CCMIN 10052021 - Laserfiche WebLink

feet away from an opening or doorway. She expressed concerns over whether this is logistically feasible with some of the smaller areas covered by this proposed ordinance. Councilmember Testa stated she would like to mirror the rental ordinance giving the option to have a designated smoking area. In response to Assistant City Attorney Seto, Councilmember Testa stated she would not want the language about enclosed vehicles also being included in her motion because parking areas are less significant in terms of second-hand smoke risk. She reported when she worked for Las Positas College at the time the campus went smoke-free, parked vehicles became the designated smoking areas. She stated it was a great solution for pulling smoke out of hallways and common areas. She stated she would support not placing the enforcement responsibility on property owners. She advised they should also take Alameda County up on its offer of assistance and hear more about how this would work for Pleasanton. In response to Councilmember Balch, Councilmember Testa clarified her motion is to approve staff's recommendations, with the addition of the language about inside units, language from the 2017 ordinance about optional designated smoking areas, language from staff's memo removing the enforcement onus from property-owners, and not including parked cars in the definition of smoking- prohibited enclosed areas. She advised she would be agreeable to prohibiting smoking from parked vehicles if the City Council approves. Councilmember Arkin seconded the motion. She requested a friendly amendment to direct staff to explore eliminating the $100 fine for a first violation to be replaced by a smoking cessation or education program, possibly utilizing Alameda County's programs. Councilmember Testa accepted the amendment. Mayor Brown stated she is struggling with the within the unit component because they are making a significant change in the lives of residents who purchased million-dollar townhomes believing they could smoke at home. She noted townhome construction quality is better than apartments. Councilmember Narum agreed with Mayor Brown, citing the element of being owner-occupied making it more cumbersome to sell the home and move out than with leaving an apartment. She stated she could not support the motion and advised she did not understand why they would not include parked vehicles because second-hand smoke emits from doors opening and rolled-down windows. Councilmember Arkin stated the difference with smoking in a car is not sharing a wall with another resident where the smoke can seep through. She stated the concern should not be with smoking townhome purchasers who need to move but rather with their neighbors who now want to move. She stated the health risks of second-hand smoke are real, particularly among children, and the notion of banning it indoors has been endorsed by a prominent local pediatrician. She advised they should probably not be telling people what to do in their own homes but advised it is infringing on the health of others. She acknowledged the enforcement can be difficult, noting this is why she endorsed some sort of educational program for first offenders. She compared the likely enforcement measures to the recently-passed safe firearm storage ordinance. She advised the education and outreach components will be important. She stated she expects most people to comply. She endorsed having a designated smoking area. Councilmember Balch stated he cannot support the motion, echoing comments made by Ms. Bassey. He stated a lease default and cause for eviction seems difficult. He stated they could work with the $100 fine. He stated the private party civil suit component is really difficult for him as it encourages neighbors to video their neighbors as the basis for their lawsuits. He stated smoking is an addiction and if they treated it as a health issue as opposed to an inconvenience to non-smokers, they might have a different opinion. He advised diversion to treatment seems like a better solution. City Council Minutes Page 9 of 18 December 7, 2021