CCMIN 12072021 - Laserfiche WebLink

Henrissa Bassey, of Centro Legal de la Raza, stated her intention of ensuring this ordinance would not result in the displacement of community members through lease violations. She noted if the ordinance's language is incorporated into leases it could lead to evictions, causing stress which would increase the likelihood of smoking. She advised a $100 fine is steep for many low-income residents and would increase the stress of being able to meet their monthly rent to remain housed. She expressed concerns over the disproportionate impact to black and brown residents if a private party can bring a civil lawsuit, noting their research showing minority residents face a higher likelihood of being sued than white neighbors acting similarly. She encouraged more investment in smoking cessation programs or tobacco hotlines. She advised these programs could be an alternative option to a fine for offenders. Mayor Brown closed the public hearing. In response to Mayor Brown, Assistant City Attorney Seto clarified the PMC does not provide for smoking cessation programs so the City Council would have to work with a group to figure it out together. She advised if the goal is to not have fines, staff could remove this portion from the ordinance, but stated it would be difficult to say the ordinance would have a certain cessation program where one does not currently exist. In response to Councilmember Balch, Assistant City Attorney Seto stated the civil action clause is in the ordinance because there have been situations with rental housing and elsewhere with individual property owners calling the PPD multiple times weekly asking for an immediate response. She noted this will not always be the PPD's highest priority so these are the people who likely would set up personal security cameras and bring private civil suits. She advised the City has the discretion to decide what level of enforcement to undertake. In response to Councilmember Balch, Assistant City Attorney Seto confirmed the City Council could make a policy decision for the ordinance's language to not be included in leases and used as the basis for an eviction. She advised with private property owners the City typically would not request signage unlike with multi-family rental housing. In response to Councilmember Balch, Assistant City Attorney Seto agreed it feel awkward having neighbors recording video of their neighbors smoking but acknowledged this is the most common source of complaints received. She clarified if the smoker is visible from a public place it is not spying. Interim City Manager Dolan clarified it may be uncomfortable to have residents videotaping their neighbors but the purpose of the ordinance is being violated in these instances. He noted the ordinance is hard for the City alone to enforce. Mayor Brown stated the first step should be to knock on your neighbor's door and initiate a conversation instead of videotaping them or calling the PPD. Councilmember Balch agreed. Councilmember Testa noted Mr. Cummings offered on behalf of Alameda County to help manage the complaint process while treating it as an educational opportunity. She stated she would like to hear more about this method of accomplishing the City's goals with a softer hand. She stated the City Council has repeatedly heard calls of concern over second-hand smoke from townhouses, particularly during the pandemic, calling for a full smoking ban. She expressed appreciation for public comments about walls not stopping smoke. She stated it is a real concern hurting a lot of community members. Councilmember Testa moved to approve staff's recommendation with the additional language to include inside units, and also adding the requirement of a designated smoking area. In response to Councilmember Testa, Assistant City Attorney Seto confirmed in the rental-unit ordinance the managers have the option to designate a smoking area because many complexes are entirely non-smoking. She noted the ordinance does specify a designated smoking area has to be 25 City Council Minutes Page 8 of 18 December 7, 2021