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Notices were sent to about 22 people for the April 20, 2017 Housing Commission meeting, and to about 38 people for this City Council meeting. The vast majority of persons coming to the owner and manager meetings, directly contacting staff, attending the Housing Commission meeting [Attachment 3 is the Commission's April 20, 2017 report], and sending their comments [Attachment 4], support restrictions on smoking in multifamily rental apartments. In addition to concerns about secondhand smoke, owners and managers also discussed: how a smoke-free policy is an effective marketing tool; most residents are non-smokers; even in complexes where smoking is already restricted smokers have found ways to follow the rules and smoke by walking outside of the complex; enforcement against tenants and guests who violate no smoking rules; and ability to change terms of lease upon renewal (not mid-lease). While a few shared that their apartments allow smoking in specific buildings or permit smoking outdoors, the significant majority support smoking restrictions. Environmental Review. As the proposed ordinance will only restrict smoking activities within an already built environment, there is no possibility that the ordinance could have a significant effect on the environment. Therefore, the proposed ordinance is exempt from review under the California Environmental Quality Act(CEQA) per Title 14 California Code of Regulations §15061(b)(3). DISCUSSION The adopted Council Priority is to "Improve public health and safety by prohibiting smoking within rental multifamily housing." Considering secondhand smoke exposure as the significant public health concern,3 staff reviewed existing public health information, compared regulations in nearby communities, and sought recommendations from the Housing Commission. Attachment 2 is a chart outlining key policy considerations, how each is addressed in the proposed ordinance, the recommendations of the Housing Commission, and current regulations in Danville, Dublin, Livermore and San Ramon. The rationale supporting each policy in the proposed ordinance is described below. 1. Areas to prohibit smoking. To prevent secondhand smoke exposure,the policy interest is to prohibit smoking in areas where residents share ventilation systems, walls through which secondhand smoke can permeate and the air of indoor common spaces (common hallway, laundry room, mail room, etc.). In addition, as multifamily housing often involves multistory buildings with no space between units, a person smoking on a balcony or patio can have their smoke drift to an upstairs, downstairs or adjacent unit. Even persons smoking walking through an unenclosed hallway, parking lot or walkway, if near another residents' doors,windows, or air ducts, can have their smoke travel into another residents' apartment. In the proposed ordinance [Attachment 11 there are health and safety findings supporting adoption of these smoking restrictions set forth in Exhibit B. Page 3 of 6