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CCMIN121515
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CCMIN121515
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CITY CLERK
CITY CLERK - TYPE
MINUTES
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12/15/2015
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CCMIN121515
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do not have restrictions for smoking in single-family residential neighborhoods. The City of Dublin <br /> does have a policy which states that smoking in single-family residential neighborhoods are <br /> considered private nuisances which private owners must pursue themselves. The City will send a <br /> courtesy notice upon request, however staff does not spend time pursuing private matters. <br /> At this time, staff is requesting Council direction regarding the PDA's Downtown <br /> recommendations, which would include introducing an Ordinance outlining the policy and <br /> enforcement actions and whether further review of policies and regulations for prohibiting smoking <br /> in multifamily residential rentals and single-family residential neighborhoods, and if it should be <br /> added to the Work Plan. <br /> In response to an inquiry from Councilmember Pentin, Ms. Seto stated that it would be difficult to <br /> regulate smoking in single-family residential neighborhoods unless you can specifically show <br /> harm is being caused and urged caution before adopting such a policy. She did state that a <br /> carefully crafted policy could be adopted and implemented for multifamily condominiums and <br /> townhouses as it was more of an issue regarding second hand smoke. <br /> In response to an inquiry from Mayor Thorne, Ms. Seto noted that second hand smoke would be <br /> the prevailing issue whether the multifamily units were rentals or privately owned. <br /> Councilmember Pentin expressed concern that non-smoking prohibitions in multifamily residential <br /> rentals may cause some people to be forced out of their rental housing in favor of those who do <br /> not smoke. Ms. Seto recommended the Council direct staff to review policies from other cities as <br /> to whether current renters could be "grandfathered". In addition, there was a recommendation that <br /> new residents be notified of any adopted policies before they move in. <br /> Deliberation ensued among staff and Council regarding whether to allow Downtown special event <br /> permit owners to determine whether smoking should be prohibited at their events. The placement <br /> of signage was identified as a potential for confusion for Downtown patrons if certain events were <br /> non-smoking and others were not, all in the same area. <br /> Staff affirmed that the PDA did discuss including signage provisions in any adopted Ordinance, <br /> including signage at reasonable intervals. <br /> In response to an inquiry from Councilmember Brown, staff stated that the Council could require <br /> all City-sponsored events in the Downtown area to be non-smoking and that certain senior <br /> buildings partly owned by the City are non-smoking. Councilmember Brown expressed concern <br /> that the City has regulations in place that protect seniors, but not children, from second hand <br /> smoke. She also stated that it was her understanding that the City of Dublin started at a lower <br /> threshold for restricting smoking and then gradually increased their requirements. <br /> The Mayor opened the item for public comment. <br /> Bruce Fiedler, Dublin resident, expressed his support for the Council's consideration of this item, <br /> and noted the measures already taken by other Bay area communities. He mentioned that these <br /> policies were implemented without much "fanfare." He suggested that smoking and vaping be <br /> prohibited at all City events and recommended that the Council direct staff to analyze a smoke <br /> free multifamily residential ordinance. He provided the staff report from the City of Dublin and <br /> requested that staff review how the City of Union City proceeded in this matter. In closing, he <br /> stated that the federal Department of Housing and Urban Development is making all public <br /> housing and any federally subsidized housing non-smoking. <br /> In response to an inquiry from Councilmember Brown, Mr. Fiedler stated that a complex may have <br /> a designated smoking area with specific signage, and there are distance requirements built into <br /> City Council Minutes Page 8 of 15 December 15, 2015 <br />
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