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In response to Assistant City Attorney Seto, Councilmember Balch confirmed he wants this to be done <br /> at the option of the property owner. He stated he would make the first violation to be a warning and all <br /> violations thereafter$100. <br /> Assistant City Attorney Seto clarified having staff's proposal increasing fines after the initial warning <br /> would match the City's standard schedule for administrative citations. Mayor Brown and <br /> Councilmember Balch agreed with using the standard schedule. <br /> Councilmember Balch clarified they do not have the education component ready to incorporate into the <br /> ordinance at the moment. Mayor Brown suggested incorporating the educational component at the <br /> second reading. Interim City Manager Dolan stated they could look at something but advised the report <br /> for the second reading would be going out in one week. He advised they could have a warning with <br /> encouragement to seek an educational program. <br /> Councilmember Balch stated he would move to codify the warning with an encouragement to seek <br /> cessation education. <br /> Councilmember Balch moved to approve staffs recommendation with revisions to make Section <br /> 9.027.035 done at the property owner's option, to follow the standard schedule for administrative <br /> citations in Section 9.027.040.A to make the first violation a warning with encouragement to seek <br /> smoking cessation education, strike Section 9.027.045.A, and not include parked vehicles as smoking <br /> prohibited areas. <br /> In response to Councilmember Testa, Councilmember Balch stated he would permit smoking in cars <br /> because they own the vehicle. <br /> Councilmember Testa clarified the point of allowing smoking in vehicles in her motion was to provide a <br /> smoking space since smoking inside the home would have been prohibited and smoking in both is not <br /> a compromise. <br /> Councilmember Narum seconded the motion. <br /> Councilmember Testa expressed disappointment they are putting property and minutia over health and <br /> safety. <br /> Councilmember Arkin stated protecting the health of children is a big priority for her. She stated this <br /> does not help, although it is a baby step in the right direction. She stated the ordinance has been too <br /> watered down and expressed disappointment. <br /> Councilmember Balch stated Pleasanton is taking significant steps to increase smoking prohibitions in <br /> privately owned properties. He noted it can be evaluated and changed in the future. He stated this <br /> protects property rights and residents' ability to have liberty in their homes. <br /> Mayor Brown stated this is a major step forward. She stated they are proposing smoking restrictions <br /> where they do not currently exist in owned properties. She advised they are proposing smoking bans in <br /> indoor and outdoor common areas, plus private decks and patios, where smoking is currently <br /> unrestricted. This is why she proposed bringing a privately-owned property ordinance like this forward <br /> as a priority and also matching some neighboring cities. <br /> MOTION: It was m/s by Balch/Narum to approve staff's recommendation with revisions to make <br /> Section 9.027.035 done at the property owner's option, to follow the standard schedule for <br /> administrative citations in Section 9.027.040.A to make the first violation a warning with <br /> encouragement to seek smoking cessation education, strike Section 9.027.045.A, and not include <br /> parked vehicles as smoking prohibited areas. Motion passed by the following vote: <br /> City Council Minutes Page 13 of 18 December 7,2021 <br />