ACTION:
____________________________
Clerk/Secretary
Department: City Manager Item No: D3
Prepared by: Amanda Lee, Assistant City Manager Meeting Date: May 10, 2022 Approved by: Patrick Johnson, City Manager Agenda Location: Discussion SUBJECT: OUTDOOR SMOKING BAN AT DINING ESTABLISHMENTS
RECOMMENDATION: Discuss an outdoor smoking ban at dining establishments.
PRIOR ACTION: On June 24, 2014, adopted City Council Ordinance No. 2014-15, amending Chapter 8.12 of the Vista Municipal Code relating to Smoking in Public Places (Vote: 4-1, Rigby opposed).
On October 22, 2013, adopted City Council Ordinance No. 2013-19, amending Chapter 8.12 of the Vista Municipal Code Regarding Smoking in Public Places (Vote: 4- 1, Rigby opposed).
A complete list of prior actions is included in Exhibit 1.
STATEMENT ON THE SUBJECT: Councilmember Contreras requested the City Manager place a discussion item on an upcoming City Council meeting agenda to discuss an outdoor smoking ban at dining establishments.
FISCAL IMPACT: There is no direct fiscal impact associated with this discussion item.
EXHIBITS:
1.Health and Safety Municipal Code Section 8
2.Prior City Council Actions
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
05/10/2022 D3 Page 1 of 6
Discuss an outdoor smoking ban at dining establishments. Directed Staff to draft proposed changes to Municipal Code for discussion at a future meeting. Vote: 4-0 (Ritter absent)
05/10/2022 D3 Page 2 of 6EXHIBIT 1
05/10/2022 D3 Page 3 of 6
05/10/2022 D3 Page 4 of 6
05/10/2022 D3 Page 5 of 6
Prior City Council Actions
On June 24, 2014, adopted City Council Ordinance No. 2014-15, amending Chapter 8.12 of the Vista Municipal Code related to Smoking in Public Places (Vote: 4-1, Rigby opposed).
On October 22, 2013, adopted City Council Ordinance No. 2013-19, amending Chapter 8.12 of the Vista Municipal Code Regarding Smoking in Public Places (Vote: 4- 1, Rigby opposed).
On August 13, 2013, adopted City Council Ordinance No. 2013- 17, amending Chapter 8.12 of the Vista Municipal Code regarding smoking in Public Places (Vote: 4- 1, Campbell opposed).
On June 25, 2013, directed staff to revise Vista Municipal Code Chapter 8.12 to bring the chapter into compliance with current California health and safety laws (Vote: 3- 2, Campbell and Cowles opposed).
On June 11, 2013, provided direction to staff to review Councilmember Campbell' s amendments to his proposed ordinance and bring the item back to the next meeting with the same options listed in the staff report (Vote: 5- 0).
On May 14, 2013, directed staff to prepare an agenda report to discuss the proposal from Councilman Campbell to ban smoking in outdoor dining and patio areas (Vote: Consensus).
On May 26, 1992, adopted City Council Ordinance No. 92- 6, amending Chapter 8. 12 of the Vista Municipal Code Regulating Smoking in Certain Public Places (Vote: 4- 0, Smith abstained).
On January 8, 1990, adopted City Council Ordinance No. 89- 49, repealing Article VI of the Vista City Code and Adding a New Article VI Regulation Smoking in Certain Public Places (Vote: 3- 2, Asmus and Wade opposed).
05/10/2022 D3 Page 6 of 6EXHIBIT 2
From:John Bottorff
To:Public Comments
Subject:Comment for City Council Agenda Item #D3
Date:Tuesday, May 10, 2022 1:56:39 PM
Attachments:Vista smoking Comment May 10 2022.pdf
Please find our comment in support of banning smoking at outdoor dining establishments.
Thank you,
John Bottorff
CleanEarth4Kids.org
949-439-5459
[email protected]
ADD TO PACKET
D3
May 10, 2022
Dear Mayor Ritter and City Council,
CleanEarth4Kids.org supports banning all smoking at dining establishments as have Carlsbad and Oceanside. 2nd hand smoke is a toxic air contaminant linked to cancer, lung infections, bronchitis, asthma and many other health issues. There is NO safe level of exposure to 2nd hand smoke.Link for more information.
We also ask you to consider the following actions to protect our air and children’s health:
1.Pass an ordinance to stop all smoking and vaping in multi-unit housing which has already been done by 74 cities and counties in Califor nia. Up to 65% of the air in a multi-unit home can come from other units in the building. 2 out of every 5 children and 7 out of 10 black children are exposed to 2nd hand smoke, increasing their risks of asthma and other lung conditions. There is also 3rd hand smoke which is the chemical residue left on clothes, fur niture and any sur face exposed to smoking. Washing does not remove these chemicals or their health risks. These toxic chemicals are linked to things like liver disease, type 2 diabetes and can har m brain development.Link for more infor mation.
2.Pass an ordinance to stop all sales of flavored smoking products, including tobacco, cannabis, cigars, e-cigarettes and vapes. Flavors are used by the industry to hook youth and create lifelong customers despite the health dangers. Please follow the example of the Cities of San Diego, Encinitas and Santa Ana along with Sacramento and Monterey Counties to protect our kids.Link for more information,
3.Please pass an ordinance to stop natural gas in new construction as has the cities of Encinitas and Solana Beach. We thank you for requiring heat pumps. Please encourage licensing for heat pump installation. We also ask you to educate residents about methane and climate along with the har ms of using methane. Here is a link to our Dangers of Natural Gas video, created by our youth and climate consultant and former Encinitas Environmental Commissioner, Jim Wang.Link for more information.
4.Please pass an ordinance to not allow wood burning fireplaces in new construction. Please educate the public that wood smoke is toxic. Burning 10 lbs. of wood in 1 hour creates the same cancer -causing PAHs as 6,000 packs of cigarettes.Link for infor mation about wood smoke and air pollution.
5.Please transition all city lands, including golf courses to a non-toxic Integrated Pest Management (IPM) program that does not allow synthetic pesticides or fertilizers to protect human health and the environment. This has been done in cities like Carlsbad, Oceanside,
San Juan Capistrano.
Over 99% of pesticides used go into the surrounding environment, har ming public health and beneficial biota, and contaminating our air, soil and water. These toxic pollutants runof f into our water and wetlands, harming our environment and destroying ecosystems. Fertilizer runof f is a major contributor to red, blue and green tides of algae which kills fish and other aquatic life.
The US only bans 15 pesticides, China bans 51. Stopping the use of pesticides is necessary to protect the health and development of children and protect the public from increased risk of Parkinson’s, Alzheimer’s, asthma, lung disease and cancer, and many other diseases and health conditions.
Studies show repeated, low-level exposure to organophosphates can affect neurodevelopment in children. Research also links pesticides to epigenetic transgenerational inheritance, where the harms from pesticides are inherited by future generations. The use of toxic, man-made/synthetic pesticides must be stopped.Link for more information.
Sincerely,
Suzanne M. Hume
[email protected]
(760) 518-2776
CleanEarth4Kids.org
Below are studies and articles on pesticides for your reference.
1.Prenatal pesticide exposure and childhood leukemia – A California statewide case-control study - ScienceDirect. “Our findings suggest that in rural areas of Califor nia exposure to certain pesticides or pesticide classes during pregnancy due to residential proximity to agricultural applications may increase the risk of childhood ALL and AML.”
2.Residential proximity to pesticide application as a risk factor for childhood central nervous system tumors - PubMed (nih.gov). “...exposure to certain pesticides through residential proximity to agricultural applications during pregnancy may increase the risk of childhood central nervous system tumors.”
3.Parkinson's Disease and Residential Exposure to Maneb and Paraquat From Agricultural Applications in the Central Valley of California | American Journal of Epidemiology | Oxford Academic (oup.com). “...maneb and paraquat...exposure to both pesticides within 500 m of the home increased PD risk by 75%.”
4.Proximity to Crops and Residential Exposure to Agricultural Herbicides in Iowa (nih.gov). “Our study indicates that residential exposure to commonly used agricultural herbicides is higher among those living within 750 m of agricultural fields and among those with an agricultural worker in the home.”
5.Residential Proximity to Environmental Hazards and Adverse Health Outcomes (nih.gov). “birth address within 1000 meters of cropland showed some association with ger m-cell tumors, non-Hodgkin's lymphoma, and Burkitt lymphoma”
6.Residential proximity to pesticide application as a risk factor for childhood central nervous system tumors - ScienceDirect. “Our study suggests that exposure to certain pesticides through residential proximity to agricultural applications during pregnancy may increase the risk of childhood central nervous system tumors.”
7.Residential proximity to greenhouse crops and pesticide exposure (via acetylcholinesterase activity) assessed from childhood through adolescence - ScienceDirect.“Residential proximity to floricultural greenhouses, especially within 275 m, was associated with lower AChE activity among children, reflecting greater cholinesterase inhibitor exposure from pesticide drift.”
8.Maternal Residence Near Agricultural Pesticide Applications and Autism Spectrum Disorders among Children in the California Central Valley (nih.gov).“...largest magnitude of ASD risk (a 500-m distance between field and residence)”
9.Birth malformations and other adverse perinatal outcomes in four U.S. Wheat-producing states. (nih.gov). “Results from this study indicate that in rural, agricultural counties where wheat acreage occupies a larger percentage of the land and where use of chlorophenoxy herbicides is higher, anomalies of the circulatory/respiratory and musculoskeletal/integumental system significantly increased.”
10.Cancer risk and residential proximity to cranberry cultivation in Massachusetts. | AJPH | Vol. 86 Issue 9 (aphapublications.org). “...subjects who had ever lived within 2600 ft (780 m) of a cranberry bog had a twofold increased risk of brain cancer overall.”
11.Pesticide exposure of children in an agricultural community: evidence of household proximity to far mland and take home exposure pathways - PubMed (nih.gov). “Median pesticide concentrations in housedust (P=0.01) and metabolite concentrations in urine (P=0.01) from agricultural families were significantly higher in the children living near treated orchards (within 200 ft or 60 m) than those living more distant.”
12.Exposures of children to organophosphate pesticides and their potential adverse health ef fects - PubMed (nih.gov). “..young children can be exposed to pesticides during normal oral exploration of their environment and their level of dermal contact with floors and other surfaces. Children living in agricultural areas may be exposed to higher pesticide levels than other children..” “There is substantial toxicologic evidence that repeated low-level exposure to organophosphate (OP) pesticides may affect neurodevelopment and growth..”
13.A Case-Control Study of Pesticides and Fetal Death Due to Co... : Epidemiology (lww.com). “proximity to commercial pesticide applications was associated with an elevated risk of fetal death due to congenital anomalies…” “Increased ORs for congenital anomalies were also observed for women reporting household use of pesticides and living within 0.25 miles of an agricultural crop at any time during the month before conception and the first trimester of pregnancy.”
14.Parkinson's disease mortality and pesticide exposure in Califor nia 1984-1994 - PubMed (nih.gov). “Mortality from PD as the underlying cause of death was higher in agricultural pesticide-use counties than in non-use counties.”
15.Advocates: New pesticide regulations are not enough | News | recorderonline.com. “one-mile buffer would have prevented 85 percent of acute exposure illnesses, while only 24 percent of non-work drift illnesses occurred at distances of a quarter mile or less.”
16.Indiscriminately from the skies. - Abstract - Europe PMC.PDF. For aerial applications: “Drift does occur over much greater distances. For example...2,4-D drift for 10 to 50 miles and paraquat drift for up to 20 miles.”
17.Study Finds that Regenerative Agriculture Is Undermined by Toxic Pesticide Use - Beyond Pesticides Daily News Blog. “...eliminating or greatly reducing toxic pesticides is key to building healthy soils and ecosystems for a healthy planet.”
18.Report Finds T rue Cost of Food in 2019 Was $2.1 T rillion in Adverse Health, Environmental, and Other Effects - Beyond Pesticides Daily News Blog.“our food comes with hidden costs - to our health, to our climate, and to the farmers, fishers, ranchers, and food workers..”
19.Epigenetics and pesticides - ScienceDirect. “Pesticides...may cause both acute and delayed health ef fects in exposed subjects. These ef fects can range from simple irritation of the skin and eyes to more severe effects such as af fecting the nervous system, the reproductive system and cancer.”
20.Occupational exposure to pesticides is associated with differential DNA methylation | Occupational & Environmental Medicine (bmj.com). “occupational exposure to pesticides is genome-wide associated with differential DNA methylation.”
21.Pesticide exposure and lung cancer risk: A... | F1000Research.“It was found that lung cancer was positively associated with lifetime use of herbicides and insecticides.”
22.Airborne organophosphate pesticides drift in Mediterranean climate: The importance of secondary drift - ScienceDirect. "Measurements indicate significant primary and secondary drift under the area's Mediterranean climate.”
23.Toxins May Affect Epigenetics Through Multiple Generations | What is Epigenetics?. “...epigenetic modifications can be inherited from generation to generation to generation and so on.”
24.Alterations in sperm DNA methylation, non-coding RNA and histone retention associate with DDT -induced epigenetic transgenerational inheritance of disease“...all three dif ferent epigenetic processes were concurrently altered as DDT induced the epigenetic transgenerational inheritance of sperm epimutations.”
25.‘Environmental and Economic Costs of the Application of Pesticides Primarily in the United States’ | SpringerLink.PDF. “estimated $10 billion in environmental and societal damages are analyses of:
pesticide impacts on public health; livestock and livestock product losses; increased control expenses resulting from pesticide-related destruction of natural enemies and from the development of pesticide resistance in pests; crop pollination problems and honeybee losses; crop and crop product losses; bird, fish, and other wildlife losses; and governmental expenditures to reduce the environmental and social costs of the recommended application of pesticides.”
26.The Chemical Industry Scores a Big Win at the E.P.A. - The New York T imes (nytimes.com). “E.P.A. has in most cases decided to exclude from its calculations any potential exposure caused by the substances’ presence in the air, the ground or water, according to more than 1,500 pages of documents released last week by the agency.”
27.Association Between Pesticide Residue Intake From Consumption of Fruits and Vegetables and Pregnancy Outcomes Among Women Undergoing Infertility T reatment With Assisted Reproductive Technology | Pregnancy | JAMA Inter nal Medicine | JAMA Network. “intake of high–pesticide residue fruits and vegetables was associated with a lower probability of live birth.” “More than 90% of the US population has detectable concentrations of pesticides or their metabolites in their urine or blood samples.”
28.How Monsanto manipulates journalists and academics | Carey Gillam | The Guardian. “Through three civil trials, the public release of internal corporate communications has revealed conduct that all three juries have found so unethical as to warrant punishing punitive damage awards.” “Much attention has been paid to Monsanto conversations in which company scientists casually discuss ghostwriting scientific papers and suppressing science that conflicts with corporate assertions of Roundup’s safety.”
29.Of Mice, Monsanto And A Mysterious Tumor | Articles | Carey Gillam, Investigative Journalist. “Following the document trail...the lengths Monsanto has had to go to in order to convince regulators to accept scientific interpretations that support the company’s products.”
30.The Monsanto Papers: Poisoning the scientific well - PubMed (nih.gov). “The documents reveal Monsanto-sponsored ghostwriting of articles published in toxicology jour nals and the lay media, inter ference in the peer review process, behind-the-scenes influence on retraction and the creation of a so-called academic website as a front for the defense of Monsanto products.” “The use of third-party academics in the corporate defense of glyphosate reveals that this practice extends beyond the corruption of medicine and persists in spite of efforts to enforce transparency in industry manipulation.”
31.How Pesticide Companies Corrupted the EPA (theintercept.com).“...EPA’s Office of Pesticide Programs...a federal environmental agency that is often unable to stand up to the intense pressures from powerful agrochemical companies, which spend tens of millions of dollars on lobbying each year and employ many former EPA scientists once they leave the agency. The enormous corporate influence has weakened and, in some cases, shut down the meaningful regulation of pesticides in the U.S. and left the country’s residents exposed to levels of dangerous chemicals not tolerated in many other nations.”
32.Whistleblowers Expose Corruption in EPA Chemical Safety Office (theintercept.com). “Managers and career staff in the Environmental Protection Agency’s Office of Chemical Safety and Pollution Prevention tampered with the assessments of dozens of chemicals to make them appear safer, according to four scientists who work at the agency.”
33.PAN International Consolidated List of Banned Pesticides | PAN International (pan-inter national.org). “Consolidated List of Banned Pesticides (CL) has been developed to identify which pesticides have been banned by particular countries.”