CCMIN 12072021 - Laserfiche WebLink

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