San Ramon council to talk e-cigarette regulations, massage businesses

The San Ramon City Council is set Tuesday to discuss expanding its regulations on smoking within city limits and potentially restrict areas where electronic cigarettes can be used.

The proposed additions to the smoking ordinance — which hasn’t been updated since 2013 — would attempt to limit all smoking substances in public areas throughout the city and further regulate the advertisement of tobacco products in San Ramon.

“While there have been limited studies on the effects of second-hand vapor, preliminary indications are that second-hand vaping may also be harmful to the health of non-smokers and non-vapers,” San Ramon city attorney Martin Lysons wrote in a staff report.

Primarily the new regulations would treat the use of e-cigarettes on a similar level as traditional cigarettes and other tobacco products. Vaping would only be allowed in designated smoking areas — city staff believe this will help reduce the public to harmful second hand smoke.

With the partial legalization of marijuana in California, the council will also discuss updating its ordinances to restrict the areas cannabis can be used.

“The Tobacco Education and Research Oversight Committee, a legislatively mandated advisory committee under the California Department of Public Health, recommends prohibiting the use of electronic smoking devices in all areas where other tobacco products are banned,” Lysons wrote.

The overall goal of the ordinance is the restriction of smoke in public areas, smoke being defined in the ordinance as “electronic smoking device vapors, marijuana smoke, and smoke from any illegal substance,” according to city staff.

Lastly the ordinance adds new provisions limiting the sales and advertisement of various tobacco and marijuana substances. These provisions include forbidding the distribution of free tobacco products, regulations limiting the sale of flavored tobacco and a requirement for tobacco retailers to examine identification of all potential purchasers.

“Since the last update to the smoking ordinance, the use of electronic smoking devices (also known as “vaping”) has grown in popularity. In fact, vaping is more popular among teenagers than cigarette smoking in the United States,” Lysons explained.

The report pointed to the growing use of e-cigarettes by children and young adults in recent years, as an additional factor behind the proposed regulations.

Lysons cited a California Department of Public Health report indicating that over the past year vaping has nearly tripled for 8- to 29-year-olds from 2.3% to 7.6%. In California 19% of high school seniors said they vaped nicotine in the last year along with 16% of sophomores and 8% of eighth-graders.

If no changes are proposed, the ordinance as drafted will return for final adoption at the council’s Aug. 28 meeting.

The San Ramon City Council is set to hold its regular meeting Tuesday 7 p.m. at the city council chambers, 7000 Bollinger Canyon Road.

In other business

* The council will also discuss an update to its “public peace, morals and welfare ordinance,” specifically relating to massage parlor services within city limits.

Proposed changes would completely replace the city’s previous ordinance on the massage services and bring more comprehensive regulations to the industry.

“The (California Massage Therapy Council) has made it clear that any concerns a city may have about massage establishments must be regulated at the local level by ordinance,” deputy city attorney Alicia Poon wrote in a staff report.

Changes to the ordinance are numerous and if approved will mean a complete overhaul of San Ramon’s massage services regulations, which haven’t seen a comprehensive updated since 2005.

“The city would like to update its ordinance to further strengthen the regulations it can impose over massage establishments, combat any current and potential malfeasance occurring in massage establishments and maintain a healthy and safe environment for all patrons visiting the massage establishments within the city,” Poon added.

Key proposed changes include madating massage therapists be CAMTC-certified, therapists are required to register every two years, the city’s permit administrator can suspend a massage establishment permit after a hearing, enhanced ability for city staff to perform inspections and the establishment of a $2,500 fine for anyone who falsely claims to be a licensed therapist.

Like the council’s proposed smoking ordinance updates, if no changes are proposed to the massage services ordinance it will be considered for adoption at the council’s Aug. 28 meeting.

* New business at the council’s regular meeting will begin with an annual staff report by transportation specialist PJ Dhoot on the Safe Routes to School program.

The annual report reflects the collective recommendations from various city departments, the transportation advisory committee and school site administrators from across the city — all in an effort to increase safety for student en route to school.

This year the report will focus on six schools considered priorities due to “ongoing traffic circulation issues” — Bella Vista Elementary, Bollinger Canyon Elementary, Coyote Creek Elementary, Live Oak Elementary, Quail Run Elementary and Walt Disney Elementary.

* Prior to the regular meeting the council will meet for a special workshop discussing the city’s solid waste franchise agreement and review several potential options for renewing its solid waste contract with waste management services. The city’s current contract is set to expire Sept. 30, 2019.

Initial research approximates that garbage rates are expected to increase anywhere from 24% to 40%, depending on the contractor and program selected. Detailed cost proposals have not yet been released due to the council continuing negotiations with three potential service providers.

City staff will begin the meeting with a review of a customer survey it conducted earlier this year, in order to get a grasp of how San Ramon residents feel about their garbage and recycling services. Initial results from 400 residents indicate high approval rates, with 91% of responders stating they are satisfied with current services.

The special meeting will also take place in the council chambers, but will begin at 5 p.m.