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HomeMy WebLinkAboutItem 8.1 OpposeProp188 (2) . ..~ '; ", -,~ 'i'.'~, .. ,.~...-.\ ','; ,,,';.. ~. .':'. ....~ .,' '., ; .~. ,,:,.""~:', ..........:;,..'~,,,,. ....,. ~""III-:~".";-,,', .:<\" .,. ....."...;'~"',:I~..\'H .',.' "I~-<'" l.R;>V 'r >". -1 . . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 24, 1994 SUBJECT: Opposition to Proposition 188 1!j (Prepared by: Bo Barker, Management Assistant) EXHIBITS ATTACHED: / Resolution Opposing Proposition 188 RECOMMENDATIO~liberate and Direct Staff appropriately FINANCIAL STATEMENT: None DESCRIPTION: California voters will decide the fate of Proposition 188 in the upcoming November election. Proposition 188 is the tobacco industry initiative that creates a weak Statewide smoking law. If passed, Proposition 188 would take the place of any local ordinance and permanently prevent cities from adopting local ordinances. Councilmember Moffatt proposed that this item be brought before the City Council to determine the City's position on the Proposition. Since Proposition 188 would take the place of local ordinances the City's Smoking Ordinance would change. These changes affect every major area of the City's current ordinance. A comparison of Dublin's Ordinance to Proposition 188 is shown below: Impacted Area Dublin's Ordinance Proposition 188 Workplaces Prohibits Smoking in all workplaces Smoking allowed in: 1. Private Offices 2. Conference rooms with consent of everyone present 3. Employee Cafeterias confined to 25% of seating capacity 4. Designated smoking lounges 5. In company cars with the consent of all present Restaurants Prohibits Smoking Allows smoking in designated areas up to 25% of the seatinp; capacity Bars Allows smokin~ if separately ventilated Allows Smokin~ Public Places Prohibits Smoking Allows smoking in: 1. Hotel and Motel Rooms 2. Hotel and Motel Conference Rooms 3. Up to 25% of the concourse areas of bowling center or hotel lobby areas 4. Gamin~ clubs Vending Machines Prohibited Allowed if equipped with an electronic switch that would be activated by a retailer prior to each purchase Enforcement City Manager's Office State's Job Safety and Health Enforcement A~ncy The American Lung Association, the American Cancer Society and the League of California Cities are opposed to Proposition 188. Staff recommends the City Council review the material and direct Staff appropriately. COPIES TO: E-F CITY CLERK FILE ~ ITEMNO.S.J . . RESOLUTION NO. - 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ...................*.*...*. OPPOSING PROPOSITION 188 "CALIFORNIA UNIFORM TOBACCO CONTROL ACT" WHEREAS, tobacco use is responsible for the death of over 400,000 people every year and is the number one cause of death in the United States; and WHEREAS, Environmental Tobacco Smoke (ETS), or second hand smoke, has been categorized as a cancer causing substance by the Environmental Protection Agency with exposure to ETS killing an estimated 40,000 persons every year; and WHEREAS, the City of Dublin passed a smoking control ordinance in 1993 which bans smoking in restaurants and workplaces in order to protect people against exposure to ETS; and WHEREAS, Proposition 188, mistitled the "California Uniform Tobacco Control Act" would repeal the local smoking control ordinance passed in the City of Dublin and replace it with a state wide law which could permit smoking in every restaurant and workplace in the State; and WHEREAS, over 60% of the population of California lives in cities and counties which have tougher tobacco controls than contained in Proposition 188, and would suffer reduced protection from EIS if Proposition 188 passes; and WHEREAS, Proposition 188 is being sponsored by Philip Morris, the largest cigarette manufacturing company in the world; and WHEREAS, the ventilation standards proposed in Proposition 188 for application to indoor smoking will remove the odor of smoke from the air, but not the cancer causing substances which pose a threat to public health. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin will take immediate steps to inform the residents of the negative impact of Proposition 188 on the community. PASSED, APPROVED AND AOOPTED this 24th day of October, 1994. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk