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The memorandum from Councilmembers Ortiz, Campos, Candelas, Cohen, and Casey recommends enacting a temporary moratorium on new smoke shops in San José, particularly in East San José, due to concerns about public health impacts and overconcentration of these businesses near schools and residential areas. The memorandum highlights the significant increase in smoke shops and the associated health risks, particularly in underserved communities. It calls for the City Attorney and Planning staff to draft an ordinance to address these issues.
Key points
Recommendation to enact a temporary moratorium on new smoke shops citywide.
Focus on addressing overconcentration in neighborhoods like East San José.
Concerns raised about public health impacts and youth access to tobacco products.
2025 Latino Health Assessment indicates higher tobacco retailer density in East San José compared to the county overall.
Moratorium would allow existing businesses to continue operating.
Limitations
The document appears to be a draft as it includes a recommendation for a moratorium but does not provide finalized details or outcomes.
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Extracted text preview · 3,017 chars
RULES COMMITTEE: 6/11/25 ITEM: C.2 TO: HONORABLE MAYOR AND CITY COUNCIL SUBJECT: SEE BELOW Approved: SUBJECT: FROM: Councilmember Peter Ortiz Councilmember Pamela Campos Councilmember Domingo Candelas Councilmember David Cohen Councilmember George Casey DATE: May 22, 2025 Date: May 22, 2025 Temporary Moratorium on Smoke Shops RECOMMENDATION 1. Direct the City Attorney and Planning, Building, and Code Enforcement staff to draft an ordinance enacting a temporary moratorium on approving and establishing new smoke shops citywide, focusing on addressing the overconcentration of such businesses in neighborhoods such as East San José. DISCUSSION Over the past several years, the number of smoke shops operating within the City of San José has significantly increased. This trend is especially pronounced in East San José, where certain neighborhoods now have a disproportionate concentration of smoke shops within close proximity to schools, youth-serving facilities, and residential communities. Residents and community leaders have expressed growing concerns about the public health impacts, youth access to tobacco and vaping products, and the potential for these businesses to contribute to...
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The Early Consideration Response Form outlines staff recommendations regarding a nominated idea related to the regulation of Tobacco Retail License (TRL) businesses and vape and smoke shops. The staff recommends adopting the idea based on outlined tradeoffs, while also suggesting referral to the Priority Setting Process due to capacity constraints. The analysis discusses the need for a temporary moratorium to reduce access to tobacco retailers in vulnerable communities and highlights the challenges posed by limited staffing and resources. It emphasizes the importance of aligning new initiatives with existing work plans and the potential impacts on ongoing projects.
Key points
Staff recommends adopting the nominated idea based on outlined tradeoffs.
The idea may also be referred to the Priority Setting Process due to capacity constraints.
A temporary moratorium is proposed to reduce access to tobacco retailers in vulnerable communities.
Limited staffing and resources are highlighted as challenges for implementing new initiatives.
The analysis emphasizes the need to align new initiatives with existing work plans.
Limitations
The document contains unresolved placeholders and blank fields, such as the department name and representative details.
The scoring criterion section lacks filled-in values for project complexity.
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Extracted text preview · 7,716 chars
Early Consideration Response Form Rules Date Department Department Rep. Name/Ext. Item Councilmember Sponsorship Policy/Ordinance Subject Staff Recommendation GREEN Adopt based on tradeoffs outlined on next page YELLOW Refer to Priority Setting RED or to Budget Process Staff Evaluation Is this already underway in a department work plan? Is this time critical or an emergency? Yes No Yes NEEDS CLARIFICATION OR MORE TIME TO EVALUATE Recommend Council not adopt nominated idea Will this require substantial resources, staffing, budget, or strategic support? Yes No No DEPT. Required Scoring Criterion Criterion to Determine Scale of Project Complexity Project complexity is determined by scoring the project in each of the 3 criterions below and then summing the score. a. Low Complexity is a sum of 6 or less. b. Medium Complexity is a sum of 7 – 9. Total Score = c. High Complexity is a sum of 10 or greater. Low Complexity Medium Complexity High Complexity Estimated Duration 6 – 9 months = 1 9 - 18 months = 2 More than 18 months Organizational Complexity (Internal) (External) Can easily be absorbed into existing work plan Have staff with required skillset/knowledge Less than or equal 2...
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The letter from the County of Santa Clara Public Health Department addresses the San José City Hall regarding a temporary moratorium on smoke shops. It expresses gratitude for the city's use of the County's Latino Health Assessment in this consideration and urges the adoption of the County's model tobacco ordinance. The letter highlights the health risks associated with tobacco use, particularly among Latino youth, and discusses the need for policies to reduce tobacco exposure and access. It supports the proposed moratorium as a means to evaluate the impact of smoke shops and improve tobacco prevention measures.
Key points
The letter is addressed to Chair Cohen and the Rules and Open Government Committee.
It thanks the City of San José for using the County's Latino Health Assessment in considering a moratorium on new smoke shops.
The County Public Health Department aims to reduce exposure to secondhand smoke and prevent youth access to tobacco products.
Tobacco use is the leading preventable cause of death and disease in the U.S.
Adult smoking rates in the County are at 6.8%, while youth tobacco use, particularly vaping, is a concern.
The letter notes that Latino high school students have higher e-cigarette usage compared to the county average.
It highlights the increased density of tobacco retailers in East San José and its negative impact on health.
The letter supports the proposed moratorium and recommends enacting the County's model tobacco ordinance.
The County's ordinance aims to close gaps in youth access to tobacco and prohibit sales at pharmacies.
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Extracted text preview · 4,873 chars
Docusign Envelope ID: EAD8FB83-C8BA-4628-8431-4631AC965705 County of Santa Clara Public Health Department Public Health Administration 150 W. Tasman Drive, 2nd Floor San José, CA 95134 408.792.5040 June 11, 2025 San José City Hall 200 E Santa Clara St San José, CA 95113 RE: ROGC 25-218: Temporary Moratorium on Smoke Shops Dear Chair Cohen and Members of the Rules and Open Government Committee, I am writing to thank the City of San José for its use of the County of Santa Clara Public Health Department’s Latino Health Assessment (LHA) in its consideration of a temporary moratorium on approving new smoke shops citywide and to urge you to consider adoption of the County’s model tobacco ordinance. The County of Santa Clara Public Health Department is dedicated to protecting and improving the health and well-being of our community. One of the ways we achieve this is by partnering with cities across the County to promote strategies and implement policies that reduce exposure to secondhand smoke and prevent youth from accessing tobacco products. As the largest city in the county, San José has an outsized capacity and responsibility to set policies that can reduce the risk of...