Loading...
HomeMy WebLinkAbout7.1 Multifam Smoke Free Taskfrce~~ , ~~~;~ \~/~ CITY CLERK File # ^~~0-~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 7, 2008 SUBJECT: ATTACHMENTS: RECOMMENDATION: FINANCIAL STATEMENT: Smoke-free Multifamily Dwelling Taskforce Recommendations Report Prepared by Roger Bradley, Administrative Analyst 1) Acceptable Lease Addendum -California Apartment Association's Form 34.0, Revised 1/07. 1) Review the recommendations from the Smoke-free Multifamily Dwelling Taskforce and Housing Committee; 2) Provide Staff with direction on any items to include in a Draft Ordinance; and 3) Direct Staff to prepare a Draft Ordinance for Council's future consideration. None DESCRIPTION: At the July 15, 2008 City Council Meeting, the City Council confirmed the appointments of the members of a taskforce that was to study the creation of nonsmoking areas at the City's apartment rental housing locations. Taskforce meetings began on August 5, 2008 and concluded on September 3, 2008. The City Council requested that six objectives be accomplished as part of the Taskforce's proceedings, all of which were completed and include the following: • Present recommendation on an appropriate definition of multifamily unit for prohibition application; i.e., two or more units, five or more units, ten or more units, or as appropriate. • Present recommended requirements for apartment complexes to disclose to prospective tenants the number and location of any smoke-free units within a complex, location of any smoking areas, and any procedures for addressing smoking-related complaints. • Present recommendations on the prohibition of smoking in outdoor common areas of multifamily dwellings and the creation of outdoor areas in which smoking would be allowed. Common outdoor areas may include recreation facilities (e.g., basketball courts and swimming pools), common outdoor space (e.g., courtyards and paths), and/or parking areas. • Present recommendations on any buffer zones around smoke-free multifamily units. ------------------------------------------------------------------------------------------------------------- COPY TO: Page 1 of 4 ITEM NO. G:\Renuka\Staff Reports\as-taskforce report.doc V n ' • Present recommendations on the percentage of units in new and existing multi-family rental residences that would be designated as smoke-free. • Present recommendations on the process for incorporating smoke-free units that currently are occupied by a smoker; i.e., whether they are to be phased in as smoke-free over a specific period of time, converted when the legal occupant vacates the unit, or some other protocol. As part of the direction from Council, Staff was to present the Taskforce's recommendations to the Housing Committee to receive feedback on the recommendations proposed before returning to Council. Staff presented the Taskforce recommendations to the Housing Committee on September 18, 2008. The Taskforce recommendations and Housing Committee recommendations are listed below. Where there was deviation between the Taskforce and the Housing Committee, the change in verbiage is underlined. RECOMMENDATIONS Objective 1 Present recommendation on an appropriate definition of multifamily unit for prohibition application; i.e., two or more units, five or more units, ten or more units, or as appropriate. Taskforce Recommendation A premises that contains 16 or more multifamily dwelling rental units. For mixed use developments, the number of commercial units is not to be included in the count. Housing Committee Recommendation Approved without change. Objective 2 Present recommended requirements for apartment complexes to disclose to prospective tenants the number and location of any smoke-free units within a complex, location of any smoking areas, and any procedures for addressing smoking-related complaints. Taskforce Recommendation Multi-family complexes must disclose to prospective tenants the number and location of any smokin units within a complex, the location of smoking areas, if any, and their procedures for addressing smoking-related complaints. Housing Committee Recommendation (deviations are underlined) Multi-family complexes must disclose to prospective tenants the number and location of any smoking and nonsmoking units within a complex, the location of smoking areas, if any, and their procedures for addressing smoking-related complaints. Objective 3 Present recommendations on the prohibition of smoking in outdoor common areas of multifamily dwellings and the creation of outdoor areas in which smoking would be allowed. Common outdoor areas may include recreation facilities (e.g., basketball courts and swimming pools), common outdoor space (e.g., courtyards and paths), and/or parking areas. Page 2 of 4 Taskforce Recommendation All recreation areas including, but not limited to, sports courts, pools and picnic areas; and common outdoor areas such as courtyards, pathways, and all parking areas shall have smoking prohibited. A smoking area may be designated and shall occupy no more than 25% of the total property area. If a suitable space cannot be determined, an exemption may be sought at the discretion of the City Manager. At least one sign is required at each designated smoking area, and one sign elsewhere in the development. Perimeters of designated smoking areas must be clearly marked. Housing_Committee Recommendation Approved without change. Objective 4 Present recommendations on any buffer zones around smoke-free multifamily units. Taskforce Recommendation A reasonable smoking distance of 20 feet away shall apply. Nonsmoking units shall be grouped in a contiguous manner (vertically and horizontally) to the maximum extent practicable. Housing Committee Recommendation (deviations are underlined A reasonable smoking distance of 20 feet away from any entrance, exit, operable window, vent, or other opening of a nonsmokin unit shall apply. Nonsmoking units shall be grouped in a contiguous manner (vertically and horizontally) to the maximum extent practicable. Objective S Present recommendations on the percentage of units in new and existing multi-family rental residences that would be designated as smoke-free. Taskforce Recommendation Fifty percent (50%) of all units will be non-smoking within 24 months of the effective date of this ordinance. Seventy percent (70%) of all units will be non-smoking within 48 months of the effective date of this ordinance, subject to the City Council revisiting this item at 24 months. Annual reports from affected landlords covering compliance, feasibility, and the effects of the transition shall be submitted to the City. Nothing in this ordinance shall prevent a complex from setting higher percentages, earlier timeframes, or larger non-smoking areas. Housing Committee Recommendation (deviations are underlined) Fifty percent (50%) of all units will be non-smoking within 24 months of the effective date of this ordinance. Seventy percent (70%) of all units will be non-smoking within 48 months of the effective date of this ordinance, subject to the City Council revisiting this item at 24 months. The City Council will review the necessity of continuing the requirement to submit annual reports to the City at 24 and 48 months. Annual reports from affected landlords covering compliance, feasibility, and the effects of the transition shall be submitted to the City. Nothing in this ordinance shall prevent a complex from setting higher percentages, earlier timeframes, or larger non-smoking areas. Page 3 of 4 Objective 6 Present recommendations on the process for incorporating smoke-free units that currently are occupied by a smoker; i.e., whether they are to be phased in as smoke-free over a specific period of time, converted when the legal occupant vacates the unit, or some other protocol. Taskforce Recommendation Fifty percent (50%) of all units will be non-smoking within 24 months of the effective date of this ordinance. Seventy percent 70% of all units will be non-smoking within 48 months of the effective date of this ordinance, subject to the City Council revisiting this item at 24 months. Multifamily complexes will have 90 days from the effective date of the ordinance to notify all tenants about the transition. Within 24 months, all lease terms shall be transitioned to include the nonsmoking areas as designated and must include a clause indicating the areas in which smoking is prohibited, a clause indicating that a violation of the nonsmoking rules as indicated shall be construed as a material breach of the Rental/Lease Agreement, and a statement that other residents within the complex are third party beneficiaries of the agreement. The California Apartment Association's form 34.0, revised 1/07 (Attachment 1), meets the requirements for lease terms as outlined and is an option for use by the management of multifamily dwellings. City Staff should be proactive in administering the ordinance; i.e., presenting information to individuals and complexes, analyzing its demographic impact, and monitoring the feasibility of the ordinance's implementation. Housing Committee Recommendation (deviations are underlined) Fifty percent (50%) of all units will be non-smoking within 24 months of the effective date of this ordinance. Seventy percent 70% of all units will be non-smoking within 48 months of the effective date of this ordinance, subject to the City Council revisiting this item at 24 months. Multifamily complexes will have 90 days from the effective date of the ordinance to notify all tenants about the transition. Within 24 months of the effective date of the ordinance, all lease terms shall be transitioned to include the nonsmoking areas as designated and must include a clause indicating the areas in which smoking is prohibited, a clause indicating that a violation of the nonsmoking rules as indicated shall be construed as a material breach of the Rental/Lease Agreement, and a statement that other residents within the complex are third party beneficiaries of the agreement but that any lawsuit between residents re arding this ordinance shall not create a presumption that the owner/went has breached this ordinance. The California Apartment Association's form 34.0, revised 1/07 (Attachment 1), meets the requirements for lease terms as outlined and is an option for use by the management of multifamily dwellings. City Staff should be proactive in administering the ordinance; i.e., presenting information to individuals and complexes, analyzing its demographic impact, and monitoring the feasibility of the ordinance's implementation. RECOMMENDATION: Staff recommends that the City Council review the recommendations from the Smoke-free Multifamily Dwelling Taskforce and Housing Committee, provide Staff with direction on any items to include in a Draft Ordinance, and direct Staff to prepare a Draft Ordinance for Council's future consideration. Page 4 of 4 TOBACCO SMOKE-FREE AREAS ADDENDUM This document is an Addendum and is part of the Rental/Lease Agreement, dated [~j7i Page of Agreement between (Owner/Agent) and (Resident) for the premises located at (Street Address) (C~tY) ,Unit # (if applicable) ,CA (ZiP) 1. Purpose: The parties desire to mitigate (i) the irritation and known health effects of secondhand smoke; (ii) the increased maintenance, cleaning, and redecorating costs from smoking; (iii) the increased risk of fire from smoking; and (iv) the high costs of fire insurance for properties where smoking is permitted. 2. Smoke Free Areas: Resident agrees and acknowledges that each of the following areas of the property has been designated as a smoke-free living environment and Resident and members of Resident's household shall not smoke tobacco products in these areas, nor shall Resident permit any guest or visitor under the control of Resident to do so. Check one: O Smoking of tobacco products is prohibited on the entire property, including individual units, common areas, every building and adjoining grounds. O Smoking of tobacco products is prohibited on the entire property except the following areas: 3. Promotion of No-Smoking Policy: Resident shall inform his or her guest of the Smoke-Free Areas. Resident shall promptly notify Owner/Agent in writing of any incident where tobacco smoke is migrating into Resident's unit from sources outside of Resident's Unit. 4. Owner/Agent Not Guarantor of Smoke-Free Environment: Resident acknowledges that Owner/Agent's adoption of Smoke-Free Areas, does not make the Owner/Agent the guarantor of the Resident's health or of the smoke-free condition of the areas listed in Section 3 above. However, Owner/Agent shall take reasonable steps to enforce this addendum. Owner/ Agent shall not be required to take steps in response to smoking unless Owner/Agent has actual knowledge or has been provided written notice. 5. Other Residents Are Third Party Beneficiaries of this Addendum: Owner/Agent and Resident agree that the other Residents of the property are the third party beneficiaries of this Addendum. A Resident may sue another Resident to enforce this Addendum but does not have the right to evict another Resident. Any lawsuit between Residents regarding this Addendum shall not create a presumption that the Owner/Agent has breached this Addendum. 6. Effect of Breach: A breach of this Addendum by the Resident shall be deemed a material breach of the Rental/Lease Agreement and grounds for immediate termination of the Rental/Lease Agreement by the Owner/Agent. Disclaimer: Resident acknowledges that this Addendum and Owner/Agent's efforts to designate Smoke-Free Areas do not in any way change the standard of care that the Owner/Agent would have to any Resident household to render buildings and premises designated as smoke free any safer, more habitable, or improved in terms of air quality that any other rental premises. Owner/Agent specifically disclaims any implied or express warranties that the building common areas or Resident's premises will have any higher or improved air quality standards than any other rental property. Owner/Agent cannot and does not warrant or promise that the Rental Premises or any other portion of the property including common areas will be free from secondhand smoke. Resident acknowledges that Owner/Agent's ability to police, monitor or enforce this Addendum is dependent in significant part on voluntary compliance by Resident and Resident's guests. California Apartment Association Approved Form www. caanet. org e ~ Form 34.0 -Revised 1/07 - ©2007 -All Rights Reserved Page 1 of 2 Attachment 1 Mwwiww ~~= 7 -©~ ~~ I - ~ ~ 2 ~/ 8. Effect on Current Tenants: Resident acknowledges that current Residents of the rental community under a prior Rental/Lease Agreement will not be immediately subject to the terms of this Addendum. As Residents move out, or enter into new Rental/Lease Agreements, this Addendum will become effective for their unit or new agreement. The undersigned Resident(s) acknowledge(s) having read and understood the foregoing. Date Date Resident Resident Date Resident Date Owner/Agent Date Resident California Apartment Association Approved Form ~~ . ~ .. ~ ~ ~ ~ www.caanet.org Form 34.0 -Revised 1/07 - ©2007 -All Rights Reserved " ~ ~ ~' ' Page 2 of 2