HomeMy WebLinkAboutAgenda Report - September 7, 1994 (43)• 44
4CITY OF LODI
'Vitt",
COUNCIL COMMUNICATION
AGENDA TITLE: Resolution in Opposition to Proposition 188 (State Smoking
Regulations)
MEETING DATE: September 7, 1994
PREPARED BY: City Attorney
RECOMMENDED ACTION: Council consideration and possible adoption of
attached Resolution in opposition to Proposition 188
(State Smoking Regulations)
BACKGROUND INFORMATION: In 1990, the City of Lodi adopted what was then one
of the most stringent smoking =ontrol ordinances in
the State. The matter was later placed on the ballot
in November 1990 by way of a voters' referendum. The ordinance withstood
challenge by nearly a 2 to 1 margin. Since that time, Lodi's ordinance has
been used as a model by numerous cities all over the country.
Proposition 188, which will appear on the November 1994 statewide ballot, is
sponsored by Philip Morris Tobacco Corporation. In essence, this proposition
would repeal all local smoking control ordinances and replace them with a
statewide law which could be less restrictive. This approach has been
characterized by some as an attempt by tobacco companies to take control away
from local governments and give it to the State where they have more political
influence.
The attached resolution has been recommended by the Coalition for a Healthy
California. Council consideration and possible action is requested.
FUNDING: Not applicable.
Respectfully submitted,
--�
Bob McNatt
City Attorney
BM:pn
CCPROP.188/TXTA.01V
APPROVE. _/`�"` i,
THOMAS A. PETERSON recyclea pave
Cay Managor
CC
,
RESOLUTION NO. 94-101
aasssssssssssassassaa
A RESOLUTION OF THE LODI CITY COUNCIL
IN OPPOSITION TO PROPOSITION 188
(STATE SMOKING REGULATIONS)
aaaaasasaaasssaaassa:sssxxasssxassssssssaaassasaassassssaxassasaasaxaa:
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; and exposure to ETS kills an estimated 40,000
persons every year; and
WHEREAS, the State of California as well as many counties and
municipalities conduct aggressive public education campaigns to
discourage tobacco use, particularly among children; and
WHEREAS, the City of Lodi passed a smoking control ordinance in
1990 which bans smoking in most public places 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 Lodi and replace it with a statewide 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 ETS if
Proposition 188 passes; and
WHEREAS, Proposition 188 is being sponsored by Philip Morris, the
largest cigarette manufacturing company in the world, and they do not
deny it; and
WHEREAS, Proposition 188 prohibits local government from ever
passing any tobacco control legislation in the future, and prohibits
community organizations from monitoring the illegal sale of cigarettes
to minors through tobacco purchase surveys or "sting" operations
utilizing minors attempting to purchase tobacco; and
WHEREAS, the ventilation standards proposed in Proposition 188
for application to indoor smoking will remove odor of smoke from the
air, but not the cancer causing substances which pose a threat to
public health; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
Lodi opposes Proposition 188; and
BH IT FURTHER RESOLVED that the City of Lodi will take immediate
steps to inform the residents of the negative impact of Proposition 188
on the community.
Dated: September 7, 1994
asaasa:ssssassssasassssassassssassssssssssasssasssssss:sss:ssasssaasass
I hereby certify that Resolution No. 94-101 was passed and
adopted by the Lodi City Council in a regular meeting held September 7,
1994 by the following vote:
Ayes: Council Members - Pennino, Snider and Sieglock (Mayor)
Noes: Council Members - Davenport and Mann
Absent: Council Members - None
L"ifer Perrin
ity Cle
94-101