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Mary Gwin stated that she has lived in the same house in Pleasanton for the past 20 years. She indicated that she was not aware of the wood smoke issue until her neighbor started burning wood from early morning to late at night, even in 72 degrees temperature. She noted that acrid smoke emanated from the wood burning and that the smoke seeped into her house through her closed windows. She stated that this has affected her health and that she has had to take medication and prescription nasal spray. She indicated that she called the BAAQMD office, and she was told that Pleasanton does not have an ordinance covering wood burning and that this is a private nuisance that would be governed by Pleasanton's municipal Code. She noted that this is an issue which the City should address as the City is responsible for providing a certain quality of life for its residents. She stated that she recognizes Pleasanton as the City of Planned Progress, adding that the Go Green initiative and the recycling initiative in schools started in Pleasanton. She noted that Pleasanton has been proactive in many areas and tries to create nice place to raise families and live even after the family is raised. She added that technology exists today such that there is no need to be breathing smoke like this. She noted that residents can have a fire but should minimize the pollutants with EPA-approved fireplaces. Kenneth Gwin thanked staff for presenting this Element. He stated that he just recently became aware of this problem in his neighborhood but noted that over the past four or five years, there has been an increase in wood burning. He noted that as the price of fuel increase, there would be more of this. He indicated that Pleasanton should get ahead of this issue and make sure that the PMC addresses this problem. He stated that the air residents breathe and their quality of life have been tainted by wood burning, especially during the winter months. He noted that there is nothing he could do to make someone else aware on legal level that this is going on, and BAAQMD indicated that this is a local problem. He noted that a neighbor burning pine in his backyard for 14 hours affects his quality of life. He said that the City cannot stop cars in the freeway, but addressing wood burning in the community is simple and the City should go the extra yard and announce to the community that wood burning is a health hazard. He noted that about 38 percent of pollution comes from wood burning, and 37 percent from cars in road and other sources. He urged the Commission to strengthen the ordinance against wood burning and make the City a green community with respect to air. He noted that the City has done a lot in terms of solid waste, recycling, and yard waste; it should also consider implementing something to give residents a healthy air environment and improve its quality of life. THE PUBLIC HEARING WAS CLOSED. Commissioner O'Connor inquired whether a resident would be able to file a nuisance complaint with the City if his neighbor burned wood for 12 to 14 hours, even if the City does not have an ordinance regulating wood burning fireplaces and outside burning. Ms. Harryman replied that a neighbor can take a private nuisance action against another neighbor in Small Claims Court or on a higher level. She added that the City cannot take Code enforcement action because it does not have anything in the Code that addresses that. PLANNING COMMISSION MINUTES, February 20, 2008 Page 5 of 18