CCMIN 10052021 - Laserfiche WebLink

Director Clark stated staff's recommendation is to waive the first reading and adopt amendments to the PMC restricting smoking at townhomes, condominiums, and buildings with three or more attached units. In response to Councilmember Testa, Assistant City Attorney Seto clarified there is a construction quality difference between commercial rental properties and individually-owned properties. Rental units have more shared air between units and this is the reasoning behind the indoor smoking ban for apartments. She advised there is also a difference between the two in management where rental company lease agreements have a different level of ability to access units to spot violations. Construction standards are different for rental units versus ownership units providing more insulation in ownership units for things like noise. In response to Councilmember Arkin, Assistant City Attorney Seto clarified the 5-7 complaints received monthly are from a combination of multi-family buildings and City parks. When there is a complaint with apartments, staff usually works with the property manager for follow-up. She noted staff can rarely see what is actually going on but sometimes a neighbor will show them a video they can present to the on- site property manager to enforce the provisions in their rental agreement. She stated they have several repeat offenders but noted this is also the nature of smoking. She advised other offenders look for other ways to smoke, such as walking on the sidewalk while smoking. She confirmed violators generally do have some level of compliance after speaking with them. In response to Councilmember Arkin, Assistant City Attorney Seto clarified people could see violators on private balconies, decks, and patios over the protective fences. She confirmed there would still be enforcement issues with a balcony. In response to Councilmember Balch, Assistant City Attorney Seto clarified smokers in the City of Danville would have to leave their association's property to smoke. In response to Councilmember Balch, Assistant City Attorney Seto stated the City will be asking for copies of lease agreements to ensure the language inserted makes the restrictions clear to future tenants. She stated it would be hard to imagine the City citing landlords for violations involving not having the proper language in their lease agreements. She confirmed the language reflects the ability for the City to act without first going through the landlord as a response to public comments. She confirmed a property owner committing a smoking violation could be issued a citation. She advised, even if the property owners do not put the requisite language in their leases, the City could still cite a violating tenant. In response to Councilmember Balch, Assistant City Attorney Seto stated there were over 4,000 units on a mailing list of potentially-impacted units. Community Development Director Clark advised there are an overall total of 29-30,000 overall housing units in Pleasanton. In response to Councilmember Balch, Community Development Director Clark stated her uncertainty over whether this ordinance would impact affordability. It may have a general impact on which types of units a prospective resident may choose. In response to Councilmember Testa, Assistant City Attorney Seto confirmed the multi-family rental ordinance includes having a designated smoking area but this is not being proposed for the ownership property ordinance. She advised including a similar designated smoking area into this ordinance would be a policy decision for the City Council. In response to Mayor Brown, Assistant City Attorney Seto confirmed they did not include this because residents will be allowed to smoke inside their units, unlike the rental-unit ordinance. City Council Minutes Page 6 of 18 December 7, 2021