CCMIN 12212021 - Laserfiche WebLink

Director Clark also advised there are very limited cases where the City can amend the State's building code and must be based upon issues like topography, climate, and other local conditions. She explained there would be no basis for the City to require a higher standard. Councilmember Arkin reported she pulled the item because she received public comments asking for the matter to be heard again. She clarified she voted in favor of the staff recommendation at the last meeting because there was insufficient support to go further and though it was not ideal it was a step in the right direction. She has heard from many medical experts uniformly stating second-hand smoke is hazardous. She noted non-smokers also have property rights and should not be forced to inhale pollution. In response to Councilmember Arkin, Ms. Seto confirmed if there was a modification to the ordinance it would return to the City Council for another second reading and adoption. A majority would have to support a motion to amend the ordinance. Councilmember Arkin moved to direct staff to return to City Council with an ordinance banning in-unit smoking in multi-family ownership units of three or more by adding the attachment presented by staff at the last meeting. Councilmember Testa seconded the motion. MOTION: It was m/s by Arkin/Testa to direct staff to return to Council with an ordinance including Attachment 2 from the December 7, 2021, Council meeting banning in-unit smoking. Motion failed by the following vote: Ayes: Councilmembers Arkin, Testa Noes: Councilmembers Balch, Narum, Mayor Brown Absent: None Councilmember Balch moved to approve the second reading of the ordinance as outlined in the staff report. Councilmember Narum seconded the motion. In response to Councilmember Narum, Ms. Seto confirmed nothing in the ordinance is out of compliance with any laws and it is within the PPD's power to regulate health and safety. She also clarified, even if there are shared heating, ventilation, and air conditioning (HVAC) systems in an apartment, individual units can control it within the unit. In response to Mayor Brown, Ms. Seto confirmed there is potential that HVAC is shared between units in older apartment buildings but could not provide the history of these regulations back to the 1960s. In response to Councilmember Narum, Ms. Seto stated, in consultation with PPD and Code Enforcement staff, the challenge is in the time for the City to respond to a complaint as opposed to an apartment where the landlord is on-site. This led to the recommendation for a smoking ban for common areas and outdoor private areas where the act of smoking is more likely to be seen. She advised apartment property managers can more easily respond and bring enforcement based upon the lease terms, making it more effective for them to be the first arm of enforcement. In response to Councilmember Arkin, Ms. Seto confirmed the response by PPD would be the same for a complaint but due to on-site managers for rental units, there is an ability to enforce privately. Mayor Brown stated second-hand smoke is not healthy. She reported she is not ready to mandate what happens inside somebody's owned unit, whether single-family or multi-family. She encouraged residents who live in these units to respect their neighbors in common areas and on decks. MOTION: It was m/s by Balch/Narum to approve the ordinance as written. Motion passed by the following vote: City Council Minutes Page 6 of 18 December 21, 2021