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HomeMy WebLinkAbout4.05 Smoking Pollution ControlQ f� 19--82 STAFF REPORT CITY CLERK DUBLIN CITY COUNCIL File # 1151URj_® C�%] 04LIFOR��� DATE: July 19, 2011 TO: Honorable Mayor and City Councilmembers FROM: Joni L. Pattillo, City Manager SUBJE Adoption of Ordinance Amending Dublin Municipal Code Chapter 5.56 (Smoking Pollution Control) Prepared By: Roger Bradley, Senior Administrative Analyst EXECUTIVE SUMMARY: The City Council will consider adopting an ordinance amending the Smoking Pollution Control Ordinance to increase the requirement on the percentage of apartment residences that must be designated as non-smoking units from 50% to 75%, which would be accomplished on or before January 1, 2013. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council waive the reading and ADOPT the Ordinance Amending Chapter 5.56 of the Dublin Municipal Code relating to Smoking Pollution Control. Submitte By Senior Administrative Analyst Assistant CiWanager f&- Page 1 of 2 ITEM NO. - rol DESCRIPTION: At the City Council meeting on February 15, 2011, the City Council directed Staff to prepare an ordinance, for the City Council's consideration, that would augment the City's Smoking Pollution Control Ordinance by increasing the required number of designated non-smoking units at apartment rental housing complexes within the City of Dublin from 50% to 75%. Two copies of the proposed ordinance are attached. Attachment 2 shows the changes proposed to Chapter 5.56 with the changes tracked, and Attachment 3 is a clean version provided for adoption. CITY COUNCIL ACTION: On June 21, 2011, the City Council heard a presentation from Staff (Attachment 1) and conducted a public hearing on the proposed ordinance. At that meeting, the City Council waived the reading and introduced the ordinance (Attachment 2). NOTICING REQUIREMENTS/PUBLIC OUTREACH: All Dublin multi-family complexes have received an individual notice, as a courtesy, about the proposed ordinance. If the City Council were .to adopt the ordinance as proposed, landlords would have to notify their tenants about the ordinance on or before December 3, 2011. ATTACHMENTS: 1. City Council Staff Report dated June 21, 2011. 2. Ordinance amending Chapter 5.56 of the Dublin Municipal Code. Page 2 of 2 ,~ G~~ pP DpB~y ~ 19' ..-~~'~ STAFF REPORT CITY CLERK `~~-~~// ~ - `~~L~~sl DUBLIN CITY COUNCIL F11e #^0~~ 0~ DATE: June 21, 2011 ~ ~~Y TO: Honorable Mayor and City Councilmembers FROM: Joni L. Pattillo, City Manager SUBJECT: Public Hearing: Amendment of Dublin Municipal Code Chapter 5.56 (Smoking Pollution Control) Prepared By: Roger Bradley, Senior Administrative Analyst EXECUTIVE SUMMARY: The City Council will consider amending the Smoking Pollution Control Ordinance to increase the requirement on the percentage of apartment residences that must be designated as non- smoking units from 50% to 75%, wliich would be accomplished on or before January 1, 2013. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open public hearing; 3) Receive public testimony; 4) Close public hearing and deliberate; and 5) Waive the reading and INTRODUCE the Ordinance Amending Chapter 5.56 of the Dublin Municipal Code relating to Smoking Pollution Control. .i Submitted Senior Administrative Analyst Assistant ~-fi~-~ ~- ~- ~~~ I~ ~ I 1 ,- ~:~Attachment 1 Page 1 of 3 , _ . DESCRIPTION: a~ ~~ At the City Council meeting on February 15, 2011, Staff presented an update on compliance with the City's requirement for apartment housing complexes to designate 50% of their units as non-smoking. At that time, the City's apartment housing stock consisted of 2,879 units (69%) that were non-smoking. This high percentage was aided by a number of large complexes that had chosen to become all non-smoking properties. Specially, five properties (Evan Alan, Fairway Ranch, Groves Senior Housing, Waterford, and Wicklow Square) had chosen to be non-smoking locations~ and Camellia Place is close to their number at 9Q%. Minutes from this meeting are included as Attachment 1. . At the February 15th meeting, Staff was directed to prepare an ordinance, for the City Council's consideration, that would augment the City's Smoking Pollution Control Ordinance by increasing the required number of designated non- smoking units at apartment rental housing complexes within the City of Dublin from 50% to 75%. Two copies of the proposed ordinance are attached. Attachment 2 shows the changes proposed to Chapter 5.56 with the changes tracked, and Attachment 3 is a clean version provided for adoption. Amendment Proposal The proposed ordinance requires that apartment complexes with 16 or more for rent apartment units raise the number of designated nonsmoking units from 50% to 75% by January 1, 2013. It also delineates the process that property managers will need to follow to designate the units in a timely manner and notify their residents. Specifically, property managers will have until January 31, 2012 to decide which units will be designated as non-smoking and to notify their residents of their decision. This will allow one year between the point of notification and actual transition to greater numbers of nonsmoking units. In addition, Staff revised some of the language within the ordinance to provide greater clarity for the ordinance's application. Finally, -at the request of the Rental Housing Owners Association, Staff and the City Attorney's Office have reviewed, and are recommending for reference within the ordinance, the California Apartment Association's recently revised model lease addendum (Attachment 4). The lease addendum is referenced within the ordinance to provide property managers with an option for use to fulfill the requirements for lease addendums outlined within the ordinance. The revised lease addendum changes the wording "smake-free areas" within the addendum to "non- smoking areas." It also changes the capitalization of the word resident within a few locations to delineate that the term "resident" is used in the general sense and not referring to any specific person. In total, Staff believes that the revisions are appropriate and still meet the requirements for lease addendums established within the ordinance. Enforcemer~t of Proposed Ordinance Dublin Police Services is responsible for enforcing the provisions of the Smoking Pollution Control Ordinance. Typically, enforcement occurs when the City receives notice that a specific violation or repeat violation has occurred. Fines may be given when necessary, particularly for repeat offenses. A fine not exceeding $100 may be issued for any sing{e violation within a given year, followed by a fine of $200 for a second violation, and a fine of $500 for all subsequent violations within the same year. Violations of the proposed ordinance would be considered a breach of the contract with the landlord and grounds for terminating tenancy. Finally, Staff is proposing to include new language within the enforcement section of the ordinance that clarifies that the City will not be compelled by anyone to enforce the regulations contained within the Smoking Pollution Control Ordinance. Recently, Staff has received some Page 2 of 3 ~ ~~~ complaints from a few apartment residents within the community, who were upset that their particular units had not been chosen as a non-smoking unit. For each specific case, the apartment complexes in question appeared to Staff to be in compliance with the City's ordinance. One of the residents in question indicated a desire to seek legal representation to compel the City to action to enforce the provisions within the ordinance. While the City would have minimal liability with or without the proposed additional language within the ordinance, Staff and the City Attorney.'s Office agree that it would be good clarification of City policy to include such language within the ordinance for the community to see and clarify to residents that the City reserves the right to enforce the ordinance and deem compliance with it according to its own interpretation. NOTICING REQUIREMENTS/PUBLIC OUTREACH: All Dublin multi-family complexes have received an individual notice, as a courtesy, about the proposed ordinance and information about this public hearing. In addition, a courtesy announcement appeared in the Valley Times on Saturday, May 28, 2011 to inform the community of the City Council's consideration of the proposed Ordinance on June 7, 2011. At the City Council meeting on June 7, 2011, the City Council elected to continue this item to the June 21, 2011 City Council meeting. If the City Council were to adopt the ordinance as proposed, landlords would have to notify their tenants about the ordinance on or before December 3, 2011. ATTACHMENTS: 1. Minutes from the February 15, 2011 City Council Meeting. ' ~ 2. Ordinance amending Chapter 5.56 of the Dublin Municipal Code with changes tracked. . 3. Ordinance amending Chapter 5.56 of the Dublin Municipal Code. 4. California Apartment Associations Revised Lease Addendum. Page 3 of 3 i: a °. ~~ ~ ~ -` ~ ~ MINUTES OF THE CTTY COUNCIL OF THE CTTY OF DUBLIN REGULAR MEETING - Februarv 15, 2011 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: THREAT TO PUBLIC SERVICES OR FACILIT(ES Consultation with: Dublin Police Chief McCarthy ~._ A regular meeting of the Dublin City Council was held on Tuesday, February 15, 2011, in the City Council Chambers of the Dubfin Civic Center. The meeting was called to order at 7:06:27 PM , by Mayor Sbranti. . .-._~- ROLL CALL PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti ABSENT: ~ ~°i~---- PLEDGE OF ALLEGIANCE ~ The pledge of allegiance to the flag was recited by the City Council, Staff and those present. ~ REPQRT ON CLOSED SESSION ACTION Mayor Sbranti stated this evening the City Council met with the Chief of Police in closed session to discuss security measures during public meetings in the Council Chambers. The City scheduled the closed session in response to the shooting in Tucson, Arizona in which Congressional Representative Gabrielle Giffords was the target and other similar violent incidents at public meetings, such as a December 2010 incident at a School Board meeting in Panama City, Florida and a February 2008 incident at a City Council meeting in a suburb of St. Louis, Missouri. The safety and security of the public, Staff and Councilmembers participating in City Council meetings is of the utmost importance. . DUBLIN CITY COUNCIL MINUTES '~~ - -~ ~ VOLUME 30 . ~ ~ REGULAR MEETING ~ - - FEBRUARY 15, 2011 ' - , ~ ., - ~ ~ c~ ~ ~ .__.~,.. - -_ . ORAL COMMUNICATIONS Certificate of Recoanition for the Dublin Stealth Soccer Team 7:07:55 PM 3.1 (610-50) The City Council presented a Certficate of Recognition to the Dublin Stealth Soccer Team for recent championship wins and recognized the team coach and players in attendance. ,~~._ Commemoration of Rotarv's Foundina on Februarv 23, 1905 7:15:07 PM 3.2 (610-50) The City of Dublin presented a proclamation to the Rotary Club commemorating the Rotary's founding on February 23, 1905. ~~y._ Public Comments 7:23:45 PM 3.3 Ellie Lange stated she was a co-owner and property manager of several pieces of commercial properties in Dublin. The City had sent out notices of violation of the 25% window sign ordinance to which she responded to the City with a letter of concem. She had been told by Staff the ordinance had been adopted in 1997. She now understood; from Staff, that it was actually a 1968 County ordinance that that transferred to the City when Dublin was incorporated. She had not known about the ordinance. The ordinance had never been enforced. The referenced signage had never been a problem in the City. The timing of enforcement raised several questions. Was this a problem now or was it more of a knee jerk reaction to one complaint? Was there truly an issue about signage in the community? ~ Could the City enforce it now when small businesses were doing everything they could to try to survive? She believed the 25% rule to be arbitrary. It appeared to be subjective. She asked the City Council to reconsider its decision. . Vm. Hart asked if this item could be agendized for discussion. City Manager Pattillo stated Staff had addressed the Lange's letter. Also, there had been 92 violations. One business owner had not been targeted. It was an issue that was enforced through complaint. DUBLIN CITY COUNCIL MINUTES 2 ~ VOLUME 30 ~ REGULAR MEETING . FEBRUARY 15, 2071 "~~~,~ . ~ ~ . r 'A ~ ~: ~ ~ Vm. Hart stated it was of value for the Gity Council to have an open discussion about this issue. Cm. Hildenbrand stated the issue had been a part of the sign ordinance that had recently been reviewed by the City Counci{. Was Vm. Hart asking to re-review the ordinance? Vm. Hart stated no. Ms. Lange had stated that it had not been reviewed and was a carry over from the County. That~ was a question he had. Secondly, if it had not been reviewed, it was of value for the City Council to at least have a discussion in reference to this specific ordinance. City Attorney Bakker stated that Staff would be reviewing this ordinance next fiscal year if there was funding. Vm. Hart stated he would like this to come back to the City Council for discussion saoner rather than later. ~ City Manager Pattillo stated that the Chamber of Commerce, as well as businesses, had been involved in this discussion. She asked if the City Council wanted this item back for discussion. Vm. Hart stated the current City Council needed to provide feedback and discussion to Staff. Mayor Sbranti asked that the history of the ordinance come back for discussion. City Manager Pattillo stated the direction would have to be part of the discussion. Vm. Hart stated it was of value to the City's business community that there be an open dialogue. It might not necessarily change. City Manager Pattillo clarified that this issue was only regarding the 25% of coverage sign ordinance. The City Council concurred. Michael Gasior, Dublin resident, stated he was the owner of Soccer Pro. This issue was also a concern for him as a small bus'iness owner. Signage did help identify location. The signage for which he received a violation notice did allow anyone to view in and out of the window. The economy was getting worse and he would like the City to help the businesses. Nahid Arih, Afghan Community Outreach Coordinator for the Office of Alameda County District Attorney, stated she was an Afghan American working to organize a community center in Dublin which could assist to build a stronger relationship with joint efforts for building safe environments and productive communities. Sohaila Hashimi, Dublin resident and business owner, stated there was a growth of Afghan families in the area. She supported the effort to build an Afghan community center in the area. DUBLIN CITY COUNCIL MINUTES 3 ~ ~ VOLUME 30 rw ~ REGULAR MEETING ~~~~i~ FEBRUARY 15, 2011 ` ~ ~~ - ,___ 1 S <~j ,3~ ~' Tim Smith, owner of Accurate Impressions, stated he was here to support the two other business owners who spoke earlier regarding the sign issue. . ,.__,~.~ CONSENT CALENDAR 7:45:03 PM Items 4.1 through 4.7 On motion of Cm. Hildenbrand, seconded by .Cm. Biddle and by unanimous vote, the City Council took the following actions: . ~ Approved (4.1) Minutes of February 1, 2011; Adopted (4.2 540-50) RESOLUTION NO. 12 -11 DECLARING WEEDS AND COMBUSTIBLE REFUSE A PUBLIC NUISANCE AND ORDERING ~ ~ ~ THE ABATEMENT THEREOF Adopted (4.3 420-30) . ORDINANCE NO. 1 -11 APPROVING ZONING ORDINANCE AMENDMENTS TO CREATE A NEW CHAPTER: 8.30 (DOWNTOWN DUBLIN ZONING DISTRICT), REZONE ALL PROPERTIES WITHIN THE DOWNTOWN DUBLIN SPECIFIC PLAN PROJECT AREA TO TNE DOWNTOWN DUBLIN ZONING DISTRICT, AMEND THE ZONING MAP TO IDENTIFY THE LOCATION OF THE~ NEW ZONING DISTRICT AMEND ZONING ORDINANCE CHAPTER 8.12 (ZONING DISTRICTS AND PERMITTED USES), AND AMEND CHAPTER 8.104 (SITE DEVELOPMENT REVIEVIn PA 07- 036 Adopted (4.4 820-30) RESOLUTION NO. 13-11 DIRECTING PREPARATION OF ANNUAL ENGINEER'S REPORT FOR CITYWIDE STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1 DUBLlN CITY COUNCIL MINUTES 4 VOLUME 30 _ ~ REGUUR MEETING 19,~~~~~ FEBRUARY 15, 2011 ~ ~ a r \ ~ ~ r~„~ 3~ ~ RESOLUTION N0.14 -11 DIRECTING PREPARATION OF ANNUAL ENGINEER'S REPORT FOR LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2 (STAGECOACH ROAD AREA) RESOLUTION NO. 15 -11 DIRECTING PREPARATI~N OF ANNUAL ENGiNEER'S REPORT FOR LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 8fr1 (VILLAGES AT WILLOW CREEK) RESOLUTtON NO. 16 -,11 DIRECTING PREPARATION OF ANNUAL ENGINEER'S REPORT FOR. LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA) RESOLUTION NQ.17 -11 DIRECTING PREPARATION OF ANNUAL ENGINEER'S REPORT FOR STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 (DUBLIN RANCH AND TRACT 7067) Approved (4.5 600-35) the Budget Change; accepted the improvements under Contract No. 08- 18; and approved the release of retention after 35 days if there were no subcontractor claims. Adopted (4.6 350-20) RESOLUTION N0.18 =11 AUTHORIZING STAFF TO PROCURE TWO POLICE VEHICLES FROM LIVERMORE AUTO GROUP AND TO DISPOSE OF VEHICLES REPLACED USING PUBLIC AUCTION SERVICES Approved (4.7 300-40) Check Issuance Reports and Electronic Funds Transfers. ~` . WRITTEN COMMUNICATIONS - None .~- DUBLIN CITY COUNCIL MINUTES ~ 5 VOLUME 30 0~ ~ REGULAR MEETING ~ ~ ~ ~n FEBRUARY 15, 2011 ``~~~~ .~ ~ ' J~Z ~ PUBLIC HEARINGS The Promenade Development Agreement between the Citv of Dublin and James Tona and Mei Fonq Tonq 7:46:43 PM 6.1 (600-60) Mayor Sbranti opened the public hearing. Planning Consultant Mike Porto presented the Staff Report and advised that the City Council would consider a Development Agreement (DA) for the 23.46-acre area along both sides of the proposed extension of Grafton Street between Central Parkway and Dublin Boulevard known as the Promenade (Village Center) within Area G of Dublin Ranch. The Devefopment Agreement was prepared in accordance with the requirements of the Eastern Dublin Specific Plan and would also vest the Site Development Review (SDR) and Conditional Use Permit (CUP) approvals for the Club Sport, Mercantile building and garage for the life of the Development Agreement Vm. Hart asked for clarification if this was the last piece of the~puzzle to be able to move forward and break ground. . . Mr. Porto stated that was correct. There was the need for the building permit. Mayor Sbranti asked about the land use designation for the site immediately north of the neighborhood square. Was this public/semi-public with an overlaying for residential? . Did this DA change anything relative to that specific piece of land? Mr. Porto stated it would revert to a medium-density land use designation; possibly medium/high. Mayor Sbranti asked if this DA covered that. City Attomey Bakker stated it did not happen automatically. There was language in the Zoning Ordinance for that particular property that indicated ~ after a ten year period the semi-public designation would possibly become something else. Staff s interpretation was that the applicant would have to come back to request the change. Mayor Sbranti asked if he needed to recuse himself for this item because he lived immediately adjacent to the site. City Attorney Bakker stated Mayor Sbranti did need to recuse himself from the item and the Chambers, not because his property was within 500 feet of the site, but because the common area associated with the property was within 500 feet. DUBLIN CITY COUNCIL MINUTES 6 VOLUME 30 REGULAR MEETING ~, FEBRUARY 15, 2011 '`~~~~ , t ~ ~~~ Vm. Hart acted as Mayor Pro Tem on this item. Richard Breinlinger, Dublin resident, asked if there would be several buildings in Parcel 4, on tiie map. He tried to read about this project on the website, and the pictures on the website referred to Plot 5. Where was it? Mr. Porto stated Plot 5 was now Parcel 4. ~ The~ applicant had chosen to reconfigure the parcel map. . Mr. Breinlinger asked if the intent was to extend Grafton Street all the way through. Mr. Porto stated yes it was. Mr. Breinlinger asked about a statement in the Staff Report that there was ~no financial impact on Dublin. Would the City get tax revenue on this item? City Manager Pattillo stated that in the Eastern Dublin Specific Plan, development had to pay for itself. ~ Vm. Hart closed the public hearing. : Cm. Swalwell stated he was excited to get the project moving. Cm. Hildenbrand stated this was long overdue. On motion of Cm. Swalwell, seconded by Cm. Hildenbrand and by unanimous vote (Mayor Sbranti_ having recused himselfl, the City Council introduced an Ordinance approving a Development Agreement for Tract 9717 known as The Promenade within Area G of Dublin Ranch between the City of Dublin and James Tong and Mei Fong Tong. ~~ UNFINISHED BUSINESS Smokinq Pollution Control Ordinance Reaort for Apartment Housinq 7:58:49 PM 7.1 (560-90) Senior Administrative Analyst Roger Bradley presented the Staff Report and advised that on December 2, 2008, the Dublin City Council adopted an ordinance that amended Chapter 5.56 of the Dublin Municipal Code, entitled Smoking Pollution Control, which required ~that apartment complexes (with 16 units or more) designate 50°/a of their units as non-smoking by January 1, 2011. ~The City Council would receive a report outlining compliance with the ordinance. In addition, the City Council would consider directing Staff to work on an amendment to the DUBLIN CITY COUNCIL MINUTES 7 ~ VOLUME 30 ~ ~ REGULAR MEETING ~ ~ FEBRUARY 15, 2011 ~~~'~ 1~ ~ ~ ~~ ~3~ ordinance to require that 70% of apartment units be non-smoking by January 1, 2013. The City Council would also consider whether apartment complexes should be required to continue to submit an annual Smoking Pollution Control Ordinance compliance report. . Kathleen Kelly, Dublin ~resident; thanked the City Council for passing this ordinance in 2008. Her complex was now 100% non-smoking. She was asking the City Council to raise the percentage from 70% to 95% ~f apartment units be non-smoking by January 1, 2013. Serena Chen, American Lung Association representative, stated Dublin had always been the leader in trying new things. There we~e four complexes that were eligible for a 10% discount on their insurance because of CIG Insurance offering that discount for those complexes that were 100% non-smoking. Smoke-free housing laws saved money and lives, Vm. Hart asked if 90% of Alameda County residents were non-smoking. Ms. Chen stated yes. Tim May, Rental Housing Association representative, stated the issue of smoking had become very consuming. He had been part of the discussion when this process started. The 70% was part of the strategic process. He saw no problem in meeting the 70%. It was organized and thought out. .He wanted to continue_to work with the City on this issue. Cm. Hildenbrand handed out the State of Tobacco Control report card to the City Council. It showed where the City could be stronger. The City was showing 69%, to increase the percentage to only 70% was very weak. She was suggesting the City go to 85%. Vm. Hart stated he was supportive of the concept. But, if he was a smoker, where was he going to smoke. Mr. Bradley stated 50% of the apartments were currently designated as smoking so they would be able to smoke in their home if their home was not designated as a non-smoking unit or they could go to a designated location on the property, or leave the property. Vm. Hart ~stated he was supportive of the item, but there were two sides to every story. There needed to be a balance. There were still people with a smoking addiction so he wanted to make sure they could help themselves. Cm. Hildenbrand stated there had been several Small Claims Court cases where restraining orders had been won by non-smokers against landlords and smoking neighbors. Having a nuisance ordinance provided one part of their case in court. This was a powertul tool. Taking the percentage higher would ultimately happen. - Vm. Hart stated he appreciated that the courts weighed in on it. If he were a smoker, he still had rights too. There needed to be a balance. DUBLIN CITY COUNCIL MINUTES 8 ~ ~ VOLUME 30 Du REGULAR MEETING ~, ~^ ~ FEBRUARY 15, 2011 `~~~v~ s 1~ 3~.. ~ Cm. Swalwell stated, when he looked at the agreement struck in 2008, it was to be phased up to 70% and the apartment community was put on notice and they planned around that. Was it fair now to blindside them with 85% or anything higher than 70%? He did not feel comfortable to go above the 70%. ~ Cm. Biddle stated he liked the 70% because it was incremental and the City could look at 85% later on. He stated that maybe the City needed to do more emphasis in limiting sale of tobacco products. ~ Cm. Hildenbrand stated that the City Council had voted that down finrice. City Manager Pattillo stated that discussion took place during the Budget discussion. It would have cost $6,000 at that time. It could become part of the work plan. ~ Mayor Sbranti stated he was also supportive of 70%. He liked the process in place in 2008 that brought everyone together. He was pleased to see at the 50% threshold, the City was at 69%. Eleven properties were only at the minimum 11 %. When the City went to 70%, and those 11 properties raised their smoke-free percentages from 50 to 70%, the City should be at close to 80% of units in Dublin designated smoke-free. ~ ~ ~ Cm. Hildenbrand stated if 70% was adopted, then she would like to see it revisited. Vm. Hart stated he could support 75%. The City would need to market and advertise it. . May,or Sbranti stated that the City was already a leader at 70%. He was willing to take a look at 75%. He was not comfortable going higher than that. Cm. Swalwell stated he wanted to honor the agreement at 70% and look at another phased in percentage at a later date. Mayor Sbranti stated the item would come back after January 1, 2013 and there would be annual reports. City Manager Pattillo stated the City Council could add 100% as an eventual goal. Vm. Hart stated there were more people that were non-smokers versus smokers. Seventy-five percent was a good ~compromise. Cm. Biddle stated there needed to be a report next year. This was an ongoing process. Cm. Hildenbrand stated that she would go with 75%. It was a Task Force recommendation that could be adjusted. . DUBLIN CITY COUNCIL MINUTES 9 VOLUME 30 ~~ REGULAR MEETING n ~i ~~ FEBRUARY 15, 2011 `~~~~1 ~ N~ 13 ~~2 Mayor Sbranti stated it was a recommendation but two years ago, they did not know where they were going. Seeing the information, he was willing to go with 75%. Anything higher was a significant change. Assistant City Manager Chris Foss asked for clar~cation that the City Council was speaking of 75% of non-smoking units ~er complex. Mayor Sbranti stated that was correct, 75% of non-smoking units per complex. Mayor Sbranti asked what happened to a smoker if the City reached 100°l0. He was not comfortable in placing the 100% in the ordinance. . Vm. Hart stated he, also, was not comfortable putting 100% in the ordinan~e. By consensus, the City Council directed Staff to prepare a report for an amendment to the Smoking Pollution Control Ordinance to require that 75% of apartment .units be non-smoking by January 1, 2013; and directed Staff to continue the requirement for apartment complexes to submit an annuaf compliance report. . .~~~ Update on the Dublin Farmers' Market and Request for Fundin 8:42:36 PM 7.2 . (470-10) Economic Development Director Linda Maurer presented the Staff Report and advised that the Pacific Coast Farmers Market Association approved the Dublin Farmers' Market for 2011. Staff was requesting approval of a transfer of funds befinreen departments, to capture the Farmers' Market costs within the Economic Deveiopment operating budget. Estimated expenses totaled $34,000 for the 2010-2011 Fiscal Year, to assist in promoting and programming the Farmers' Market. Vm. Hart asked what. the difference was befinreen Sprout's Farmers Market and the City's Farmer's Market. Ms. Maurer stated Sprout's Farmers Market was a grocery store. The Farmers' Market was more of a community based event where peopte could purchase local{y grown produce and other items. Mayor Sbranti asked if this budget included entertainment. Was the City looking at themes? Ms. Maurer stated yes to both. DUBLIN CITY COUNCIL MINUTES ~ 10 VOLUME 30 REGULAR MEETING 19r~~~~ FEBRUARY 15, 2011 `` ~ ~ ° n~ ~. _ ~ ~-3 On motion of Cm. Swalwell, seconded by Vm. Hart and by. unanimous vote, the City Council approved a budget change which transferred appropriated funds to the Economic Development Budget for the Fiscal Year 2011 Dublin Farmers' Market. .-:~- - _ . - Approval of the Dublin Green Plan 8:48:09 PM 7.3 (530-10) ~ Senior Adrninistrative Analyst Roger Bradley presented the Staff Report and advised that the Dublin Green Plan was a plan that was created by the Green Initiatives Taskforce, a community stakeholder group, to provide cecommendations on green or environmental initiatives that the City Council could evaluate for future implementation in City activities. The City Council would consider approving the Dublin Green Plan document. Vm. Hart asked for clarification on Transportation & Land Use Initiative #4's proposed language, "Explore the feasibility of discouraging drive-thru businesses." Mayor Sbranti stated there was a preference for use of the word discourage rather than prohibiting drive-tiiru businesses. . Cm. Biddle asked if the Green Plan would ~be published. Mr. Bradley stated it would be published and put on the City's website. Cm. Hildenbrand asked if the Green Plan could be shared with other local jurisdictions. Vm. Hart stated he did not like the word discouraged in terms of drive-thru businesses. He liked the Green Plan, and stated that the City needed to work harder in developing partnerships with the business community. The City needed to discuss pushing the business community to provide recycling receptacles. ~ Mayor Sbranti asked Mr. Bradley if there had been any gains in businesses increasing recycling. M~. B~adley stated Amador Vatley Industries (AVI) was doing recycling audits. There was a large economic incentive within the City's current contract with AVI to motivate the businesses to recycle. The more businesses could recycle, the more they could save. Cm. Swalwell stated he would also like to see the refe~ence to drive-thru businesses removed from the Plan. DUBLIN CITY COUNCIL MINUTES 11 VOLUME 30 REGULAR MEETING ~r ~ir.r~ ~~- FEBRUARY 15, 2011 '`~~v~ 1 ~ ~ --- ~/'" ') City Manager Pattillo stated there were other legislative enabling documents which related to greenhouse gas. If something was going to be developed, the City had to go through thresholds as far as AB 32. Those concepts were already captured. Vm. Hart stated the City should adopt an ordinance that incrementally provided a guideline for businesses to comply with a certain level of recycling. City Manager Pattillo stated this sounded like a Higher Service Level for the 2011-2012 Budget. Staff could include this for City Council consideration during budget discussions. Vm. Hart asked if AVI had a report regarding businesses and recycling. Mr. Bradley asked for clarification that what Vm. Hart was looking foc was a report on the diversion action that was currently taking place in the business community ~as it related to recycling. Vm. Hart stated that was correct. On motion of Cm. Hart, seconded by Cm. Swalwell and . by unanimous vote, the City Council directed Staff to include Taskforce member comments within the Green Plan; and approved the Dublin Green Plan, with the exception of Item No. 4. . ._ ~.____ Revising and Rea~rming Rules for the Conduct of ~City Council Meetings and Readoption of Resolution Prohibiting City Councilmembers from Engaging in Political Activities at the Civic Center and While Representina the Citv in an Official Capacity 9:10:45 PM 7.4 (610-20) City Attomey John Bakker presented the Staff Report and advised ttiat the City Council would consider readopting, with minor revisions, Resolution No. 25-08, Amendir+g and Restating the Rules of Conduct of Meetings of the City Council and Resolution No. 26-08 Prohibiting Council Members fram Engaging in Political Activities at the Civic Center and While Representing the City in an Official Capacity. Vm. Hart asked if a picture depicting a candidate or a City Councilmember with the background of the Civic Center violated the policy. . Mr. Bakker stated a picture in and of itself did not violate the policy. But the act of posing in front of City Hall for the purpose of placing that picture on political advertising did violate the policy. Cm. Swalwell asked if this applied to City Councilmembers only. DUBLIN CITY COUNCIL MINUTES 12 ~ . ~ VOLUME 30 `.~ REGULAR MEETING 19, ~~,, FEBRUARY 15, 2011 `~~ / r `~ i ~ ~ ~-~~ Mr. Bakker stated this policy only applied to City Councilmembers. A specific decision had been made when this was enacted that it would only apply to City Councilmembers. The City had the ability, under ~State law, to prohibit political activity by everyone at the Civic Center. Vm. Hart asked, if he ran for office in two years, could he not have a picture taken with the emblem of the City in the background because it was considered political activity. Mr. Bakker stated if his intent was to use that picture in his campaign materials, it ~would be political activity. Mr. Hart stated he was confused as to the definition of political activity: Mr. Bakker stated it was a matter of interpretation what, exactly, political activity ~ meant and ultimately, the City Council would decide what political activity meant in context. He had been asked his opinion on the matter, and, in a conservative approach, he would consider that political activity. ~ Vm. Hart asked if the City Council would decide the definition of political activity. Mr. Bakker stated yes. The way the resolution would be enforced would be to censure the City Councilmember based on its definition of political activity. Mr. Swalwell stated if a person had a picture taken in front of the Civic Center, that was not really political activity. If it was a picture taken of more than one person; then it is political activity. Mr. Bakker stated if the City Council wanted to clarify, they could determine that merely taking a picture in #ront of the Civic Center was not politicat activity. The City Council discussed the definition of politica! activity, possible advantages for candidates versus City Councilmembers, and instructed Staff to report back with other cities' poticies and practices, for further discussion. On motion of Cm. Swalwell,. seconded by Vm. Hart and by unanimous vote, the City Council adopted RESOLUTION NO. 19 -11 AMENDING AND RESTATING THE RULES FOR THE CONDUCT OF MEETINGS OF THE CITY COUNCIL (REPLACING RES4LUTION NO. 25--08) ~ ~. .._. :v~ NEW BUSINESS - NONE DUBLIN CITY COUNCIL MINUTES 13 VOLUME 30 ,~~jw REGULAR MEETING ~ ~~~u~ . ~ FEBRUARY 15, 2011 ` ~ ~ ~c~ Ra~° ~ r~ ~- ~ _.~ __ OTHER BUSINESS Brief /NFORMAT/ON ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to meetings attended at City expense (AB 1234) ' 9:30:22 PM City Manager Pattillo stated that Friday, February 18, 2011 would be the City's Volunteer Recognition Event at Shannon Community Center. There would be a Joint City Council - Commission meeting on Saturday, February 26, 2011 at the Library Community Room. Crn. Swalwell~stated the City had a Joint City Council - Dublin Unified School District (DUSD) meeting on Thursday, February 10, 2011. Friday, February 18, 2011 would be the ribbon cutting for the new Dublin BART station. , Cm. Hildenbrand stated that she attended the Joint City Council - DUSD meeting; a Zone 7 Liaison meeting, and a LAVTA Board meeting. She asked that Staff consider an item regarding waiving fees for high efficiency units and systems for residences. City Manager Pattillo asked if this could be brought back as a higher service level for FY 2011- .2012. It would need to be explored. There would be cost implications. ~ Cm. Hildenbrand stated yes. Cm. Biddle stated he attended a Dublin Pride Week meeting, a Black History event at the Senior Center and a Valentine event at the Heritage Center. He also attended a Waste Management Planning meeting, an Alameda County Housing Authority meeting, and an Alameda County Transportation Commission meeting. He stated he had received an invitation to the Fire Fighters 101 session on March 19, 2011. ~ Vm. Hart stated there would be a Tri-Valley City Council meeting on Wednesday, February 16, 2011, and the Employee Recognition would take place this Friday, February 18, 2011. He stated he would attend the BART ribbon cutting ceremony on Friday, February 18, 2011. Mayor Sbranti stated he attended the Dublin Pride Week meeting. Dublin Pride Week would take place May 7-15, 2011. He attended a business visitation at TRIA Beauty, Pleasanton's State of the City address and an East Bay Economic Development Alliance meeting. ~i' DUBLIN CITY COUNCIL MINUTES 14 VOLUME 30 0 ~ REGULAR MEETING /~~ n FEBRUARY 15, 2011 '``~~~y - ~ i~ ~ ADJOURNMENT 10.1 There being no further business to come before the City Council, the meeting was adjourned at 9:43:44 PM in memory of Staff Sgt. Sean Diamond and our fallen troops. ~ ~ Minutes prepared by Caroline P. Soto, City Clerk. TTEST: c ~G~~"~ A City Clerk . / ~ / 1 ' J ~-.. Mayor . DUBLIN CITY COUNCIL MINUTES 15 VOLUME 30 REGULAR MEETING ~ ,~ ~~ FEBRUARY 15, 2011 9~~~ l~ ~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 5.56 OF THE DUBLIN MUNICIPAL CODE RELATING TO SMOKING POLLUTION CONTROL WHEREAS; smoking has been shown to pose health risks to smokers; and WHEREAS, secondhand smoke and its residual contaminants have been shown to pose heaith risks to both smokers and non-smokers; and WHEREAS, the City Council of the City of Dublin wishes to preserve and improve the health of it residents by reducing the possibifiry of exposure to secondhand smoke and its contaminates by providing housing for non-smokers within the City's apartment rental housing complexes. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Sections 5.56.055 and 5.56.130 of the Dublin Municipal Code are amended to read as follows: 5.56.055 Prohibition of smoking in mufti-unit residences A. Multi-unit residences: 1. In every Multi-Unit Residence, at least fifty percent (50%) of the units (including private outdoor spaces associated with such units, such as balconies, patios, and decks), must be permanentl~designated as non-smoking units by January 1, 2011 and at least seventy-five percent (75%) of said units must be permanently designated as non-smokinq units bv Januarv 1, 2013; 2. Non-smoking units must be contiguously grouped together both horizontally and vertically and physically separated from those units in which smoking ~s ermitted to the ,_ ._--- n~~~d: ~~as _ maximum extent practicable; ot later than Janua 31 2012 a Landlord who chooses to desi nate fewer than ~,~. ..-- o~~a: . _ 100% of the Units of a Multi-Unit Residence as non-smokingshall submit the foltowing ~ ~~~~- ~i~ced:Landlordsshall,~n~~ If1 BCCOfdaflCe Wlth S@CtlOl1 E: ninery (90) days otthe effective date (i) a description of each proposed desic~ated non-smokinQ Unit sufficient to of the ordinance which adopted this ~~~o~, notity each unit of its identifv the Unit; and implementalion schedule and plan for comptying wdh this section; (ii) a diagram depictincLthe location of the proposed designated non-smokinq Units in relation to all other Units. 4. i At least sixt 60 da s before submittin the ro osed non-smokin Utllt .--' ~~~d: Smoking is prohibited in designations repuired by subsection 5.56.055.A(3) above, the Landlord sh211 pfovide (eSlde~ces ¶un~ts in m~n~uni~ each tenant with: (a) a written notice of the proposed desipnations, clearlv statinq that the proeosed desiQnation will take effect as of JanuarjL1, 2013, and that smokinq in a Unit . which is designated as a non-smoking Unit will be ille4al as of January 1, 2013: (b) a diagram depictinq the location of the proqosed desiqnated non-smokinp A~~~____ ____. ~/ Units in relation to all other Units; and ~ ~ (c) a copy of this Chapter.; (ii) A Landlord mav modifv the proposed designations based upon comments received from tenants. (iii) At least thirty (30) days before submittinq the proposed desiqnations of non- smokinq Units required by subsection 5.56.055.A(3) above, the Landlord shall provide all tenants written notice of the proposed desiqnations clearlv stating that Smokinq in a designated non-smoking Unit will be illeclal as of January 1, 2013. These qroposed desiqnations may differ from the proposed designations sent to tenants pursuant to subsection 5.56.055.A(4)(i). 5. All Units in any Rental Complex for which a Landlord is reauired to submit information pursuant to Section 5.56.055.E below. but for which such information, for any reason, is not fully and timely submitted shall be deemed to be desiqnated as non- smokinQ Units as of Januarv 1, 2013 or until such a time as the landlord has submitted the proper documentation. 6. Smokinq is prohibited in desiQnated non-smokinq units in multi-unit residences; 7. Landlords may designate a higher percentage of non-smoking units or do so ~ within an earlier timeframe than required under subsection (A)(1). B. Required lease terms: 1. Every lease or other agreement for the occupancy of a unit in a multi-unit residence entered into, renewed, or continued month-to-month after March 1, 2009. shal include the qrovisions set forth in subsections (a - cl below on the earliest possible . -~i~a: , by January 1, Zo~~, ~-- ------ date when such an amendment is allowable by law when providing the minimum leqal notice. a. A clause stating that smoking is prohibited in the unit if the Ufllt ,1S za'- '"'- Fortnatted: Juslified unit- - -- -------.._..----------------- designated~on-smoking •-. ~~ ~~d:hasbeen - - . ----------------------- ---------- - -- -- --- - b. A clause stating that it is a material breach of the lease or agreement to (i) - ~~ ~-- ~~: as a violate any law regulating smoking while on the premises; (ii) smoke in a non-smoking unit; or (iii) smoke in any multi-unit residence common area xce t for a desi nated _ . .--- ~~+~: ~~ Wn;~-+ smoking ~rea; ------------ - - ----------------------- - - - - - - -------------------------------------------------- _..--- Deleted: is prohibited by the landlord - c. A clause stating that all lawful occupants of the multi-unit residence are express third-party beneficiaries of the above required clauses; 1/07 or 1/11, meets the 2. The California Apartment Association's form 34.0, ev~,~,ision ._...-- oeieced: ~e~~s~a _ _ _ requirements for lease terms as outlined and is an option for use to comply with this section; 3. The lease or agreement terms required by Section B(1) hall be im lied and ..-- ~~ced: are hereby incorporated by Jaw_into_'~very__agreement_ o which Section B 1 a lies and shall ___.-- ~eced:ro~ceor6~ become effective as of the arliest ossible date on hich the landlord could have~;~~:;;;~ ~~;anyleaseorother • leqallv made the insertions pursuant to Section B(1); ,~~ ~i~~:ro~ 4. A tenant who breaches the smoking regulations of a lease or knowingly allows `~ ;~• ~~~: ~~ncy of a unit in a another person to do so shall be liable to: (i) the landlord; and (ii) to any lawful occupant '• muHi-unitresidencemade of the multi-unit residence who is exposed to secondhand smoke as a result of that ~~ ~ieced: or after January 1, zo~, breach. A landlord shall not be liable to any person for a tenant's breach of smoking andwhichdcesnotfullycomptywith regulations if the landlord has fully complied with Section B(1)• ti _.--- ~~~~ -- ---------------------------------------- 5. Failure to enforce any smoking ~rohibition in a_lease_ r~ rental_agreement on one ;,___-- ~~a:~~~i~~o~or or more occasions shall not constitute a waiver of the lease or rental agreement ~~ ~-~ ~~~; o, ~~ ~ ~ ~ provisions required by this ordinance and shall not prevent future enforcement of any such smoking,~rohibition on another occasion. _..--- - 4 ~i~: «s~~a~p~ -- -- -------------------------------------------------------------------------------------- --~ C. Disclosure by landlords of multi-unit residences: and a floor ,...-- units 1. Every landlord sha11 maintain a list of designated ~on-smoking nei~ea: smoking and _ _ - - --- - -- - plan identifying the relative position of non-smokinq units to units in which smoking ~s _....-- u~~a: and non-smoking units. permitted. The floor plan also shall identify the location of any designated smoking areas. A copy of this list, floor plan, and a copy of any procedures for addressing smoking related complaints shall accompany every new lease or other agreement for the occupancy of a unit in a multi-unit residence. If a copy of the list and floor plan is not so supplied, the unit subject to the lease shall be a non-smoking unit. D. Prohibitions and duties generally: in an area of thepremises ...--- permit smokin~ 1. No e,~ rson shall smoke or knowingly - ~~e~d:Person _ _ _ _ _ - ----------- - - - ----- - ---- - -- under his or her legal or de facto control in which smoking is prohibited by a lease or agreement term, by this Ch_ apter,_this Code, or any other state_or federal_law_provided,____._•-- Deleted: chapter however, that this prohibition does not apply to a person who is already compelled to act under state or federal law. . Procedures and re uirements for mandated submissions --- - - - - ~ - - --- - oei~cea: ~n - - ---------- -------- 1. Submissions reauired bv this Chapter must be received by the City Manaqer, or his or her desianee, on or before any applicable due date. The submissions shall include all material and information required by this Chapter and such other materials and information as the Citv Manager, or his or her designee, dee'ms necessary for the administration and enforcement of this Chapter. 2. All material and information submitted pursuant to this Chapter constitute disclosable public records and are not private or confidential. . 5.56.130 Enforcement Administrative officer designated. A. Enforcement shall be implemented by the City Manager. B. Any citizen who desires to register a complaint hereunder may initiate enforcement with the City Manager, or his designees. C. Any owner, manager, operator or employer of any establishment controlled by this chapter shall have the right to inform persons violating this chapter of the appropriate provisions thereof. ' D. Notwithstanding any other provisions of this chapter, a private citizen may bring legal action to enforce this chapter. E. Except as othenNise provided, enforcement of this chapter is at the sole discretion of the Citv. Nothin~in this chapter shall create a right of action in any Person a~ainst the City of Dublin or its agents to compel enforcement of this Chapter. Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. . Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this AYES: NOES: ABSENT: ABSTAIN: ATTEST: Caroline Soto, City CIerK day of , 2011. Tim Sbranti, Mayor ~~ ~~ ~ 4 ~J ~~ ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 5.56 OF THE DUBLIN MUNICIPAL CODE RELATING TO SMOKING POLLUTION CONTROL WHEREAS, smoking has been shown to pose health risks to smokers; and WHEREAS, secondhand smoke and its residual contaminants have been shown to pose health risks to both smokers and non-smokers; and WHEREAS,~the City Council of the City of Dublin wishes to preserve and improve the health of it residents by reducing the possibility of exposure to secondhand smoke and its contaminates by providing housing for non-smokers within the City's apartment rental housing complexes. ~ NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Sections 5.56.055 and 5.56.130 of the Dublin Municipal Code are amended to read as follows: 5.56.055 Prohibition of smoking in multi-unit residences A. Multi-unit residences: ~ 1. In every Multi-Unit Residence, at least fifty percent (50%) of the units (including private outdoor spaces associated with such units, such as balconies, patios, and decks), must be permanently designated as non-smoking units by January 1, 2011 and at least seventy-five percent (75%) of said units must be permanently designated as non-smoking units by January 1, 2013; 2. Non-smoking units must be contiguously grouped together both horizontally and vertically and physically separated from those units in which smoking is permitted to the maximum extent practicable; 3. Not later than January 31, 2012, a Landlord who chooses to designate fewer than 100% of the Units of a Multi-Unit Residence as non-smoking shall submit the following in accordance with Section E: - (i) a description of each proposed designated non-smoking Unit sufficient to identify the Unit; and (ii) a diagram depicting the location of the proposed ciesignated non-smoking Units in relation to all other Units. 4. (i) At least sixty (60) days before submitting the proposed non-smoking Unit designations required by subsection 5.56.055.A(3) above, the Landlord shall provide each tenant with: (a) a written notice of the proposed designations, clearly stating that the proposed designation will take effect as of January 1, 2013, and that smoking in a Unit which is designated as a non-smoking Unit will be illegal as of January 1, 2013; (b) a diagram depicting the location of the proposed designated non-smoking ~ c~ 3~. Units in relation to all other Units; and (c) a copy of this Chapter.; (ii) A Landlord may modify the proposed designations based upon comments received from tenants. (iii) At least thirty (30) days before submitting the proposed designations of non- smoking Units required by subsection 5.56.055.A(3) above, the Landlord shall provide all tenants written notice of the proposed designations clearly stating that Smoking in a designated non-smoking Unit will be illegal as of January 1, 2013. These proposed designations may differ from the proposed designations sent to tenants pursuant to subsection 5.56.055.A(4)(i). ~ 5. All Units in any Rental Complex for which a Landlord is required to submit information pursuant to Section 5.56.055.E below, but for which such information, for any reason, is not fully and timely submitted shall be deemed to be designated as non- smoking Units as of January 1, 2013 or until such a time as the landlord has submitted the proper documentation. 6. Smoking is prohibited in designated non-smoking units in multi-unit residences; 7. Landlords may designate a higher percentage of non-smoking units or do so within an earlier timeframe than required under subsection (A)(1). B. Required lease terms: 1. Every lease or other agreement for the occupancy of a unit in a multi-unit residence entered into, renewed, or continued month-to-month after March 1, 2009, shall include the provisions set forth in subsections (a - c) below on the earliest possible date when such an amendment is allowable by law when providing the minimum legal notice. a. A clause stating that smoking is prohibited in the unit if the unit is a designated non-smoking unit; . b. A clause stating that it is a material breach of the lease or agreement to (i) violate any law regulating smoking while on the premises; (ii) smoke in a non-smoking unit; or (iii) smoke in any multi-unit residence common area except for a designated smoking area; - c. A clause stating that all lawful occupants of the multi-unit residence are express third-party beneficiaries of the above required clauses; 2. The California Apartment Association's form 34.0, revision 1/07 or 1/11, meets the requirements for lease terms as outlined and is an option for use to comply with this section; 3. The lease or agreement terms required by Section B(1) shall be implied and incorporated by law into every agreement to which Section B(1) applies and shall become effective as of the earliest possible date on which the landlord could have legally made the insertions pursuant to Section B(1); 4. A tenant who breaches the smoking regulations of a lease or knowingly allows another person to do so shall be liable to: (i) the landlord; and (ii) to any lawful occupant of the multi-unit residence who is exposed to secondhand smoke as a result of that breach. A landlord shall not be liable to any person for a tenant's breach of smoking regulations if the landlord has fully complied with Section B(1); 5. Failure to enforce any smoking prohibition in a lease or rental agreement on one or more occasions shall not constitute a' waiver of the lease or rental agreement 2 _ - - =~ ~ ~ provisions required by this ordinance and shall not prevent future enforcement of any such smoking prohibition on another occasion. C. Disclosure by landlords of multi-unit residences: . 1. Every landlord shall maintain a list of designated non-smoking units and a floor plan identifying the relative position of non-smoking units to units in which smoking is permitted. The floor plan also shall identify the location of any designated smoking areas. A copy of this list, floor plan, and a copy of any procedures for addressing smoking related complaints shall accompany every new lease or other agreement for the occupancy of a unit in a multi-unit residence. If a copy of the list and floor_plan is not so supplied, the unit subject to the lease shall be a non-smoking unit. D. Prohibitions and duties generally: 1. No person shall smoke or. knowingly permit smoking in an area of the premises under his or her legal or de facto control in which smoking is prohibited by a lease or agreement term, by this Chapter, this Code, or any other state or federal law provided, however, that this prohibition does not apply to a person who is already compelled to act under state or federal law. E. Procedures and requirements for mandated submissions 1. Submissions required by this Chapter must be received by the City Manager, or his or her designee, on or before any applicable due date. The submissions shall include all material and information required by this Chapter and such other materials and information as the City Manager, or his or her designee, deems necessary for the administration and enforcement of this Chapter. 2. All material and information submitted pursuant to this Chapter constitute disclosable public records and are not private or confidential. 5.56.130 Enforcement Administrative officer designated. A. Enforcement shall be implemented by the City Manager. B. Any citizen who desires to register a complaint hereunder, may initiate enforcement with the City Manager, or his designees. C. Any owner, manager, operator or employer of any establishment controlled by this chapter shall have the right to inform persons violating this chapter of the appropriate provisions thereof. D. Notwithstanding any other provisions of this chapter, a private citizen may bring legal action to enforce this chapter. E. Except as otherwise provided, enforcement of this chapter is at the sole discretion of the City. Nothing in this chapter shall create a right of action in any Person against the City of Dublin or its agents to compel enforcement of this Chapter. Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word ~ or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumsfances. 3 ,. ~.~ eP 3 v Section 3. Effective Date. This Ordinance shall take effect and be enforced ~~( thirty (30) days following its adoption. Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in ~at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this day of , 2011. AYES: NOES: ABSENT: ABSTAIN: Tim Sbranti, Mayor ATTEST: Caroline Soto, City Clerk 4 r NON-SMOKING AREAS ADDENDUM This document is an Addendum and is part of the RentaULease Agreement, dated (Date) Page - . ofAgreement~~~ ~ ~ between (Owner/Agent) and (Name of Owner/Agent) . (Resident) for the (List all Residents as listed on the Rental/Lease Agreement) premises located at , Unit #(if applicable) (Sbeei Address) (C~tY) , CA (ZP) 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 praperties where smoking is peRnitted. 2. Non-Smoking Areas: Resident agrees and acknowledges that each of the following areas of the property has been designated as a non-smoking environment and Resident and members of ResidenYs 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 Non-Smoking Areas. Resident shall promptly notify Owner/Agent in writing of any incident where tobacco smoke is migrating into ResidenYs unit from sources outside bf ResidenYs Unit. ~ 4. Owner/Agent Not Guarantor of Smoke-Free Environment: Resident acknowledges that Owner/Agent's adoption of Non- Smoking Areas, does not make the Owner/Agent the guarantor of the ResidenYs health or of the smoke-free condition of the areas iisted in Section 2 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 Rentaf/Lease Agreement by the Owner/Agent. California Apartment Association Approved Form ~ ~ www.caanet.org c i ~ ~;o ~r~ ~ a Form 34.0 - Revised 1/11 - 02011- A!I Rights Reserved Apaffafe_e,t ~ ~`" ~~`''~ Page 1 of 2 Atsotiitl e ~ ~ r ~~ ~;~,.:~~~, Disclaimer: Resident acknowledges that this Addendum and Owner/AgenYs efforts to designate Non-Sr~~~~~~~y ~~ea 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 non-smoking any safer; more habitable, or improved in terms of air quality than any other rental premises. Owner/Agent specifically disclaims any implied or express warranties that the building common areas or ResidenYs 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/AgenYs ability to police, monitor or enforce this Addendum is dependent in significant part on voluntary compliance by Resident and ResidenYs guests. : 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 Resldent Date Resident Date Resident Date Resideni Date OwneNAgent ~ Califomia Apartment Association Approved Form ,~ ~ .i. www.caanet.org ~ • • - - • • • ~ w~ ci;i~i i~b ~+, Fornt 34.0 - Revised 1/11 - 02011- A/l Rights Reserved ''• ~' ''• ~ A ~~~~~{,~'~ Page 2 of 2 Aiso~fe~en ~ a~ 3~ ~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 5.56 OF THE DUBLIN MUNICIPAL CODE RELATING TO SMOKING POLLUTION CONTROL WHEREAS, smoking has been shown to pose health risks to smokers; and WHEREAS, secondhand smoke and its residual contaminants have been shown to pose health risks to both smokers and non-smokers; and WHEREAS, the City Council of the City of Dublin wishes to preserve and improve the health of it residents by reducing the possibility of exposure to secondhand smoke and its contaminates by providing housing for non-smokers within the City's apartment rental housing complexes. NOW, THEREFORE; the City Council of the City of Dublin does hereby ordain as follows: Section 1. Sections 5.56.055 and 5.56.130 of the Dublin Municipal Code are amended to read as follows: 5.56.055 Prohibition of smoking in multi-unit residences A. Multi-unit residences: 1. In every Multi-Unit Residence, at least fifty percent (50%) of the units (including private outdoor spaces associated with such units, such as balconies, patios, and decks), must be permanently designated as non-smoking units by January 1, 2011 and at least seventy-five percent (75%) of said units must be permanently designated as non-smoking units by January 1, 2013; 2. Non-smoking units must be contiguously grouped together both horizontally and vertically and physically separated from those units in which smoking is permitted to the maximum extent practicable; 3. Not later than January 31, 2012, a Landlord who chooses to designate fewer than 100% of the Units of a Multi-Unit Residence as non-smoking shall submit the following in accordance with Section E: (i) a description of each proposed designated non-smoking Unit sufficient to identify the Unit; and (ii) a diagram depicting the location of the proposed designated non-smoking Units in relation to all other Units. 4. (i) At least sixty (60) days before submitting the proposed non-smoking Unit designations required by subsection 5.56.055.A(3) above, the Landlord shall provide each tenant with: (a) a written notice of the proposed designations, clearly stating that the proposed designation will take effect as of January 1, 2013, and that smoking in a Unit which is designated as a non-smoking Unit will be illegal as of January 1, 2013; (b) a diagram depicting the location of the proposed designated non-smoking Attachment 2 ~ ~ c.~o2 Units in relation to all other Units; and (c) a copy of this Chapter.; (ii) A Landlord may modify the proposed designations based upon comments received from tenants. (iii) At least thirty (30) days before submitting the proposed designations of non- smoking Units required by subsection 5.56.055.A(3) above, the Landlord shall provide all tenants written notice of the proposed designations clearly stating that Smoking in a designated non-smoking Unit will be illegal as of January 1, 2013. These proposed designations may differ from the proposed designations sent to tenants pursuant to subsection 5.56.055.A(4)(i). 5. All Units in any Rental Complex for which a Landlord is required to submit information pursuant to Section 5.56.055.E below, but for which such information, for any reason, is not fully and timely submitted shall be deemed to be designated as non- smoking Units as of January 1, 2013 or until such a time as the landlord has submitted the proper documentation. 6. Smoking is prohibited in designated non-smoking units in multi-unit residences; 7. Landlords may designate a higher percentage of non-smoking units or do so within an earlier timeframe than required.under subsection (A)(1). B. Required lease terms: 1. Every lease or other agreement for the occupancy of a unit in a multi-unit residence entered into, renewed, or continued month-to-month after March 1, 2009, shall include the provisions set forth in subsections (a - c) below on the earliest possible date when such an amendment is allowable by law when providing the minimum legal notice. a. A clause stating that smoking is prohibited in the unit if the unit is a designated non-smoking unit; b. A clause stating that it is a material breach of the lease or agreement to (i) violate any law regulating smoking while on the premises; (ii) smoke in a non-smoking unit; or (iii) smoke in any multi-unit residence common area except for a designated smoking area; c. A clause stating that all lawful occupants of the multi-unit residence are express third-party beneficiaries of the above required clauses; 2. The California Apartment Association's form 34.0, revision 1/07 or 1/11, meets the requirements for lease terms as outlined and is an option for use to comply with this section; 3. The lease or agreement terms required by Section B(1) shall be implied and incorporated by law into every agreement to which Sectian B(1) applies and shall become effective as of the earliest possible date on which the landlord could have legally made the insertions pursuant to Section B(1); 4. A tenant who breaches the smoking regulations of a lease or knowingly allows another person to do so shall be liable to: (i) the landlord; and (ii) to any lawful occupant of the multi-unit residence who is exposed to secondhand smoke as a result of that breach. A landlord shall not be liable to any person for a tenant's breach of smoking regulations if the landlord has fully complied with Section B(1); 5. Failure to enforce any smoking prohibition in a lease or rental agreement on one or more occasions shall not constitute a waiver of the lease or rental agreement 2 Attachment 2 30 ~3~. ~ provisions required by this ordinance and shall not prevent future enforcement of any such smoking prohibition on another occasion. C. Disclosure by landlords of multi-unit residences: 1. Every landlord shall maintain a list of designated non-smoking units and a floor plan identifying the relative position of non-smoking units to units in which smoking is permitted. The floor plan also shall identify the location of any designated smoking areas. A copy of this list, floor plan, and a copy of any procedures for addressing smoking related complaints shall accompany every new lease or other agreement for the occupancy of. a unit in a multi-unit residence. If a copy of the list and floor plan is not so supplied, the unit subject to the lease shall be a non-smoking unit. D. Prohibitions and duties generally: 1. No person shall smoke or knowingly permit smoking in an area of the premises under his or her legal or de facto control in which smoking is prohibited by a lease or agreement term, by this Chapter, this Code, or any other state or federal law provided, however, that this prohibition does not apply to a person who is already compelled to act under state or federal law. E. Procedures and requirements for mandated submissions 1. Submissions required by this Chapter must be received by the City Manager, or his or her designee, on or before any applicable due date. The submissions shall include all material and information required by this Chapter and such other materials and information as the City Manager, or his or her designee, deems necessary for the administration and enforcement of this Chapter. 2. All material and information submitted pursuant to this Chapter constitute disclosable public records and are not private or confidential. 5.56.130 Enforcement-Administrative officer designated. A. Enforcement shall be implemented by the City Manager. B. Any citizen who desires to register a complaint hereunder may initiate enforcement with the City Manager, or his designees. C. Any owner, manager, operator or employer of any establishment controlled by this chapter shall have the right to inform persons violating this chapter of the appropriate provisions thereof. D. Notwithstanding any other provisions of this chapter, a private citizen may bring legal action to enforce this chapter. E. Except as otherwise provided, enforcement of this chapter is at the sole discretion of the City. Nothing in this chapter shall create a right of action in any Person against the City of Dublin or its agents to compel enforcement of this Chapter. Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. 3 Attachment 2 ~ ~~ ~ Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 19th day of July, 2011. AYES: NOES: ABSENT: ABSTAIN: Tim Sbranti, Mayor ATTEST: Caroline Soto, City Clerk 4 Attachment 2