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HomeMy WebLinkAbout4.03 Smoking Report Apartment Housing or 19 82 STAFF REPORT CITY CLERK ` CITY COUNCIL File #560-90 DATE: June 16, 2015 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager " SUBJECT: Smoking Pollution Control Ordinance Report for Apartment Housing Prepared by Roger Bradley, Assistant to the City Manager EXECUTIVE SUMMARY: On July 19, 2011, the Dublin City Council adopted an Ordinance that amended Chapter 5.56 of the Dublin Municipal Code, titled Smoking Pollution Control, which required that apartment complexes (with 16 or more units) designate 75 percent of their units as non-smoking. The City Council will receive a report outlining compliance with the Ordinance provisions. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council receive the report. Reviewed By Assistant City Manager DESCRIPTION: At the July 19, 2011 City Council meeting, the City Council adopted an ordinance that amended Chapter 5.56 of the Dublin Municipal Code, titled Smoking Pollution Control. Specifically, the Ordinance required that apartment complexes, with 16 or more for rent apartment units, designate 75 percent of their units as non-smoking by January 1, 2013. In order to ensure compliance with the Ordinance, the City Council included a provision that required the submittal of an annual compliance report. The annual report has been a useful tool in determining compliance and ensuring that all complexes were on track in obtaining the required threshold of 50 percent and subsequently 75 percent. In February 2013, Staff reported that all apartment complexes are in compliance with the Ordinance and have a minimum of 75 percent non-smoking units. The City Council requested that the apartment complexes in the City affected by the Smoking Pollution Control Ordinance continue to submit annual compliance reports. Page 1 of 3 ITEM NO. 4.3 Staff has collected reports from all eligible complexes and is presenting an update on the progress of each complex. As part of the report, Staff created a template for property managers to fill out indicating the number of units that were designated as non-smoking, the percentage of lease agreements that include the non-smoking restrictions, whether all outdoor common areas are designated as non-smoking, whether the property contains a smoking area, and an area for the property manager to indicate compliance with the 75 percent non-smoking unit requirement. This year, Staff also filled out information on the report (information that was reported the previous year) to make the process simpler for the apartment complexes. Current Non-smoking Units The City of Dublin has 22 apartment complexes (with a total of 5,018 units) that are affected by the Ordinance. All complexes within the City continue to comply with the Ordinance and have obtained the required threshold that at least 75 percent of their units are non-smoking. Some complexes simply drew a line across the property and designated a portion as non-smoking. Others surveyed tenants and sought volunteers to opt-in as a first and sometimes only step necessary. Thus, in some cases, the contiguous unit requirement was difficult to obtain as some complexes attempted to work around tenants that smoked. The Ordinance does allow this to occur with the exact requirement being that units be contiguous as much possible. As of January 1, 2014, the City's apartment housing stock consisted of 4,803 (95.7%) units that are non-smoking. This high percentage is aided by a number of large complexes that have chosen to become all non-smoking properties. Specifically, 16 properties have chosen to be complete non-smoking locations. This past year, three additional complexes chose to become a non-smoking property (Avalon Dublin Station, Emerald Park, and Fountains at Emerald Park). A complete breakdown of each property's progress is listed below. Non- Complex Total smoking % Non- Units Units smoking 1/i/16, Amador Lakes 555 555 100% Amador Valley 80 80 100% Avalon Dublin Station 253 253 100% Avana Dublin Station 177 177 100% Camellia Place 112 106 95% Carlow Court 50 50 100% Connolly Station 309 309 100% Cottonwood 248 248 100% Eaves Dublin 204 160 78% Eclipse Dublin Station 305 230 75% Emerald Park 368 368 100% Evan Alan 20 20 100% Fairway Family 304 304 100% Fountains at Emerald Park 324 324 100% Groves Senior 322 322 100% Park Sierra 283 237 84% Page 2 of 3 Non- Complex Total smoking % Non- Units Units smoking 1/1/15, Parkwood 224 224 100% Sofi 176 165 94% Tralee 130 97 75% Waterford 390 390 100% Wexford Way 130 130 100% Wicklow Square 54 54 100% Total 5;016 4,803 95.7% Generally, all complexes indicate that they have incorporated language into their lease agreements indicating units are non-smoking, and have prohibited smoking within all indoor and outdoor areas. There were three properties that had some confusion about the lease agreement requirements and the City's prohibition of smoking in common areas. Staff will be working with these properties to ensure compliance at these locations. It appears that a change in property management and unfamiliarity with the City's ordinance is the reason for the deficiencies at these locations. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of the Staff Report was provided to all apartment complexes required to report under the Ordinance. ATTACHMENTS: None. Page 3 of 3