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CCMIN06202017
City of Pleasanton
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CCMIN06202017
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CITY CLERK
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MINUTES
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Liz Williams, Americans for Non-Smokers Rights, spoke in support of the ordinance and <br /> encouraged its expansion to include multi-unit housing including townhouses and condominiums. <br /> Carmen Rivera Hendrickson reported she has been the victim of second-hand smoke, suffers <br /> from respiratory ailments and spoke in support of the proposed ordinance. <br /> Tamiko Johnson, Alameda County Public Health Department, thanked the City for considering the <br /> ordinance, spoke in its support and encouraged expanding it to townhouses and condominiums. <br /> Serena Chen, representing Bruce Fielder, spoke in support of the ordinance, commented on <br /> similar ordinances in nearby cities and noted less than 5% of Pleasanton residents, smoke. She <br /> spoke regarding second-hand marijuana smoke, suggested prohibiting vendors from smoking <br /> when visiting residences and opined Townhouse Associations need to look at adopting similar <br /> rules. <br /> Mayor Thorne closed public comment. <br /> Councilmember Pentin stated his biggest concern involved medical marijuana and asked <br /> regarding related prohibitions. Assistant City Attorney Larissa Seto stated that staff discussed how <br /> to make reasonable accommodations. Councilmember Pentin stated he would like the ability to <br /> codify that the City would need more than proof of a person's need for medical marijuana, but <br /> proof that the person needs to smoke it inside their residential unit rather than in the designated <br /> smoking area. Councilmember Pentin stated he would like to see City Council revisiting the <br /> townhome and condominium issue. <br /> In reply to Councilmember Narum's question regarding signage and vendors, Ms. Seto stated <br /> signage would prohibit smoking and tenants would have to inform their visitors. In terms of <br /> vendors, the building would be identified as a non-smoking complex so they would also have to <br /> comply; everyone would need to comply. <br /> Discussion followed regarding the possibility of restricting smoking in privately owned townhouses <br /> and condominiums and related challenges. <br /> Mayor Thorne agreed he would like to see further consideration of restricting smoking in <br /> townhouses and condominiums. <br /> Councilmember Pentin said if City Council creates ordinances for townhouses and condominiums, <br /> owners would have to react to it. In turn, they would have to change their CC&Rs accordingly and <br /> comply. <br /> City Manager Fialho reported staff took directions from City Council to apply the ordinance to <br /> rental housing. He added if Council acts to add this to its workplan, it would be addressed in 2018 <br /> but Council must realize there are many owner-occupied townhouses and condominiums in the <br /> community and outreach would be much different and intensive. <br /> Councilmember Brown commented on challenges in restricting someone from smoking inside a <br /> house they own. <br /> City Manager Fialho stated he consulted with the City Attorney and suggested allowing them to <br /> research the matter of medical marijuana, before codifying it. <br /> The City Attorney Daniel Sodergren stated Council's direction will be incorporated into the <br /> ordinance which will be brought back for another first reading. <br /> City Council Minutes Page 5 of 8 June 20,2017 <br />
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