HomeMy WebLinkAbout- - Request Support Ban on Dental Mercury - 10/19/2010CITY COUNCIL AGENDA REPORT
MEETING DATE: October 19, 2010 ITEM NUMBER: IX -2
SUBJECT: Request of Council Member Monahan for Adoption of a Resolution
Supporting a Ban on Dental Mercury
DATE: October 15, 2010
FROM: City Manager's Department
PRESENTATION Gary Monahan, Council Member
BY:
FOR FURTHER INFORMATION Allan L. Roeder, City Manager
CONTACT: (714) 754-5328
RECOMMENDATION:
Consider adoption of proposed Resolution.
BACKGROUND:
City Council Member Monahan, at the request of local residents as members of
Californians for Green Dentistry, has requested that the City Council adopt a resolution
opposing the use of mercury in dental clinics. Californians for Green Dentistry have
provided substantial material regarding the adverse impacts of mercury on the
environment as well as the impacts of its use in dental practices. Copies of the relevant
materials have been attached to this report and petitions submitted to the City Council
Member have been forwarded to the City Clerk as a matter of public record. The
Council Member — with the assistance of representatives from Californian's for Green
Dentistry — will provide the City Council and the pubic with a brief presentation at the
City Council meeting.
It is unclear at this time as to whether the City of Costa Mesa, as a general law City, has
any legal authority to ban the use of Dental Mercury. As a general rule, regulation of
the medical professions is outside the purview of local government. However, the City
clearly has the authority to express as a matter of public policy its support for a ban on
Dental Mercury and to convey that support to the appropriate State and Federal
authorities. Consequently, the attached Resolution has been prepared for consideration
by the City Council and the public.
FISCAL REVIEW:
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No fiscal impact to the City of Costa Mesa in terms of expressing support for a ban on
dental mercury. This is not intended to reflect on the financial impacts of dental mercury
on the environment, clean-up and remediation or other costs that may be associated
with its use.
LEGAL REVIEW:
The attached Resolution has been approved as to form.
CONCLUSION:
This is a matter of public policy in expressing the City's position on banning dental
mercury. Should the City Council adopt the attached Resolution, it will represent a
policy statement on behalf of the City but does not have the force of law. If the City
Council is interested in research into what cities in California may legally do to ban
dental mercury in their communities, a request should be made to the City Attorney for
an assessment of the time required to conduct this research.
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City Manager
ATTACHMENTS: 1 Information on Dental Mercu
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