CCMIN 12072021 - Laserfiche WebLink

Councilmember Testa stated if they prohibited smoking inside the units they could have a designated smoking area similar to the City's multi-family rental ordinance allowing smoking on site. In response to Councilmember Narum, Assistant City Attorney Seto reported they received no emails back from the 45 contacted HOAs and management companies. In response to Councilmember Narum, Assistant City Attorney Seto confirmed PPD staff were involved in the process but not Chief David Swing specifically. She stated PPD officers strongly advocated restricting the proposed areas. She reported the PPD expressed concerns over the ability to enforce indoors creating unrealistic enforcement expectations from neighbors leading to conflict. She clarified with rental units the property managers can enter the apartments to enforce a smoking prohibition but HOAs do not have this ability over a smoking concern. In response to Councilmember Narum, Assistant City Attorney Seto clarified they can define a motor vehicle parked in a common area with its windows closed as not being an enclosed area. She advised this could ensure people do not smoke in their cars, noting second-hand smoke exposure can happen as soon as the car door is opened. She confirmed this language would have to be in a motion to ensure clarity on smoking in parked cars. In response to Mayor Brown, Assistant City Attorney Seto clarified neighbors could take a picture of a neighbor to turn them in. She noted sometimes people are chain smokers and outside long enough for an officer to be dispatched, arrive, and catch them in the act. Sometimes a resident may call their management company. She advised it can be hard to attach a discarded cigarette to a specific person because they are not going to perform a DNA test on them. She confirmed the ordinance is on a complaint basis and they are not staking out parking lots looking for people smoking in their cars. Mayor Brown opened the public hearing. David Stark, representing the Bay East Association of Realtors, and speaking as a homeowner, stated the ordinance raises some practical questions about the implementation mechanics. He stated landlords are required to update their leases to reflect the City ordinance and also enforce the City's ordinance. He asked why there was not more outreach in the form of town halls or workshops to specific townhome and condominium owners as opposed to just HOAs. He asked if the 2017 apartment ordinance aimed at large rental agencies applies to individual homeowners; if a tenant refusing to have this added to their lease could be evicted due to the County eviction moratorium; what the penalties for landlords would be; if this would open the door for the City to lean on property owners to implement other City policies; and if there are ways to achieve the City's non-smoking goals without inserting itself into contracts between private parties. He encouraged the City Council to reach out to more stakeholders to develop a fairer, responsible, and enforceable ordinance. Jon Krueger thanked the City Council for acting to protect the health of residents from dangerous second-hand smoke. He advised removing the exemption for smoking inside the homes could make it even stronger. He advised the smoke does not stop at the boundaries of the house. He noted the City of Danville and others are already doing this and enforcement has not been a problem. Paul Cummings, Tobacco Control Program Director for the Alameda County Public Health Department, commended the 2017 apartment ordinance and thanked the City Council for looking into this issue again. He stated several communities are banning smoking in all units. He stated a focus on education and compliance, not enforcement, has worked well elsewhere locally. He reported residential second- hand smoke complaints have increased during the pandemic with more people at home for extended periods. He called for a prohibition on smoking within units to protect the most people possible. He stated the County would be willing to support Pleasanton in helping with complaint calls and education. City Council Minutes Page 7 of 18 December 7,2021