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PUBLIC HEARINGS AND OTHER MATTERS 16. Introduce and waive first reading of an ordinance to add a new Chapter 9.27 Restrictions on Smoking at Townhomes, Condominiums and Buildings with Three or More Attached Units to the Municipal Code Community Development Director Ellen Clark stated this item introduces an ordinance to restrict smoking at multi-family ownership properties based on health concerns over second-hand smoke. She noted the City has restrictions on smoking in other public places such as parks, workplaces, and multi- family rental apartments. She noted this is a part of the two-year Work Plan to extend the restrictions on rental properties to include ownership properties. Assistant City Attorney Larissa Seto reported the ordinance is designed to restrict lighted cigarettes, pipes, hookahs, and the combustion of other herbs such as marijuana. She stated it is not meant to regulate candles, incense or other herbs burned for olfactory reasons. She advised the ordinance will also cover electronic smoking devices regardless of their content. She noted the definitions will be the same as the smoking ordinances at apartments and parks. Assistant City Attorney Seto reported the ordinance calls for restrictions at buildings with three or more attached units, covering condominiums, townhomes, fourplexes, and triplexes, regardless of whether they are owner-occupied or leased. She clarified smoking at single apartments and duplexes is already regulated in the Pleasanton Municipal Code (PMC). She stated the spaces within the complexes where smoking would be prohibited are second-hand smoke inhalation risky common areas — both enclosed and unenclosed. The ordinance would extend to private outdoor areas such as balconies and private patios stemming from comments by concerned residents. Staff is not proposing regulations for smoking inside residential units because there is no shared air between units and enforcement challenges. She noted, although it is not the staffs recommendation, language is provided if the City Council wishes to discuss smoking within individual units. The cities of Dublin and Livermore do not restrict smoking in ownership housing. City of Danville restricts smoking in buildings with three or more units, including inside the units. City of San Ramon restricts smoking in buildings with two or more units but smoking inside the units is not prohibited. Enforcement would be from the Pleasanton Police Department (PPD) and code enforcement with a $100 fine for a first violation and escalating penalties for repeat offenders. Staff is proposing property owners inform tenants of the smoking restrictions and include them in lease agreements. She advised Homeowners' Associations (HOA) can be contacted by staff for assistance with enforcement. The ordinance would permit private parties to bring a civil action. Assistant City Attorney Seto noted there will be enforcement challenges to catching a smoker in the act. The PPD and Code Enforcement officers receive 5-7 smoking complaints monthly. There is a better chance of observing a violation if they happen in a common area or outdoor private area. Complaints about smoking are not always accurate and these complaints are not considered a basis to enter a residence. She advised staff will not issue violations unless the act of smoking is directly observed. On November 16, staff sent letters to 45 HOAs and management companies advising them of this forthcoming agenda item. She reported the public comments received are generally in support of the restrictions. She reported through this commentary they clarified staff would receive information from property owners and handle enforcement as opposed to the property owner handling enforcement. If approved, staff is recommending an effective date of July 1, 2022, to allow for public education, provide owners a chance to update their tenant lease agreements, and give HOAs a chance to similarly review their Covenants, Conditions, and Restrictions (CC&R). City Council Minutes Page 5 of 18 December 7, 2021