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Item 7.2 Smoke Poll Compliance Rpt
G~~~ OF DU~~~ ~9`~;~/2 STAFF REPORT CITY C L E R K `~'~r;~.~~ ~ DUBLIN CITY COUNCIL File # ^0©^d -[~]0 DATE: February 16, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJE~T. Smoking Pollution Control Ordinance Annual Compliance Report for Apartment Housing Prepared By: Roger Bradley, Administrative Analyst EXECUTIVE SUMMARY: The City Council will receive a report outlining compliance with the Smoking Pollution Control Ordinance as it relates to apartment rental housing complexes within the City that have 16 or more units. Specifically, the ordinance requires that apartment complexes designate 50% of their units as non-smoking by January 1, 2011, prohibit smoking in common outdoors areas, disclose to prospective tenants the number and location of smoking and non-smoking units within a complex, location of any smoking areas, and any procedures for addressing smoking- related complaints. The report highlights the compliance measures that have occurred during the first year of the ordinance. FINANCIAL IMPACT: None RECOMMENDATION: Staff recommends that the City Council receive the Report. ..J.---~ Submitt By Administrative Analyst --~-.. Page 1 of 5 ITLM NO. ~~ DESCRIPTION: At the December 2, 2008 City Council meeting, the City Council adopted an ordinance that amended Chapter 5.56 of the Dublin Municipal Code, entitled Smoking Pollution Control. Specifically, the ordinance required that apartment complexes, with 16 or more for rent apartment units, designate 50% of its units as non-smoking by January 1, 2011. In addition, the proposed ordinance prohibits smoking in common outdoor areas, which includes a provision that landlords may designate a portion of the outdoor area for smoking. The ordinance also contains a provision that landlords are required to disclose to prospective tenants the number and location of smoking and non-smoking units, location of smoking areas, and procedures for addressing smoking-related complaints. In order to ensure effective implementation of the ordinance, the City Council included a provision within it requiring the submittal of an annual compliance report to the City, which covers compliance, feasibility, and the effects of the transition. As requested by the City Council, Staff has collected reports from all eligible complexes and is presenting findings for the first year of the transition. As part of the annual report, Staff created a template report that was required to be completed with the following information: Compliance • Date tenants were notified of the ordinance. • The number and percentage of units designated as non-smoking as of 12/31/09. • Number of lease agreements that prohibit smoking in apartment units. • Outline of policies for addressing smoking related complaints. • Site Plan disclosure. • Outdoor common areas are non-smoking and any designated smoking areas. Feasibility • Total number units that will be designated as non-smoking on Jan 1, 2011. • Intent and plan to implement the ordinance by January 1, 2011. • Difficulties experienced with the requirement that non-smoking units be contiguous. Effect • Issues experienced or anticipated on the impact of the ordinance on residents. Tenant Notification Out of the 17 complexes that were required to submit the annual report, all but three notified their tenants by March 31, 2009 that the City had passed the ordinance. The three complexes that failed to meet the deadline were Cottonwood, Park Sierra, and Waterford Apartments. Cottonwood sent out its notification on May 1, 2009, and both Park Sierra and Waterford indicate that they will be compliant with this provision by the end of February 2010. Current Non-smoking Units During the City Council's discussion of the proposed ordinance on December 2, 2008, the City Council indicated its desire to know how many units would be non-smoking at the end of the first year. Out of the 4,416 apartment units that are affected by the ordinance, 427 are currently non-smoking (10%). In other terms, out of the 17 eligible complexes, there are 4 complexes (Emerald Park, Evan Alan, Ironhorse Trail, and Wicklow Square) that are already compliant. The breakdown of the locations of these units is included in the table below. Page 2 of 5 Future Non-smoking Units As required by the ordinance, all complexes within the City of Dublin must designate at least 50% of their units as non-smoking by January 1, 2011. Out of the 4,416 apartment units that are affected by the ordinance, 2,332 will be non-smoking (56%) on January 1, 2011. The table below indicates the dispersion of these units across the City. Intent to Implement It appears that all complexes within the City intend to comply with the ordinance and are making progress in obtaining the required thresholds. At a minimum, each complex has established the percentage of units it will have designated as non-smoking by the end of the year, although there are a few different plans being employed to comply. Some complexes are simply drawing a line across the property and designating one side as smoking and the other as non-smoking. Others are surveying tenants and seeking volunteers to opt-in as a first and perhaps only step. Regardless, it appears that education and Staff monitoring will be useful in assisting with the final stages of implementation; as a result, Staff plans to provide additional .reminders by mail and informal compliance checks quarterly over the next year to ensure the complete transition of the reminder of the ordinance. Complex Total Units .Non- smoking Units 12/31!09 % Non- smoking Non- smoking.. Units 1 /1/11 % Non- smoking Amador Lakes 555 0 0% 278 50% Amador Valle 80 0 0% 40 50% Archstone Emerald Park 324 0 0% 204 63% Avalon Dublin 204 0 0% 102 50% Avalon Dublin Station 305 0 0% 156 51 Camellia Place 112 0 0% 66 50% Cottonwood 248 60 24% 224 90% Emerald Park 368 192 52% 192 52% Evan Alan 20 20 100% 20 100% Fairwa 304 0 0% 152 50% Groves 322 0 0% 161 50% Ironhorse Trail 177 101 57% 101 57% Park Sierra 283 0 0% 178 63% Parkwood 224 0 0% 112 50% The S rin s 176 0 0% 97 55% Waterford 390 0 0% 195 50% Wicklow Square 54 54 100% 54 100% Total 4,146 427 10% 2,332 _ 56% Lease Agreements For the five complexes that have designated non-smoking units, all indicate that they have incorporated verbiage into their lease agreements indicating units are non-smoking. The remaining 13 complexes are not required to complete this task until January 1, 2011. Smoking Policies Although having policies to address smoking complaints is not required, disclosure of any policies is a requirement. A large majority of the reporting complexes have policies in place to Page 3 of 5 address smoking related complaints. During report review and discussion with some property managers, it became apparent that greater education may be useful for compliance with disclosure requirements. Staff will send out educational media to property managers to ensure that the proper disclosure of procedures occurs. Site Plan Disclosure Staff did not discern any significant issues with Site Plan disclosure as most property owners have not designated smoking units at this point. Staff anticipates that this may be more of an issue after January 1, 2011 when units are required to be designated. Staff will work to educate property managers about disclosure requirements to ensure that no issues arise after that date. Smoking Prohibited in Outdoor Common Areas All complexes report compliance with the outdoor common area prohibition. As Staff believes that there may be some confusion as to what exactly this requirement entails, Staff will clarify in quarterly letters that all common areas within the total property area must have smoking prohibited. The only exception is where a smoking area has been designated, which can be no larger than 25% of the property area. At the present time, no complex has designated a smoking area. A smoking area is an option but not required. Difficulties with Contiguous Requirement Included within the ordinance is a requirement that all non-smoking units be grouped together, both vertically and horizontally to the maximum extent possible. This was done to minimize the opportunity for secondhand smoke to encroach upon non-smoking locations. A few complexes indicated that they were having difficulty with keeping units contiguous because of the nature of their complex -one building as opposed to many. There did not appear to be consistency with this issue as others of a similar type did not report this as a problem. Impact on Residents The most common difficulty that was expressed, by about half of the complexes, is the belief that decreased occupancy will result because of the 50% requirement for units to be non- smoking. In some cases, it is reported that smokers either felt forced to move or do not desire to rent because of the ordinance restrictions. At this time, only one (Ironhorse Trail) of the complexes that has proceeded with implementation reports a loss of smokers due to the ordinance. Specifically, the Ironhorse Trail Apartments reported that one smoker moved due to his or her unit being designated as non-smoking, and a potential tenant that smokes could not obtain tenancy there due to the fact that there was not a smoking unit available. NOTICING REQUIREMENTS/PUBLIC OUTREACH: 1) Property managers notified of City Council's consideration of the ordinance -November 10, 2008. 2) Noticed Public Hearing held on November 18, 2008. 3) Property managers noticed of ordinance adoption January 7, 2009. 4) Property managers noticed of informational meeting to cover compliance and answer questions -March 3, 2009. 5) Held informational meeting with property managers, American Lung Association, and Rental Housing Owner Association -March 12, 2009. 6) Solicited feedback about the compliance report from representatives from the American Lung Association and Rental Housing Owner Association -January 5, 2010. 7) Compliance report notice and report template sent to property managers -January 12, 2010. Page 4 of 5 ATTACHMENTS: 1) Annual Compliance Reports for Apartment Complexes with more than 16 units. Page 5 of 5 ~ ~p ~3 ~~ Attachment 1 Exhibit Apartment Complex A Amador Lakes B Amador Valle C Archstone Emerald Park D Avalon Dublin E Avalon Dublin Station F Camellia Place G Cottonwood H Emerald Park I Evan Alan J Fairwa K Groves L Ironhorse Trail M Park Sierra N Parkwood O The S rin s P Waterford Q Wicklow Square ~ern'~"I~'t~ 2II6`IO G~~~ OF DU~~~ ~9`~~~jZ ~~ ~ /l O`1LIFOR~~~ p.~... L ~ ~a ~4~~' (t-~( [fie.: ...f 1`A ~i t~ ^,fGtCi 4AF`~l J~ird ;~ ~ ._~~ii ANNUAL COMPLIANCE REPORT Smoking Pollution Control Ordinance DMC Chapter 5.56 Name of Property~M~i tS(L L4t~S Address ~l~ i~1d(t-~+~1 L~1tx ~fLtu~ .I~gq~t•..~. (~~ Date 1'Zfo%.OIO Zipcode 9f.S~o~. Total # of units in complex J"J,`~ Total # of buildings 7~ p Name of person completing surv~e+y: ~ l -I~IwRt-sue Phone: g~~' AZ~' 36(prp Email: ~ ~v~u/~ ~ ~Ql-I~~ • c csr'~- Position: OOwner ~h'roperty Manager OOther (identify) Please check each hex tinder the checkmark m indicate vnnr rmm~liance ~xrith the item ~ COMPLIANCE NOTES ~ COb4IvIENTS Date your tenants were notified of the ordinance -Section / ~~1FrcD ~ S` R~S 17A~~ 3~~ 5.56.055 A 3 . ~G l /~9 Percentage of units that are currently designated as nonsmoking. ~ /e ~ ~,,,~ o Crytt,~MC ~Q-M--L ~ I . e-S -~-v C w~ l, Note: None are required until January ], 2011, but we would like to know what steps have 7 IOCD wN: already been taken. Percentage of lease agreements that meet the requirements of Section 5.56.055(B). /~~ (~ e Note: None are required until January 1, 2011, but we would like to know what steps have ahead been taken. Outline your policies for addressing smoking related complaints: k,tr ~.: ~ ~{-~vw-t , d~:--1`u ~- odd r~4 A-S nu,icev~ac is8'~ti , c~wc.c a ccN,,.~la.:•.i ~~ rvwclte 1'VtW.a. G~._a-~~S ci-~ om ( ~ ~ e - t~a~tia...t-C r~aw~ otle~? -+-~ C'vlns,.~[ .t ~f llw-s `a°P ,,.- .v--'- ~ ~L / ~' f ~ r ' ~ r s- g l o~c., c ir+~ /7 L• .~~--~ /o~b ~t~a oLi ~arl rt~spo o~-. L~ r DG ' / " ~ icti c .s., ~dc e> ltad, ct ~, C o~yr~jl.~ C i .,2r!! ~Lrt4 z° ~ ice.-a-ti Q 3-G fin. F. ~r'! ~i•c,~ Cl•t-I plc! /~~~ ~v < 6reac~ v~ non-FrmGf Ln...d ~sbuo- vx~ a. ~,ard.~ ~.._. ~..tilc c s ~«-,~. 3 Y~ •~~ ,G~- ~~-l ~ ~ ~'bC ~ l a c ~-• ~ `~x- ~ #~-. / s ! ~ c~ o(c~i e! -F~+ rnr !'G.--~ ~~rte ~--a ~ ~~~- ~ `t'om- II / ! ' ~Y lsG p~ulLS i ~ ~ 1/Wvt-SIM~~e'u ~f1~.[,, eS N'O lG ~ . Submit the materials outlined in Section 5.56.055(C). ~~ ' ' / andlordDiscloslue !Yl~~~~ ~ rrtir-, ~:~@ , fit ~~~ /m~GC Indicate your compliance with Section 5.56.050(C)(6) and the Do you have a If yes, please describe % of total number of any designated smoking areas. designated outdoor area that it encompasses CU ),. - w .e P (or- -1-. cwc c 4 .,..., ; lo.~ cal ~____-~_ smokin area? g and describe locarion. FEASIBILITY Indicate the percentage of units that will be designated as r of units designated nnn- i of un;es antidpated to be nonsmokitg on January 1, 2011. > O~ smolung as of 12/31/09 designated non-smoking as of 1/1/11 ~ J U ~~ ? 5b ~~ Indicate your plan for implementation of the nonsmoking unit i~+ .yt_c ~2.ck N rvwr,.yl~ . ~..^e_ ~ (c.~ requirement of 50% and their accompanying lease agreements. ~, F~ ~ssw-l .~^Fw[c Gi nvr.-Sr~~"3 ~ ~-b -t~.e rea ~~k.~-h ~ ~ rn lecst edc~~-d tea- Indicate any difficulties with the requirement that nonsmoking units ~.F ~s 1VltNt e! 1 .t- be Conti ous. 4~ GS +a- tv(ll,S ( cr. EFFECT !,, ~Cl~4t ~-Sr-~ {- v~ca~ bu_ Outline any issues experienced or anticipated pertaining to the im act of the ordinance on individuals or ou s. ~~~~ Ste. Sys ,,, rraw~ cl(~- f-~4--._ ~J rc~ y . Please complete f~ -m and attad: nay documents and send to Roger Bradley at 100 Civic 1 hza, Dublin, CA 94568 or to roger.bradlev(a~ci.dublin.ca.us no later than January 31, 2010. Note: Please attach additional sheets to include the required or other pertinent information. ~~ ~ 7 ~-rs ~~„~ ~t'u",~7 ~~ a ~ ~3 A March 27, 2009 Re: New City of Dublin Smoking Pollution Control Ordinance Dear Resident(s), Effective January 1, 2009, The City of Dublin amended chapter 5.~6 of the Dublin Municipal Code relating to smoking pollution control. Specifically, sections 5.56.020, 5.56.040 and 5.56.050 of the Dublin Municipal Code were amended and Section 5.56.055 was added. The entire Dublin Municipal Code can be seen by visiting the City of Dublin's website at www.ci.dublin.ca.us. According to the new ordinance, Amador Lakes must have a minimum of fifty percent (50%) of our total units (interior of the units including balconies, patios and decks) designated as non-smoking units by January 1, 2011. As part of the ordinance, smoking is now prohibited within the outdoor common areas (walkways, parking areas, etc) and prohibited within 20 feet of windows, entrances, exits, and vents of nonsmoking units as well. Smoking in these-areas is prohibited by you and your guests. Amador Lakes would like to be proactive in achieving the required percentage of non-smoking units before January 1, 2011 and ask residents to let us know if you'd like to volunteer your apartment home as anon-smoking unit so we can get closer to designating your building as anon-smoking building. Please give us a call at 925-828- 3666 or email us at Amadorl(c~~rafilah.com to inform us that you want your unit designated as non-smoking. We can only designate an entire building as r~o~~-smoking once all eight=~~nits in a building volunteer or are designated by Amador Lakes as anon-smoking unit. Individual units cannot be designated as anon-smoking unit, only an entire building. If we don't receive enough volunteers to designate the required number of buildings as a non- smoking building, Amador Lakes will arbitrarily designate buildings as non-smoking as we renew future rental agreements or possibly any units that are currently on a month to month tenancy. Due to our previous experience involving a fire on the property caused by a cigarette, continuing calls regarding the nuisance of cigarette smoke emanating into neighboring units and the damage that we see to the interior of the units upon move out, 8105 North Lake Drive, Dacblin, CA 94568 (925) 828-3666 • Fax: (925) 828-1870 t~ ~ 13 Amador Lakes would like to be proactive in meeting and exceeding the requirements of the new city ordinance. Any smoking related complaints will be treated as a nuisance and handled in the same manner. Once a complaint is made verbally or in writing, management will contact the residents alleged to be causing the nuisance and management will go over the policies. We will follow up with a letter reiterating our conversation. If the problem persists, management has the right to terminate tenancy based on factual evidence. _ Ir_ she fiat~kre, < ~•r:ador Lakes is cor~siderirb converting tl~e entire eon:munity ±e a smoke free property. There is an increasing trend with many cities in California limiting smoking in multi-family dwellings. Your feedback is appreciated and encouraged and will help us at minimum achieve the city's requirement of 50% and possibly exceed the percentage of units to be designated as non-smoking by the date mandated in the new ordinance. A property map and a list of all buildings designated as anon-smoking building is available in the leasing and management office at this time. Currently, there are no buildings designated as non-smoking as we've just begun the conversion process. Once the non-smoking policy is in place all residents occupying anon- smoking unit will be asked to sign anon-smoking addendum. Anyone who violates the non- smoking policy will be found in breach of the rental agreement and to be in violation of a City Ordinance. We appreciate your attention and cooperation in helping Amador Lakes comply with this new ordinance. Ki Hwang Property Manager ~~® ®e b O 2 1 0 0 1: 4 1 p ®® FaMF1DOR APARTMENTS G~~~ OF DU~l~ i9~~~~~a2 ~` /~~ O~LIFORl`l~ p . 1 ~~~3 AI~iNUAL COMPLIANCE REPORT Sm/o~king Pollution Control Ordinance D/~MC Chapter 5.56 Nalne oFProperty s'9~1J~~OPL. C/`/~GG.~ ~ /~`Pi'~~7~Y17-~~ Date ~ ~ ~~~ t' J C Address ~S`~PS J'9/~/'~¢/o.it'' f/69l/C~ ~ ! c1~ ,.z/ipcode ~'~S~ c~ Total # of units in complex ~ ~ Total # of buildings 7 Name of person completing sure ey: _~.c 1~~r-!_~ f~'~F.C1~hozle; ~~-S` d.~~ f 3 /4~ Email: Position: OOurner OPropcrty 1Vlanager OOther (identify) ~~Sr~<_-yc-~T J'~~ /~ . T~Ir~oca `-hvi-k .>orh hn.r nnrlnr tl» ~-hPrkmnrlr to inr7icatP vn~~r cmm~liance> evit}i the item. :GOI~IPLIt1NCE '' - '. ~. .. NO'TES ~;;_CO'vIIvIENTS Date your tenants were notified of the ordinance -Section 5.56.0551Y 3. f° / ~ O Percentage of units that are currently designated as nonsmoking. I f.[~G S.~ f.~ex ~ Y ~ n -- ^ ~, ~ ~7- c~ r -1-UE-'F ~2~ ~"`~"~T ~ No[c: None azc required until January 1, 2011, Uu[ we would like Co {aloes what steps hnvc ~j ~ " ~ J ~t L' ~ ~_O ~ already been cnkcn. ./ - Percentage of lease agree>zzents that meet the requirements of 5 5 5 e r` ~/' ~ ~ r e DS r /l,~' ~~ ~~Q~-~~~,y,, L~ ~~al_/ i/ . 6.0 5(]3). S ction Note: None am rcquued until Janu:uy ], 201 ], but we would like [o lmow +sl~t steps. hove ,Q~ C7 /_,~ ,~ ~y ~ -a ~ alrcad been talccn. ~ - -- - Y r neyour policies fox addressing smolung related complaints: Ou tli p ~ Submit rl~e materials outlined in Section 5.56.055(C)- andlord Disclosure Indicate your compliance with Section 5.56.050(C)(G) and die Do you ha~re a 7f yes, plcase describe °/ of total number of any designated smoking areas- desigxiat~d outdoor area that it encompasses smoking area? and describe location. X / .tom' ,: ;, FE95IBILIT'Y'.: -~. :.: ;_ Indicate the percentage of units that will be designated a5 io ofnnits designated non- ' % oFutvc~ anticipated [o be - -- - - - ~ - nonsmoking on January 1, 2011. smoking as of 13/3i/09 des¢maicrTrion-smoking ns of 1/1/11 S v d Indicate your plan for implementation of the nonsmoking unit ~.O fl /. ~tJ a ~ cam- j ~ ~ ~~ ~-E_ i requirement of 50% and their accompanying lease agreements. Indicate any difEtculties with the requirement that nonsmoking units 11t~-~ x=rn t/>y-~- ~=0 ~~ P! /~-r o S be coati ous. ,_..::. (:EFFECT; `; . -:, .. ,; _ , . ,.:: ,. _ Outline any issues experienced or anticipated pertaining to the ~ ~~~~~' ~ ~ n'c~ j ~ S ins act oFthe o=clinance on individuals or ou s. 925 828 1394 Please complete form and attach any documents and send to Roger Bradley at 100 Civic Plaza, Dublin, CA 94568 or to roger-bradleyna,ci.dublin.ca.us no later than January' 31, 2010. Note: plcase attach additional sheets to include the =equu-ed or other pertinent information. UG/UG/GUlU 1U: VD t't1A ~GD DUU lOVb r~ic~ii~iviv~ r.m~icriL~ rtitcn /~e . ~"tr ~~~ . 1 ~ ~~ ~~ 1~ ~- ~~ 4v~ uuuc/ vutu (~ ~~ ~ 3 ANNU1~iL COR~IPLI~TCE REPORT Smoking Pollution Control Ordiuance~D-10~iC Chapter 5.5G • Name of Property ~7 ~G~-.5~'IS-~1 Q ~ y'1~18 ~D~ ~ (~ F'Q~' f~ Date Z 2 I c7 • ,Address / a ~ ~~:VP d7 ~ ( Zipeode 9 "~ ~~ • .. •r Total # of ututs in complex l Z~ Total # of buildings.- . - ~ ,~¢.~ C~ . • •- Name of person completing survey: ~I,v~;v'e•e ~ ~ ~-~ a.. ~a-~•• Phone; ~ z CJ ~~ 6 / ~ c~-~ Email: !V lC CC ~A ja yt d ~ a ~c ti s -f~ r~ c° ~v, a i ~. C > ~ Position: ^CFVVner Property Manager ClOther.(identify) •. • .. Please check-each box`under the checkrna.rk to indicate out com'~Tance with the itel:n.. - ••-~ .n: .~r~,;:F.-A-ArS;ArA nr;aa~.m- ~:' :. ~lii -"uxwe: ::a„-r':r.,,;•. _ ..,r.a ... .,1, 1, - - '- - araer.•.~r •. _!, ,E.F'°~1 '[+.~_~=~'~i~iMB-:: r_w-4Jh 41 ,m'c-~...4"nly~i.'i;_ ~W'x.:• ~;( _ ,'~II; S'r, r:. ,?~ .o:~.: r,: o{J: ,r.l ~T",~.: r~ 1.;; •.:.,.'I.~i IFi ,rrcr~i'. ~ I_ ~iV~ " ~~~a~~;~`:fF~1 ~ r- ;,i.:.. ~; ~ r€?" 7k~R ~;irn><.-.iy_3.~ifL' 1.1>~4'Y ~ I t s' ~ I"r r ~F l~Rf~li~:of:z ~r:~ i~ 1 5" w. e 'O ~ 11 u 8 d ~ l ~ __ _ - - _ - - - ~y •.::y"L:~~~i:x, '-a i' a c.. r,.. x ~ ~ ~•.,~, ~';{:E;~f;l~'' k .4 t...n!;:rfre^ .c I 3:F 1''.~''~ir~ ._. 5 ~ x' N9i''~~d Inrgl~e .2 d 9'e ' E C1V`: ~~~! ~~\" "+I t ~ : ~ ~ I I ~ , j .W .: ora r i ~Jm• s .:: _ .... . . - ..... :.. ~ : - ... - ,-:ems um a ..-. . " .~: -, n r Date your tenants were notified of the ordinance _ Section . I , . . . ' r5•, .~ __ ~. ..r - F ~.I ....I .. Y..L .I .. .... .. .. a e en. .. -. :! ' __ • 5.56:055 A 3 . ~ f $ .O • centage:of units. that ate currently designated as_ nonsmoking. ' (0 3 ~, {-, avQ lawn o(PS ll~il^7•Q. p/ N t N i 2011 i i d l 1 b ld lik k h I o e:: on : ac January , requ re unti , ut we.~vou e to novF w at steps have ~ - nlzeady been tal-en. ~ ~~ ~0 O~ j~/~ ~ ~ • P cetitage' of lease. agreements that rri~et the requirements of ~7 QC P 'ice rov 2 d / O . -'~6f ~e 2 ' • r ' ection 5.56.055(B):: / ct rl /1 0 ~ r n Zo/ a ff . y,!^D t/.Q , • yt9~`/l s ~9~ ~~ ~ eas ~ a~rpe~r, ~, f Note:'None aie requiied vntil]anunry 1, 2011, but we would like to know what steps.have ~ a - f ~ ~ G ~/d~ 5 ~ ~ ~ ~ _ ~ ~ p ~i ~ ` /- alrea been taken. Outline your polities for addressing smoking related complaints: /''~~ V r ~Q ('~~ al - ,. ~ee• I Qau ao) ree~~ Y _.., ~ 3. n.n . ... .. - Submit the materials outliaed in Section 5:56.OS5(G). ~ ~ ~ ~ ~ , ` andlord Disclosure 5 Q ~ p i~ r /! ( OC V ~ Indicate your compliance with Section 5.56.050(G~(6) and the Do you have a If yea, p ease describe % of total • umber of any designated smoking areas: designated .outdoor arealthat it encompasses • smoking azea? and describe location. ry -~- .. -- I .,, d.~~,rs:.::nu.Y it is_^•d":n.. ~~i~ nuans:4~F~ 'C. tll~.l,`~4M. V.i yi~!~E-3Fs::='v,'v;",~a';~ -B~~s.^. ;~rarJ o!-T _ i. ~ 1 ,,:' ; ,r. li~1~i.a •lir P u. : ° ^ .~5{~~ ~~ Ate.": Nadi _,{g!~rel•c :. ~• ~ ~' ~s! _..: ~I •, d In P~1518.>~,'L'~ -IEL..P~'.'~^~'~lr~lL9f :e::o~.: "~ @,'el_. lA i ~I$- 1'rNIllFilhl~l~!I~.l{~I~'~:C- nJ ei ~:kMi~ri ~... i•' il~RiSFT~I~u'r~nR,l:~ ~IeLc- !C55' W I i ~4'i4 ~j~•¢:° 4 s'(Oi''' ' ` + i~ ~-.-~ - r ~ - ¢ ~tl F ~.r ; ..ti15 °:~.~ n . w 3' ~ 'l'fi-~Ifl •~i:i';'T ]!y ~ J ~a.._._..~.E~ ~A1' ~r - r- I TY."~ ..;,., , . . ~ s .._.. rr ..v4reti!.n Ff r yL :l Y^ s n Indicate the percentage •of units that will be designated as ~o of nnita designaced non- °~o ofunits anticipaced to be onsmokin on an 1, 2011. .g J• ~ smoking as of 12/31/09 • designated ;~;~lmok;ng as of - , 3~ ~~ , ~~- 1 ~ 3 ~ ~ 3 /. Indicate your plan for implementation of the non •t L e a„e ~_wn\ ,-2 e rn en+ ~ S t/- d a! e a~ ns }~ UZ/UZ/ZUlU lU:Ub NA.1 yZb 5bU 1bUS H1tl;tLJll/1VL' L'1VTr.1tALll 1'Htt11 tc,JVUUJ/uViv Indicate your compliance with Section 5.56.050(6)(6) and the Do you have a If yes, p ease describe °~o of total umber of any designated smolting areas. designated outdoor arealthat it encompasses smoking area? and describe location. Y ~L,~~1j%Y~/. 1. f.. l a'i ry 2LILr1' ~ S6 5 j, 4 ~y r3t ~ IAI ;_ ' 3 -"-~--. . Indicate the percentage of units that wlll be desi ated as °~am f 1 1 [o be of n. onsmoking on January 1, 2011. ~ ol~ as o 2/31/09 ~ desi ated no emoki s° a °5 of ' 1/I/it c3ha~d '~¢ Indicate your plan for implementation of the none' 't L e a~ app i~ ¢ n., Q,~~ ~aS tI~ c1 of ~ a 5 ' ! requirement of 50% and their accompanying lease agreements. o~ I I.I ~ ~ ~ p ~S /~S ~ c~.t-I S tvto/P in ndicate any difficulties with the requirement that nonsmoking units b er.J ~Ir 1 a. r . b¢ CDo~vi'iaol fo, ,C uiryP/r,/ , e Conti our J .. .J i.. ... I5-~ ~' - h RI ( - 1 E~i'L' C L -~...T 7 r i .' I r ~ plr ~l ~ I I v, F z a. 'I C _ ~F 1, _ 1 -_.~. ~. c: ::i utline any issues experienced or anticipated pertaining to the im act of the ordi indi id l _~__ ...._.....i.:~ : .: ~ /~ nance on v s or ou s. ua / Fleas ~~ ~ --- -- - .._ _ ~~d "c'clr ciocurtiients and send tv. Roger Bradley at 100 Civic Plaza, Dublin, CA 94568 or to Egger b_ radlev~a ci dublin ca us :no latex than January 31, 2010. L Note: Please attach additional sheets to include the regdized or other pertinent infozination. ' r~:# < ~Y V ~~~y 1+T y _-ti ~~ " ~ _ Y rys ' ;~ } .q -.-' :'F s~~L _ . ` ( ~J~ ' ~ ~ ~~. ~. . r ~ -_'f y I ~ t~G ~~ ~~ : ~ -- d ~ M ~,r"Y ~,~ ~~~ . '+W-h ;-5 . ~ ~- ,,,1.,~'~ii,zrt~i, r x ~ ~ ~ Gr ~'.. ~~ 4 e ,.- - UG/UG/LV1U lU: VU 1'HA ~GU VUU 1UUJ t11~VRJ1VIVR P.-1r.1~t1LU rtlAil ~ ARCHSTONE w® '~ ~I11~~D ~'~:1~ C~11~1 Date: February 18; 2009 ~ - To: Archstone Emerald Paazk Residents From: Marcellina Catalano, Community luianager: Re: Dublin Smoking Ordinanoe ~ vvv-ii vviv ~;~ As many of you are probably aware, the Dublin City Council adopted ari ordinance on December 2, 2008 that will linut the areas where smoking will be permtted.at Archstone Emerald Park. In addition, .this ordinance requires Archstone Emerald Pazk to limit the number of apartment homes where smoking is permitted to less than 50 percent of the apartment homes by Januazy 1, 2011. Effective immediately; smoking is, prohibited in the following azeas of Archstone Emerald Park: - '' • Leasing Office ® Fitness Center • Pool and Spa • All Parking Areas ® Car Wash ® All Entries, Doorways, Hallways, and Stairways Smoking will continue to be permitted in apartment homes until such time as Archstone Emerald Park completes the process of designating specific apartment homes as non-smoking or smoking permitted apartment homes. We anticipate that the designations will be completed by October 31, 2009.. Archstone Emerald Park currently anticipates that it will designate specific buildings as smoking or non-smoking buildings, though it is too early Smoking Ordinance 2.17.09 9200 East Panorama Circle, Suite 400 Englewood, Colorado 80112 Telephone (303) 708 5959 Fax (303) 708 5999 • www.archstoneapartments.com ARCHST®I~1E ~® L~/JUVU.7/UUlV ~ ~ ~3 to know which buildings will fall into each category. Once buildings aze designated, any lease or lease renewal for an apartment home in that building signed after that date will in~lide ~-a provision either prohibiting or permitting smoking. Each lease will include a provision stating that it is a material breach of the lease to (a) violate any law regulating smoking while on the premises, (b) smoke in anon-smoking apartment home (including any patio or balcony of such apartment home), and (c) smoke in any common area i~ot designated as a "smoking area." Residents who violate these lease provisions may have their leases terminated and may also be liable to other residents who are exposed to secondhand smoke. Note that the ordinance specifically provides that Archstone Emerald Park will not be held liable to any resident or any other person for a resident's breach of the ordinance or lease provisions. According to the ordinance, Archstone Emerald Park also may designate certain outdoor: areas as "smoking areas" where smoking will be permitted. If we choose to do so, we anticipate that these areas will be identified and marked by March 31, 2009. After that date, those are the only :areas where smoking wild be permitted in the common areas of Archstone Emerald Park. Please feel free to- contact the Leasing Office if you .have any questions regarding implementation of the ordinance or if you would like a copy of the ordinance. -. 4: s UL/UL/LU1U lU:U6 1'H~l `JLb b6U 1bU3 HKl:riJ11J1VL L'111L'KHLU YHt(t1 Smoking Ordinance 2,17.09 Peige 2... . VG/ UG/ GV1U lU: UD t'tlA DGJ UVU 1DVJ tltlli t1J1 V1Vr. IJll1PlAllLl/ rill\ll w_J vV~V/ vvl~ ~Q ~R~~STO[~TE ~~ ~~1~~~1.%1~~1`11 .;. Date: October 22, 2009 to: Archstone Emerald; Park Residents From: Marcellina Catalans, Community Manager Re: Dublin Smoking Ordinance As a reminder, tale publin City Council adopted an ordinance on December 2, 2008 that limits the areas where smoking is permitted at ~rchstone Emerald Park. In addition, this ordinance requires Archatone Emerald Park to ligait the number of apartment hoanes where smoking is permitted to less than 50 percent of the apartment homes by January 1, ZO11. As of February: 2009, smoking has been prohibited in the following areas of Archstone Emerald Park: o Leasing Office ® Fitness Center ® Pool and Spa ® All Parking Areas ® Car Wash ® All Eniries, Doorways, Hallways, and Stairways We have also completed the process of designating specific apartment homes as non- smoking or smoking permitted apartment homes, The following buildings are designated as non-smoking apartment homes: 3020, 3023, 3030, 5040, 3043, 3030, 3060, 3063, and~3070. Any lease or lease renewal after January 1, 2010 will include a provision prohibiting smoking in these buildings. Smoking Ordinance 10.21.09 9200 East Panorama Circle, Suite 400 Englewood, Colorado BO112 Talaphone (303) 708 3959 Fax (303) 708 3999 www,archstoneapartments.com UG/UL/GUlU 1U:U0 1HA ~LJ DOV lout nnv.nolUivn r.mr.i~ni,L inivi~ ~~~~~~~~~~ ,~RCgiS~'QIeTE . ~~ ~i ~~~ The following buildings are designated as ~.pastment homes where smoking is permitted: 000, 3010, 3013, 3073, 3080, and 5090. Any lease or lease renewal after January 1, 2 10 will include a provision permitting smoking in these buildings. As of January 1, 2010, each lease will include a provision stating that it is a material breach of the lease to (a) violate any law regulating smoking while on the premises, (b) smoke in anon-smoking apartment home (including any paxio or balcony of such apartment home), and (c) smoke in any common area not designated .as a "smoking area." Residents. who violate these lease provisions may have their leases terminated and may also be liable to other residents who are exposed to secondhand smoke. ATote that the ordinance .specifically provides that Archstone Emerald Park will not be held liable to any resident yr any other person for a resident's breach of the ordinance or lease provisions. Please feel free to contest the Leasing Office at 923-360-1600 if you have any questions regarding implementation of the ordinance or if you would like a copy of the ordinance. smol~ing Ordinance 10.21.09 Page Z VG/ VG/ GV1V 1V VV Pl1A JGJ JVV iVVU ai~vuvivi~L uiui.i~~ii.ei a~iiu. .~.. .. .. v. .. .. ~.. Pas ~ ~ ~~erned~~' ~ . 36.9 Notices. All nofices and documents will be in writing and may be in English or, at our option, in any language that you read or speak. 37. GENDER. The terms "you", "your", `~ourselP', "Occupant", "Guest", "we", "us", and "our" as used in this Lease, means and includes the singular or plural number, according to the specific context. 3g. INTENTIONALLY OMITTED.. 39. NON-DISCRIMINATION. We are an equal opportunity housing provider and comply with all federal, state and local fair housing laws and regulations. We do not discriminate in any way based upon race, color, creed, religion, sex, national origin, age, familial status, handicap, source of income, marital . status, ancestry or sexual orientation. 40. GOYERNING LAW AND SEVERABILITY. The terms of this Lease will be governed by the law of the state in which the Apartment Community. is located. Should a court of competent jurisdiction declare any provision or portion of a provision of this Lease invalid, the remaining provisions of this Lease will remain in full force and effect regardless of such declaration. 41. TIME IS OF TIIE ESSENCE. Time is of the essence of this Lease and each and .a11 of its provisions. 42. ACCESSIBILITY. We will assist you if you wish to have grab bats and/or grab bar reinforcements installed. We will assist with the removal of bath vanity cabinets if the Premises is a first floor one-bedroom (Al), first floor two-bedroom (B2 hall and B1 main), and first floor three-bedroom (CI hall) apartment unit. 43. CONDOMil1VIUM NOTICE. The Premises has been approved or may be approved for sale to the public as a unit within a condominium project, community apartment project, or stock cooperative project (whichever applies). The Premises may be_offered for sale to the public, and, if it is offered for sale, this Lease may be terminated. You will be notified at least 90 days prior to any offering to the public to sell the Premises under this paragraph. If you still lawfully reside in the Premises, you will be given a right of first refusal to purchase the Premises. 44. NO SMOKING RULES. 44.1 Buildings 5020, 5025, 5030, 5040, 5045, 5050, 5060, 5065 and 5070 within the Apartment Community ("nonsmoking Buildings"), including all apartment units, all private outdoor spaces (for example, balconies, patios and steps) and a.ll other interior common areas within the Nonsmoking Buildings, as well as all other interior common areas and outdoor common areas within the Apartment Community have been designated as nonsmoking ("Nonsmoking Areas") in accordance with Chapter 5.56 of the Dublin Municipal Code (the "Code"). 44.2 Smoking is prohibited in all Nonsmoking Areas. Smoking is also prohibited within twenty feet of any entrance, exit, operable window, vent or other opening into enclosed Nonsmoking Areas. and within twenty feet of all unenclosed Nonsmoking Areas unless you or your Occupant's or Guests are actively passing on the way to another destination without entering or crossing any Nonsmoking Area. If you or your Occupants or Guests would be placed in a potentially unsafe location by complying with the twenty foot minimum, however, you or your Occupant or Guest will smoke in a safe location that is as far away as possible from any Nonsmoking Areas. CENTRAL130943145.13 17 12/01!2009 VG/VG/GVJ.V 1V VV 1'!]A ,~GV VUV 1VVJ [vi•vuv.a Viii. a.iiaua\iauai aiaa\aa 'CJ "• ""~"~ ,~~~~ 44.3 You will inform any Occupants and Guests of the restrictions set forth in these No Smoking Rules, 44.4 You acknowledge that the designation of the Nonsmoking Areas does not make us or any of our managing agents the guarantor of your or any Occupants' or Guests' health or of the smoke-free condition of the Nonsmoking Areas. 44.5 It will be a material breach of this Lease if you or any Occupant or Guest violates these No Smoking Rules or any law regulating smoking while in the Apartment Community. A material breach will be grounds for us to immediately terminate your tenancy. All lawful Occupants of the Apartment Community are express third-party beneficiaries of the provisions described in Paragraph 44.1, Paragraph 44.2 and this Paragraph 44.5. If you or any Occupant or Guest breaches these No Smoking Rules, you will be liable to us and you may also be liable to any lawful Occupant of the Apartment Community who is exposed to secondhand smoke because of that breach. 44.6 You acknowledge and agree that our designation of the Nonsmoking Areas does not in any way increase or otherwise change our or our managing agents' standard of care to you or any Occupants or Guests with respect to the safety, habitability, or air quality of the Nonsmoking Areas, and our standazd of care with respect to these matters is not greater than the standard of care applicable to other rental premises where smoking is not prohibited. We specifically disclaim any implied or express warranties that any portion of the Nonsmoking Areas will have any higher or improved air quality standards than any other rental property where smoking is not prohibited. We cannot and do not warrant, guaranty or promise that any portion of the Nonsmoking Areas will be free from secondhand smoke. You acknowledge that our ability to police, monitor or enforce these No Smoking Rules, and similar rules. applicable to other residents of the Apartment Community, depends significantly upon voluntary compliance by you and any Occupants and Guests, and by other residents, occupants, and their guests within the Nonsmoking Areas. If you or any Occupants or Guests have respiratory ailments, allergies, or any. other physical or mental condition relating to smoke, you acknowledge receiving notice that we do not assume any higher duty of care to provide asmoke-free environment than the duty of any other landlord under any lease for premises where smoking is not prohibited. We reserve the right in the future to change this Pazagraph 44, including; without limitation, (i) to reduce the size or the number of Nonsmoking Areas or (ii) to designate additional apartment units as Nonsmoking Areas; provided that all changes to this Paragraph 44 will be effective 90 days after we notify you of the changes. Notwithstanding the provisions of this Paragraph 44, you acknowledge that you are responsible for complying with the Code. CENTRAL13 09 43 1 4 5.13 18 12/01!2009 UG/ UG/ GUlU 1V VU PnA VGU ODU lUVJ nRliRi71 V1vG L`lll£.RnLL rnAtl uJ vUtvi vvly ~~? a~ 73 m a c ARCHSTONEEMERALD PARK 5095 Haven .Place ~ Dublin, CA 94568 Phone: 925.560.1600 Fax: 925.560.1603 emeraldpark®archstonemaii.com Hibernia Drive Hacienda Drive = Non Smoking Units m 0 00 _c D ARCHSTONE s®~ ArchstoneApartments. com /.`JC`L O~ DUBf. F_ !- ` ` ~ ~ ~ ~ ~ ~? ® fr ,82 ANNUAL COMPLIANCE REPORT Smoking Pollution Control Ordinance DMC Chapter 5.56 Name of Property ~Yp`~~ ~ ~ ~~" ~ ~ - Date ti 2-1 ~ Zn ~ ~ Address ! ~ ~ F~'~--~- ~~^-K R,~ {~ ~ ~U~U ~~ lf-~ Zipcode ~ 4'S Total # of units in complex ZD4- Total # of buildings Name of person colmpleting survey: Phone: Elilail: ~~\ VI.L~I.j ~ ~Q-Q. ~-e~ ~~C1'-P~1 l CLW~ Position: Owner ~ropertyManager OOther (identify) Please. rh ec-lr ea rh }inx iinrlPr t}ir rliPrkm~rk +n inrli.-~+P T..»„- .-.,«.,..1:,..,~e .~.:.1..L ,.:.,.... `~ COMPLIANrE NOTES ~ COMIy1ENTS Date your tenants were notified of the ordinance -Section ~~ ~~~~ 5.56.055 A 3 . Percentage of units that are currently designated as nonsmoking. Note: None are required until January 1, 2011, Uut we would like to ]:now what steps have ~ /~ ~ w )-~ already been taken. Percentage of lease agreements that meet the requirements of V~2 ~ Q ~-~- ~~N/evt'i' Section 5.56.055(B). Note: None are re uired until Janua 1 2011 but w ld W k l C, ~ s )v1~ 1L 1 ~ uS q ry , , e wou :e to now w m[ steps.have alread keen taken. 1/~ ~ h S 1~ ~ ~~~ ~V LC , Outline your policies for addressing smoking related complaints: ~F G J.e.~l--em's v~~~s ~ ~ro~`ev~ -i-~ mss, L~h.LP/ ~ 1 G~ ~`~' W Q VJl l..t V~\ ~-l I~2 ~ t~ i' C~ v~ l 1'~l Q -~'~vt C~~ I `'`~ Y eN ~ 1~ 1 /~ 24- tit r~.iv> 1 sr' G ~" `~°~ vv~ .-~~ ~S I s'~ ~. S ~,1.,~ p -Eb G W v~ He v~ `~! °~ `/ /1 t t~Q tnp~l C._Q~ ~ V) Gt/~Gl S l '~~ Submit the materials outlined in Section 5.56.055(C). andlord Disclosure Indicate your compliance with Section 5.56.050(C)(6) and the Do you have a If yes, please describe % of total number of any designated smoking areas. designated outdoor area+that it encompasses smoking area? Y ~ and describe location. ~ I ~'1 - - ___ EEASIBILITI" Indicate the percentage of units that will be designated as % ofunits designated noa- / oFuniLC anticipated to be nonsmoking on January 1 2011. smoking as of 12/37 /09 designa[ed non-smoking as of , 1/1/11 ~~ Indicate your plan for implementation of the nonsmoking utlit re i t f 50% d h i 1QQ_SQ Q~y~~_y~-~-~ ~ 1 } ~ qu remen o an t e r accompanying lease agreements. ~~ I•,~ C:-4 ~ ~yG,,-e d ti ~ Z 2-0 -~~ /Co G~ 1 ~ I ?~01' Indicate any difficulties with the requirement that nonsmoking units be Conti ous. V~ ,p t~Q EFFECT - --- Outline any issues experienced or anticipated pertaining to the -- - im act of the ordinance on individuals or -ou s. ~ 9 /~ Please complete form and attach any documents and send to Roger Bradley at 100 Civic Plaza, Dublin, CA 94568 or to roger.bradle~ci.dublin ca us no later than January 31, 2010. Note: Please attach additional sheets to include the required or other pertinent information. i ~ .~,~ - ~ OF DUB /~ Gti~ ~ lr~ 1 /// 19~~1~~=ir),f8f2 //~/ ~~~~~~~ ANNCIAL COMPLIANCE REPORT Sm{~oking PoIIution Control Ordinance DMC Chapter 5.56 Name of Property } \~'~ "`~ ~ to ~~~ 'N` -s TAT l 7, tiJ ' Date ~ ~ 1 O Address S 3 ~~ ~ ~ ~ fl !~ ~ O ~.S (- Q.dF$£'~tL~.,{ P.~ ~ S `/ Zipcode ~ Total # of units in complex ~ ~ 5 Total # of buildings 1 Name of person completingvsulvey: ~'~ ~~~ ~~ ~1-~~~o~4~~hone~ 5Z- S -- 5 ~ ~ -O~ `3`l Email: _ ~ ~i`6~fr~_ '+~~TQ~~c( ~e C! (~~ic~~ ~~~~y,• c U~'°`~ Position: ^Owner Property Ivlanager OOdlex (identify) Please check each h~><,;nrlv,- the ~h P.-LAY...«L ~,..., ,7:..,.,._ _ _ ...._. _. _ ..t -..- '.: ~I k- fie:, f 4 -. .~. .._. _,.. t f'iE71{I2L`fANCE ~ ~ ~'~3sFT , r 7 -. I: _ "' IOTES I ~Q1yIM Date your tenazits were notified of the ordinance - Section 5 - ~ ,. ., .~ r ~~ ~~ .56.055 A 3 - c~ ~ Z©•p \ Percentage of units that are cul-xeudy designated as nonsmoking. i Note; None ¢re required until January 1, 2Qli, but we?ould lilac [o know what steps Gave already been til.en (~~ - ~ ~ Percentage of lease agreements that meet the requirements of Section 5.56.055(B). \i~I ~ ~.a ~ a~-- ~~,NO~ Note: None are required unh7 J¢nua y 1, 2011, but we would like Co Imrnv what steps.have ahead bern t k ~ ~ tiy ~•~ Into ~, M ~ ~ W ~-(' ~ S ~~ l di , r C Outline your policies for addressing smokuig related complaints: ~r D S a ~--~~ c z ~,,, ~ l~iti z\ E F- t l ..r ~ t;~~ cc w:\\ ~~\e- C ~ ~~~..clr- w ~ Y~r: e-h ~ ~ 2. ~ ° ° ° ~ j `-~ '^r .r i ~- -e.r`.r ~,,~r ti- ~." t.= ~ S y S ~.e~^~, ~ t., ~ 3~et:_ s ti A:, . sv 51:,-s ~ i 4 Submit the materials outlined in Section 5.56.055(C). andlord Disclosure Indicate your com liance ith S i 5 . p w ect on .56.050(C)(6).and the Do you have a If yes please describe °/¢ of total number of any designated srnokiug near. designated , outdoor areaithatit encompasses smoking azea? and describe location. ~ Indicate the percentage oFumts that wrll be designated as % of Darts des;gn¢ted non- i F nonsmoking on January 1, 2011. smoking ¢s of 12/37/09 O UN[F annGpated CO be design¢ted non-smoking ¢s of I /1/Il I di j /. S I ~ ~/ n cate your plan for implementation of the nonsmokin unit r i 5 ` 1 , E ~-Sc ~ r {~~ " ~ equ rement of 0% and their accompanying lease agreements - s `~' ` ~ ~ , ~Pr ~:.~ L ~ c ~ c..yQ ~ l rJ ~ T.- Indicate any difficulties with the requirement that nonsmoking unfits ~ ~ c.~ ~ e ~~ ~~ l Z'~ ~ be contiguous W ~ q ~ t"~t~ >~G'S' ~ ;~. i. ~ ktNS ti'~~5~ v~It beCsn! .... ~ < _ Outline any issues experienced or antidpated ertaini h ~~' ~ ,~ a ~, - - - '~`£~ p ng to t e im act of [he ordinance oti individuals or - ou s. Please complete form and attach any documents and send to Roger Bradley at 100 Civic Plaza, Dublin, CA 94568 or to roger.bradlev(a~ci.dublin ca us no later than January 31, 2410. Note: Please attach additional sheets to include the required or oilier pertinent information. xF~ ;:, .. ,, ::, rah ~ ~ ~~RZ~\~`n\~'°\Y`,. l~ ~~va1®n C O M M U N I T I E S ~'i 3Hr± ~ ~~ ~ Z ~~l CP3 ~,„ Feb 13`h , 2009 Dear Residents We would like to make you aware of an amended ordinance the city of Dubin has passed regarding smoking in apartment rental communities. The name of the ordinance is: Smoking Pollution Control Ordinance, and more information can be found on it at the city of Dublin website: www.ci.dublin.ca.us. Please also be awaze Smoking is currently prohibited within the outdoor common areas Among the new restrictions on this ordinance you should be made awaze of the following new policies that k911 take effect on Januazy I st 20 L 1 • 50%a of the units in all apartment complexes are required to be nonsmoking by January 1" 2011 • Smoking will be prohibited within 20 feet of windows, entrances, exits, and vents of nonsmoking units. • Smoking units are required to be contiguously grouped to the maximum extent possible On the reverse of this letter you will find a map with the future designation of smoking vs non smoking units. At this time there is nothing you need to do regardless of your location in the complex. Imolemerdation Schedule Avalon Dublin Station will begin a phased approach to this new law in order to be fully compliant by January 1`I of 2011. • We have designated our smoking vs non smoking units (reverse of [his letter) • We will add addendums in our ]ease per the ordinance informing new residents and renewing residents of the specifics of this ordinance (restricting smoking in certain units, clauses stating consequences of violation etc) by November i" 2009 Plan for Compliance • We will distribute our specific policies informing residents on how to deal with potential violations of this new law by December 1" of 2010. Violations wilt be dealt with via a progressive warning system. if there is a refusal of compliance it will eventually lead to an unlawful detainer. La the meantime if you have any questions about this law please feet free to contact the city managers office at 833- 6650 or visit the city website at www.ci.dublin.ca.us Respectfully Bardya obaie General Manager Avalon Dublin Station & Avalon Dublin Avalon Dublin Station 530o Iron Horse Parkway, Dublin, CA gp568 • Phone: (gz5) 560-0709 • Fax: (gz5) 5601339 www.avalondublinstation.com •E-mail AvalonDublinStationCclavalonbay.com ~a~ ~~ ~-- '®® Feb. 3. ZUIU 11:1/flVl Gamel lia Place e® ®® ® :® ^®~~ Q`~ OF~j D((~l~ 19~ -~ `82 ~~-~~~ ~ ~L~ ~./. IV U. V07U I I w~. ~~,_ I I ~R ANNUAL COMPLIANCE REPORT Srxloldng Pollution Conuol Ordsnance DMC Chapter 5.56 Name of Property C'.Y_~ty~r~U.-.~c~ ~IC~C~ ~ ~7YJl~.YI ~(~,~t'SLr ~~ ~ Date ~-~ L~ ~ ~ Address ~~ ~ Y-YI~~Gt-l g ~ Ud + ,a.,l~) C o~ Zipcodeq~Log Total # of units in ea~lea: 1 ~ 2- Total. # of buildings ~ Nalzie of person completizag surve3T ~~ ~~ l.L Pp11 PhoneQ'ZS-~SZG-y~rJO Lznail: \ _141n'~ - YYl-~rl i~A~~. L_ ~1~ H- YFi~I.IS~N L~ .IU~L-~ Position: OOwner C~Pxoperty Manager OOther (iclentifSr)` Please chec7c each h~x'titider the chec7rmariz to indicate vout rnmi~liance with the item. ..... , O LIAN ......,:,:,,.. . ................... ._.. .. .: .. ._ ,:.-_*,.;.; ,. -. ...C Irn~ ~r?n.. , .....~._.:.:, ~_, ....:... .:.:..:..,_;,;,....., ...m,:.,_., :. OTES':~ ENT9e= - N _-GtSltitri - Date your tenants were notified o£ the ordinance -Section ~STc~ ~P-~~C-~e~. l~fz- - e`-tG x 5.56.055 A 3 . ~ Percentage of units that are cvrzently designated as, norismolcing. , Note: None arc required until Tanunry 1, 2011, but we would lilcc to know what steps have ~ Q already been e-rken. Percentage of lease agreements that meet the i•equisernents of Section 5.56.055(13)- Note: None are cequised uncillanuary 1, 2011, but •ve would Bice to I:now what steps.have ~ ~~~ ahead been taken ' 1 Out]ine your policies for addressing smoking related complaints: (.~--~1 t~4.~~ Q~ ~n 1. t-~Y Y ~ . Submit the materials outlined in Section 5.56.055(C). andlord Disclosure ~'. ~-~ Indicate your compliance with Section 5.56.050(C)(6) and the Do you have a Ifpes, please describe % of total number of any designated smolung arexis_ designated outdoor a=ea~that it encompasses smoking azea? and descabe location. Y N ,... ..;:., - '.T:-' ;r.F. _ - - S ITiI - nsI - - -- - - - - - - Indicate the percentage ~of units that will be designated as % of units designated non- %v of units anticipated to be nonsmokizig on January 1, 2011. smoking as of 12/31 /09 designated non-smoking ns of 1 1/]1 Indicate pour plan for implementation of tic nonsrnolsing unit 1 requirement of 50% and their accompanying lease agreerents_ ~~~, ~p ~,~ :~ 1~~ C.~ tt~a~ O ~r (1+ Indicate any difficulties with the requirement that nonsmolUZig units 1 IhTCC~~w~.rrv-1...~Fv~- usA.i~-4 ovcz_ be Conti ous. ~~~ ~S ..., .. ';;•~,:.' ,~,~,,;" ~;.::- :.~~:,.,,:.: :,i1: ~.~,^ ,,,,, ,,: Outline any issues e.Ypetienced os anticipated pertauung to die ~ `~ ss osr im act of the ordinance on Individuals or ou s. - t~ -~1-iS 1 S ~-]iY~~"ICA,YJQ~sd- u Please complete form[ and attach nay documents and send to Roger Bradley at 100 Civic Plaza, Dublin, CA 94568 ox to rowel; bradley~ci dub in ca us no later than January 31, 2010- Noce: Please attach additional sheets to iedude the requited or other Pertinent information. ~. ~OFDU~ ~ l~ , ~~ Gti`S ~ pry +.,, E '.` f ~' .'. 111 111 e ~ O1 ~1.,~~ ~-, ~, `ILIFOR~ ~ ANNUAL COMPLIAI~?CE REPORT Smoking Polliutio~nJ~C~ontrl~ol(JOrdinance DMC Chapter 5.56 Name of Property ~~~~-~tv~~t-'~,/ `~'{t ~~~~~~ Date ~~~~~~~~ Address ~~~ ~UtiUl~~i,~~ L-E~~ ~~ Zipcode~~~~ ~ ~=~'" Total # of units in complex ,~ " I ~ Total # of buildings ~.-~~~ ~`/l%l ~~-~~ Phone.: ~~ j~ ~.~i'.",% "(~i~~ Name of p jerfson completing survey: f F" );lirail: [~~ir~I~~l~~"E' l ~ ~~t~~~ r ~EJ1~/!i v Position: OOwner !C~TProperty Manager OOther (identify) Please check each box under the checkmark to indicate your compliance with the item `~ - - _~ 'COMPLIANCE - ~U fES ~ COMNIENT$ Date your tenants were notified of the ordinance -Section ~ ' ~ / ! ~ ~ ~~ 5.56.055 A 3 . Percentage of urrits that are currently designated as nonsmoking. ~~„~ ~ ~ ~rn ~ Jti~ i ~ Note YNone are required until January 1, 2011, but we would like ro know what steps have ahead been [alien. ,~ ~` - `~~(~ ~ ~ ~ / ~~~ Jam! ~1 t' ..tt Percentage of lease agreements that meet the requirements of i' ~ fi~~ ~ ~ Section 5.56.055(B). ~Jt - j t, ~ ~ Note: N n i d il 1 2011 b o e are requ te unt January , , ut we would W:e to Imow what steps, have ahead been taken. -~} -1~ ~ ~ ~"L-F~ ~~~ti 3/i ~ C~~~ Outline your policies fox addressing smoking related complaints: ` Submit the materials outlined in Section 5.56.055(C). ~~~ `~~ ~;` t ~ ~i ` andlord Disclosure 1 1,t; ~ ~ --~`,~ •f~~ -_ ~~~1~ ~ Indicate your compliance with Section 5.56.050(C) (6) and the Do }you have a If yes, please describe % of total number of any designated smoking areas. designated outdoor area~that it encompasses J smoking area? and describe location. _ Y N - FEASIBILITY - Indicate the percentage of units that will be designated as ___ % of amts des;gnared aoa- % of amts aatidpared to be nonsmoking on January 1, 2011. smoking as of 12/3]/09 designated non-smolting as of 1/1/lt ~~ z~-i~-~~~ ~=.~-L~jV~,~ Indicate your plan for implementation of the nonsmoking unit '' 3~/'..I ~.I.~~~'I~~ r~ ~ ~ ~' ~ k~S Oti requitement of 50% and their accompanying lease agreements. ~ n i ~~ j ~,~ y i ~ l:~ v ~}y~1? v ~Z--p --~, l~~'F.! ~ 1~~ -;;,• I\+~ by t~`~' ~"i~l~ F ~ Uti.~ Indicate any difficulties with the requirement that nonsmoking utlits t-f.~'t,=~= _-~ J3-c~ Yr~-r Ye " be Conti ous. - ~,(~~f~ r>;rLcr ,, r v Outline any issues experienced or anticipated pertaining to the im act of the ordinance on individuals or o ~ ,,,.~, ~ - ~ ~ 1~' '~~~ ~~ ~'~ u s. Please complete form and attach any documents and send to Roger Bradley at 100 Civic Plaza, Dublin, CA 94568 or to roger.bradley(cl~ci.dublin ca us no later than January 31, 2010. ~~~ n ~' ?~ i Note: Please attach additional sheets to include the required or other pertinent information. i .,~ Dear Resident(s): We would like to take this opportunity to inform you of some exciting new changes at Cottonwood Apartments. As you are aware, our primary goal is to create a pleasant living environment for all residents and we are always trying to determine better ways to serve you. As part of this effort, we welcome residents input as you are in the best position to notice and detect 1SSlieS at the community. Recently, we have received inqurries as to the smoking policy and whether we plan to designate a portion of the community smoke-free. In response to your requests and in compliance with the Dublin Municipal Code, Chapter 5.56.055 (prohibition of smoking in multi-unit residences), we are pleased to announce that beginning January 1, 2010, 50% of the apartment community will be smoke-free. Violations of the ordinance will be considered a material lease violation, which may lead to a City fine and/or eviction. The units designated as smoke free will be grouped together; the designation of the smoke free units will be available to residents shortly. The main reason why we are providing such an extended notice period is so residents that do smoke can have a reasonable opportunity to address the issue. However, in the interim, all residents are still required to smoke in a courteous manner, meaning no cigarette butts discarded in common areas and proper ventilation. If you have any additional suggestions as to the betterment of the community, we welcome your thoughts and ask that you submit such suggestions in the rental box outside the leasing office. Thank you in advance for your anticipated cooperation in this matter. Should you have any questions or concerns regarding the above, please direct them to our office. Sincerely, Katie Brigante Business Manager Cottonwood Apartments (925) 833-0805 G ~ E t~ l ~-E~~. l~ r //I ~ 111 ~~- ~ i-tai 1~~,~2 A ._ ._ ~~(t s~,; ~,~,~-.pia.:, i` ~.~'~ k kt~,F ANNUAL COMPLIANCE REPORT Sm//--oking Pollu//t//ion Control /Ordinance DMC Chapter 5.56 Name of Property G/1i122G~Y~ ~~. !~ Date `~s//D~d Address ~~ Y7/ti-f',/11~~~ ~ . 1~~~~7 ~~L Zipcode ~~~~~ Total # of units in complex of ~ ~ Total # of buildings Name of person completing survey: ~ ~~a2~1 i ,! /J~YI dd Phone: ..~ ~ . ~ 7~ ~~6~/ Email: ~ D /O n'I ~?I ~ !) iYJ M e ~~'I L' GCS /~-~~ . ~ l~v? .~ Position: OOwner ©Property Manager OOther (identify) Please check each box under the checkmark to indicate vour comtiliance with the item `~ 'CONIPLLANGE NOTES ~ GOMMENTt; ~ 'Date your tenants were notified of the ordinance -Section ~ , tiD / 5.56.055A 3. ! j~_ vap9 Percentage of units that are currently designated as nonsmoking. s'~ o% C~ ~ Z ~C/~.(~ / v Note: None are required until ]anuary 1, 2011, but we would like to know what steps have . v~S /C{`);~ ~~~ ~/~~C! (/ S~10E.112~J already been taken. Jf ~ Percentage of lease agreements that meet the requirements of Section 5.56 055(B) ~ ~ ? j ~~ Q S~ Q~ S ~ 7 / . . Note: None are required until January 1, 2011, but we would like to know what steps, have ~Yl-e~ ~Qe~cc~u~-~~o ahead been taken. ~ - Outline your policies fox addressing sm oking related complaints: g ~ ~~Gt-C-C~ ~~/C[. (ft~ l~ L2 ~ t!.~~ , ,~ . ~ , s.~-~ d 3 ~~~ , ~ ti~ ~ ~ ~ ~~V.e ~/ Submit the materials outlined in Section 5.56.055(C). andlord Discloses e Indicate your compliance with Section 5.56.050(C)(6) and the Do you have a If yes, please describe % of total number of any designated smoking areas. designated outdoor axea+that it encompasses smoking area? and desaibe location. Y N FEASIBILITY" _- -- - Indicate the percentage of units that will be designated as ~_ /o of units designated nod i of units anudpated co be ~ nonsmoking on January 1, 2011. smoking as of 12/31/09 designated non-smoking as of 1/1/11 Indicate your plan for implementation of the nonsmoking unit '~ requirement of 50% and their accompanying lease agreements. ~ ~ ~ ~~ ~~~',L~S=G `J ~-~~~ / Indicate any difficulties with the requirement that nonsmokingunits be contiguous. /J'~ ,QJ EFHEGT - - Outline any issues experienced or anticipated pertaining to the __ im act of flee ordinance on individuals or ou s. Please complete form and attach any documents and send to Roger Bradley at 100 Civic Plaza, Dublin, CA 94568 or to roger.bradleyt'a~ci.dublin ca us no later than January 31, 2010. Note: Please attach additional sheets to include the required or other pertinent information. City Of Dublin Annual Compliance Report 1. First notification sent out to our residents on January 27, 2009 was a 60 day notice of change of terms to their lease agreement (see attached) also included was a non smoking addendum for those who currently were non smokers. (Also form attached). 2. Second notice sent out on April 15t" to those who had not yet returned the form, again we included the non smoking addendum. Gave a deadline of Apri125t" to return the forms. (Letter attached) Based on the addendums received back, this allowed us to choose our non smoking buildings. On May 14t" 2009 there were 136 units already in compliance (see map attached). 4. On May 14t" we designated 52% (192 units, 12 buildings) as non smoking. (See attached map and list of units that are handed out for new applicants and move ins) 5. As of January 19, 2010, 3341ease agreements include the "smoke free lease addendum". 6. We have not designated any areas in the community as smoking areas. 7. Our policy for addressing smoking related complaints; 1. Place a courtesy call to the neighbor that is smoking. 2. Send a letter confirming our non smoking policy 3. If resident has to be notified again, a 3 day to comply or quit is served. 4. If there is a 3`d complaint, a notice to move is then served. ak X73 January 27, 2009 Re: Change of terms Dear Valued Emerald Park Neighbor: This letter serves as a change in terms in our current smoking policy and an informative update on the new smoking ordinance passed by the City of Dublin. On December 2, 2008, the Dublin city council adopted an ordinance that modified Municipal Code Section 5.56, which is entitled Smoking Pollution Control. Specifically, the ordinance establishes new laws and regulations for the City's apartment rental housing communities that have 16 or more units. The ordinance went into effect January 1, 2009. For your convenience, a copy of this ordinance is attached for your reference. As stated above, this letter also serves as a 60 day notice of change terms in our community rules which will prohibit smoking in the following areas: Hallways, parking areas and stairwells All common area amenities o Within 25 feet of any building located within the community This policy will be enforced for all residents and guests. In order to comply with the ordinance, our goal over the next 60 days is to determine which buildings will be considered non smoking by the cities compliance date of January 1, 2011. At this time we encourage anyone who would like to voluntarily comply with this new ordinance ahead of the mandatory deadline, to sign and return the attached addendum to the leasing office. While we understand this change in terms may alter your current lifestyle, we must cooperate with the new policy to comply with the recently passed ordinance. With your cooperation, we can continue to provide the luxury living you have come to enjoy at Emerald Park. Please know that Emerald Park Apartments and Prometheus Real Estate Group have the best interest of our residents in mind. In the event you have any questions or concerns, please contact our leasing office at 925-875-0500. Piombo General Manager Emerald Park Apartments . ~e~~~ a5~73 ~ SM®KE-SEE LEASE AD~END~rM This Addendum ("Addendum") dated Febnzaty 1, 2009 is made part of the Rental Agreement ("Agreement") dated , 20 between Emerald Park Apartments ("Management") and ("Resident.") Resident occupies the apartment at _5050 Hacienda Dr. Dublin, Ca. 94568__ 1. Purpose of No-Smoking Policy. The parties want to reduce or eliminate (i) the irritation and known health effects of secondhand smoke; (ii) the increased maintenance, cleaning and redecorating costs from smoking, and (iii) the increased risk of fire and insurance costs associated with smoking. 2. .Definition of Smoking. "Smoking" means inhaling, exhaling, breathing, or carrying any lighted cigaz, cigarette, or other tobacco product or similar lighted product in any manner or in any form. 3. Smoke-Free Areas. To promote the no-smoking policy, the following areas are designated smoke-free: ® The apartment, including the balcony or patio ® Hallways, elevators, pazking areas, stairwells ® All' common area amenities _ ® Vdithin 25 feet of any b~..ing located v~nthin the community Resident, Resident's household members, and Resident's guests may not smoke anywhere in the designated smoke-free areas. 4. Resident to Promote No-Smoking Policy. Resident must inform guests of the no-smoking policy. 5. Other Residents are Third-Party Beneficiaries of Resident's Agreement. Resident agrees that the other residents at the complex are the third-parry beneficiaries of this Addendum (i.e. Resident's commitments in this Addendum are made to the other residents as well as to Management.) A resident may sue another resident for an injunction to prohibit smoking or for damages, but may not evict another resident. 6. Effect of Breach and Right to Terminate Lease. Management will have the right, but not the obligation, to enforce Resident's obligations under this Addendum. A material breach of this Addendum by Resident will be a material breach of the lease and grounds for immediate termination of the Lease. 7. Management Not a Guarantor of Smoke-Free Environment. Neither Management nor any of its managing agents guarantee or warranty Resident's health or the smoke-free condition of the designated smoke-free areas. Resident acknowledges that the success of Management's efforts to make the designated areas smoke-free are dependent on voluntary compliance by Resident and others. Furthermore, Management reserves the right to change or eliminate its smoke-free policy in the future. ~. ~ ~~ ~. Effect on Current Residents. For properties other than new lease-ups, residents currently living in designated smoke-free areas under previous leases may not immediately be subject to the no-smoking policy. As current residents in designated smoke-free areas enter into new leases, or convert to month-to-month tenancies, Management intends to implement the smoke free policy as to those residents. As current residents in designated smoke-free areas vacate, Management intends to implement the smoke-free policy as to those units. Date: Resident Date: Resident Date: Resident Date: Management April 15, 2009 Re: City Of Dublin's Smoking Ordinance Dear Resident, ay ~~3 On January 27, 2009 we sent out a letter regarding the new smoking ordinance for the city of Dublin. At that time, a smoking addendum was also attached for your convenience, and asked that it be signed and returned to the Emerald Park Leasing office. We are once again reaching out to those that we have not heard from. If you would just take a few moments, complete the attached addendum and return it to our office no later than April 20, 2009 we would really appreciate it. We have until April 25~~ 2009 to determine which buildings will remain smoke free. If for some reason you are unable to drop it by, we would be happy to pick it up for you. Just sign the addendum, give us a call, place the addendum back in the bag that we delivered it in and hang it out side your front door. In the event you have any questions or concerns, please contact our Leasing office at 925- 875-0500. We thank you in advance for your cooperation. Sincerely LeAnn Piombo General Manager .. ~ lr-C~ I ~~l_ ~ i~C" ~ C ~~ -=-~~1 ~ LL ~ ~; !:~ ~ ~ Z,°.~ b't..e1r er~ '~ Q `''~ 2 I (~4 ! J `I 2028 20362018 2026 2037 2016 2027 2034 GAR 2024 ~ 2014 2032 2022 2031 `012 2021 "J 2332 2334 2322 2324 2336 2326 2338 2328 2312 2314 2316 2318 2331 2321 2337 2327 GAR GAR 137 J31° r ~lzl~ W GAR~~^-~~~~ ~q/ X734 GAR 132 ~ 126' ~ 8 ..116 124- ~Ild 112 0 a 0 Z MAIN ENTRY ROAD W V Q 232 234 222 224 236 226 238 228 SGT ~F, p ~~F ' ~'o l _ 1918 fl !~ ~'vt~ 1 PUTTING J GREEN INFORMATION CENTER RESIDENT ~ ~ ^ GARDENS VOLLEYBALL merald ~%ark LUXURY APARTMENT HOMES 1532 7534 1536 1538 1522 1524 1526 1528 1512 1514 1516 1518 CARWABH 1531 1537 1521 1527 ~ n GAR GAR I1 W a z c: W m CENTRAL PARKWAY ® 5050 Hacienda Drive • Dublin, CA 94568 • 925-875-0500 • fax 925-875-0305 2028 20362018 2026 2027 2016 2034 GAR 2024- ~ 2014 2032 2022 2031 2012 2021 ~ 2138 2128 2137 2118 2127 2136 GAR 2126 2116 2134 2124 2114 2131 2132 2121 2122 GAR 2112 ~'F: ~. SG~~F t ~~ R c Y,. ~ ~ ~ ;, ' lF~O / :: l SC 1 }"1 ~' °~~ ~ , 2232 ~ `~~' 2231 2222 2221 2272 _v~ GAR 2234 2224 2214 2236 2226 2237 2216 2227 2238 GAR 2228 2218 2332 2334 2336 2338 2322 2324 2326 2328 2312 2314 2316 2318 2331 2337 2321 2327 GAR GAR `~ ~ - 0 a 0 Z MAIN ENTRY ROAD W a 222 224 '26 228 ~ `. ~ ~~ ~ ~•~. ~ __ .. s~,. GD E~V~~~~~~ ~~ PUTTING GREEN INFORMATION CENTER ~ ~~ ~I r Q 4 p. .~~ RESIDENT I ~ o GARDENS VOLLEYBALL ,~ N merald ~~~ark LU\URY APARTMENT HOMES 1532 1534 1536 1538 1522 1524 1526 1528 1512 1514 1576 1518 CARWASH 1531 1537 1521 1527 ~ n GAR GAR II ' 1437 ~ 1431 ` 1427 1421 GAR GAR 1438 1436 1434 1432 1428 1426 id24 1422 1418 1416 1414 1412 f ~ =~ .-4 ~~ 0 a z oG W 2 CENTRAL PARKWAY ~I, ~ ~' a 5050 Hacienda Drive • Dublin, CA 94568 • 925-875-0500 • fax 925-875-0305 NON SMOKING UNITS `~" 112 812 1212 1712 114 814 1214 1714 116 816 1216 1716 118 818 1218 1718 121 821 1221 1721 122 822 1222 1722 124 824 1224 1724 126 826 1226 1726 127 827 1227 1727 128 828 1228 1728 131 831 1231 1731 132 832 1232 1732 134 834 1234 1734 136 836 1236 1736 137 837 1237 1737 138 838 1238 1738 312 1012 1312 1812 314 1014 1314 1814 316 1016 1316 1816 318 1018 1318 1818 321 1021 1321 1821 322 1022 1322 1822 324 1024 1324 1824 326 1026 1326 1826 327 1027 1327 1827 328 1028 1328 1828 331 1031 1331 1831 332 1032 1332 1832 334 1034 1334 1834 336 1036 1336 1836 337 1037 1337 1837 338 1038 1338 1838 512 1112 1612 1912 514 1114 1614 1914 516 1116 1616 1916 518 1118 1618 1918 521 1121 1621 1921 522 1122 1622 1922 524 1124 1625 1924 526 1126 1626 1926 527 1127 1627 1927 528 1128 1628 1928 531 1131 1631 1931 532 1132 1632 1932 534 1134 1634 1934 536 1136 1636 1936 537 1137 1637 1937 538 1138 1638 1938 ADDENDUM TO RENTAL AGREEEMENT SMOKE-FREE LEASE ADDENDUM This Addendutn ("Addendum") dated 10/01/2009 is made part of the Rental Agreement ("Agreement") dated 10/01/2009 between Emerald Park ("Management") and * CALIFORNIA SUITES INC ("Resident.") Resident occupies the apartment at 5050 Hacienda Dr. #0137 Dublin, CA, 94568. 1. Purpose of No-Smoking Policy. The parties want to reduce or eliminate (i) the irritation and known health effects of secondhand smoke; (ii) the increased maintenance, cleaning and redecorating costs from smoking, and (iii) the increased risk of fire and insurance costs associated with smoking. 2. Definition of Smoking. "Smoking" means inhaling, exhaling, breathing, or carrying any lighted cigar, cigarette, or other tobacco product or similar lighted product in any manner or in any form. 3. Smoke-Free Areas. To promote the no-smoking policy, the following areas are designated smoke-free areas: ^D The apartment ~ The building in which the apartment are located ^D All common areas ^D The entire complex, including individual units and common areas except the following areas: None ~ Resident, Resident's household members, and Resident's guests may not smoke anywhere in the designated smoke-free areas. 4. Resident to Promote No-Smoking Policy. Resident must inform guests of the no-smoking policy. 5. Other Residents are Third-Party Beneficiaries of Resident's Agreement. Resident agrees that the other residents at the complex are the third-party beneficiaries of this Addendum (i.e. Resident's commitments in this Addendutn are made to the other residents as well as to Management.) A resident may sue another resident for an injunction to prohibit smoking or for damages, but may not evict another resident. 6. Effect of Breach and Right to Terminate Lease. Management will have the right, but not the obligation, to enforce Resident's obligations under this Addendum. A material breach of this Addendutn by Resident will be a material breach of the lease and grounds for immediate termination of the Lease. 7. Management Not a Guarantor of Smoke-Free Environment. Neither Management nor any of its managing agents guarantee or warranty Resident's health or the smoke-free condition of the designated smoke-free areas. Resident acknowledges that the success of Management's efforts to make the designated areas smoke-free is dependent on voluntary compliance by Resident and others. Furthennore, Management reserves the right to change or eliminate its smoke-free policy in the future. Resident Date Resident Date Resident Resident Date Date Resident Manager Date Date 31 c~ 73 ~~'~ , /// ~ X11 19~~~~7p)82 ~~~~ ~ ~. ~'~rFOR~~D _ AN1V[JAL COMPLIANCE REPORT Sm~olfl" ng Pollu~tio/n Control Ordinance D/MC Chapter 5.56 ~ Name of Pxoperigy l/lJ~,riy~ /~/ ~ ~Q~f-j/77~ Date ~/~ Z-7l10 Address 7T I ~ ~JJzD~Gt.~. ,~j'/ t/Q ~G~j~~ ~ ~~ j p / Zipcode~ a Total # of units in complex ~ ~ Total # of buildings Name o.f person completing survey: ~/(./7 iPi ~i~i ,/-7/ h Phone: ~~~ '~`1f~ `~~~~~ Email: (~/Z/1/C~/G~Q~~~'Opp1'~z, /?~O/~ ~/J'7 /, Position: OOwner ^Pxoperty ManagerOther (identify) ~5/,S!:~~,~%~-~,z~;/~ ~f 2Gj^c~E~~/ Please rhvrk P_.-1, },.,.,,;.,,7o«.L.e ~l_,._i_.___t_ ~ _ i:. '- ------~-~-~y _ w~ _ _ __ _ CO~LI~Cl; ___ ui.c wlul utc 1LCZi1. '_A~OIES ,' ~OIvIIvIENT~ _ Date your tenants were notified of the ordinance -Section ~/ 3/ z v 5.56.055 A 3 . /D o - Percentage of units that are currently designated as nonsmoking. Note: None are required until January 1, 2011, but we mould like to ]:now what steps have already been [alien. S/~ `~ ~ C ~ Percentage of lease agreements that meet the requirements of j V Section 5.56.055(B). o~~ Note: None are required until]anuary 1, 2011, but we would like to know what steps have ahead been taken. ~ o Outline your policies fox addressing smoking related compla±n_ts: ,~s/d~~~Qs~ ~-t~~~ No -s~~ G~~ ~ ~-~~~~~. /~.~~P.~;.~ C6r~~ /~ ~ ~6s~~er s ~.~~ v~ d ~~-.>y /t-u-1'P~ Q.t~_ ~rc~%r~ 2ic-cam- . Submit the materials outlined in Section 5.56.055(C). andlord Discloses e Indicate your compliance with Section 5:56.050(C)(6 and the number of any designated smokin areas. OB ~ o~ o w- g / ~C25;-'S Do you have a desi at n d If yes, please describe % of total td / /1 aft-C Q~irre~ S fin. /VO -fit f-~T'r~.- S/KD . /~Ow - ~f ~ g e smokin area? ou oor area: that it encompasses . and describe location ,o~~~, a~ 5~ Na S~k~ 2Kyr~L~..p_ ~ Trr D ~. S/6 ~/ />c v S S e0h` 6 ~ ~$ ~ . ~ -o, _ , N i i / i/ Y __ I'E~',SIBiLITF - I - - _ Indicate the percentage of units that will be designatedas ro of unrts designated non- %o of units anticipated to be nonsmoking on January 1, 2011 j O J smoking as of 12/31/09 designated non-smoking as of 1/ 1 /1 1 D L% / //``~~ ~/~y /~ Q/ /C/~~O ~" `~ / O Indicate pour plan for implementation of the nonsmoking unit requirement of 50% and their accompanying lease agreements. ~ ~ ~o> ~/ ~'r~~ s Indicate any difficulties with the requirement that nonsmoking units be contiguous. . ~s~ h ' /~/~~~ I Eh1~F.c r - - --- Outline any issues experienced or antidpated pertaining to the im act of the di i ~ ~~ ~ --- or nance on ndividuals or ~rou*s. Please complete form and attach any documents and send to Roger Bradley at 100 Civic Plaza, Dublin, CA 94568 ar to xoger.bxadley~ic ci dublin ca us no later than January 31, 2010. Note: Please attach additional sheets to indudethe required or other pertinent information. P ~ www.abprop ent Inc 6280 W. Las Positas Blvd., Suite 230, Pleasanton, CA 94588 * (925) 846-8119 * Fax (925) 846-7008 To All Residents At Evan Allen Apartments 7491, 7495, 7499 Donohue Drive Apartments #1 through #20 Dublin, CA 94568 March 20, 2009 Re: Smoking Pollution Control Ordinance --- Addendum to your lease/rental agreement ]Eft'eetive I~rnediateD~- m mt.com ~~ ~ ~ On December 2, 2008, the Dublin City Council adopted an ordinance that modified Municipal Code Section 5.56, which is entitled Smoking Pollution Control. This ordinance established new laws and regulations for the City's aparnnent rental housing complexes. Please note the following: 1. As already stated in your lease, there is no smoking allowed inside your apartment. 2. Smoking shall be prohibited in all common areas; entrance and exit areas and within 20 feet of all windows. 3. Enforcement shall be implemented by the City Manager and controlled by any owner or manager of the properly. 4. It is unlawful for any person to smoke in any area restricted by the provisions of this ordinance. Any person who violates this ordinance is guilty of an infraction punishable by a fine not exceeding $100.00 for first violation, $200.00 for a second violation within one year and $500.00 for each additional violation within one year. In addition to violating the ordinance, you would be not be in compliance with your lease/rental agreement and could cause the termination of your lease/rental agreement. if you should have any questions, please call me far clarification. Sincerely, Connie Martin, Assistant Property Manager Apartment Community Director 84 Pro Management, Inc. 6280 W. Las Positas Blvd., Suite 230, Pleasanton, CA 94588 * (925) 846-8119 * Fax (925) 846-7008 To All Residents At Evan Allen Apartments 7491, 7495, 7499 Donohue Drive Apartments # 1 through #20 Dublin, CA 94568 January 4, 2010 REMIlVDER NOTIFICATION WITH INSTRUCTIONS TO FILE COMPLAINT Re: Smoking Pollution Control Ordinance 3~ ~~ ~ On December 2, 2008, the Dublin City Council adopted an ordinance that modified Municipal Code Section 5.56, which is entitled Smoking Pollution Control. This ordinance established new laws and regulations for the City's apartment rental housing complexes. Please note the following: As already stated in your lease, there is no smoking allowed inside your apartment. Smoking shall be prohibited in all common areas; entrance and exit areas and within 20 feet of all windows. Enforcement shall be implemented by the City Manager and controlled by any owner or manager of the property. It is unlawful for any person to smoke in any area restricted by the provisions of this ordinance. Any person who violates this ordinance is guilty of an infraction punishable by a fine not exceeding $100.00 for first violation, $200.00 for a second violation within one year and $500.00 for each additional violation within one year. **If you observe someone violating this ordinance, please immediately contact your resident manager at 925-803-1813 AND contact AB Property Management, Inc. at 925-846-8119. In addition to violating the ordinance, you would be not be in compliance with your lease/rental agreement and could cause the termination of your lease/rental agreement. If you should have any questions, please call me for clarification. Sincerely, ~,' ~~- Connie Martin, Assistant Property Manager Apartment Community Director G~~ OF DU~~2 /If~ ~ 19 ~,~r82 ~,~~~dd~ ~LIF'O'R~ ANNiJAL COMPLIANCE REPORT Smoking Pollution Control Ordinance•DMC Chapter 5.56 r--- . Name of Property "~ l C<<1C's ~ , 4 ~i'\li `~-} ~•-(~~`-~ (~ Address 1"~~~G~` C\C' ~~,_(~` ,~>~~ ~~,,~\~r1 \'~ Date__~~~ -- ~ C n, Zipcode `~ ~" 5 ~ ' Total # of units in complex _ ~ 6{{ ~~ _ Total # of buildings '"1 - _~ Ca`~G c-~1 ~C~ Name of person completing survey: l~~ ', ~C3. \ -F tc~Lt,e -t phone: ``~ -~-~ - ~,.-,! ~ - ~ ~ 4; ~--^ _ ,, Email: YC~ '~t~~~-i ~TT^~E~~ t ~ : a • l _C.\ ~,~ ~ ~`~ ~-~ • LG {~ Please check each box under the checkmark to ;nri;ro+A ,,,,,,« ,-,..,.•..r.,.~_.. _~~L .L _ _. ___ `~ --- ..-. COMPLIANCE.,.,;;~ wiw w.c •tctu. NOTES ~ CON1IvIENTS bate your tenants were notified of the ordinance -Section ~ 5.56.055 A 3 . ~' ,~~ Ll1 ~{j~c-~ Percentage of units that are currently designated as nonsmoking. ~ // Notr. None arc required until January 1, ?011, but we would like [o latow what steps have already bern tal:rn ~ l/ w ~ ' Percentage of lease agreements that meet the requirements of V Section 5.56.055(B). Note: None arc required until January 1, ?011, but we would hke to knrnv what steps. have alrcad bcrn rakrn. ~;L~ fJ Z Outline your polities for addressing smoking related complaints: ~l~` tC~ ~~x1 ~ C~~(..``~ 1~' ~L ;-' ~C"~~E.. ',fit ~'1\~-k~..5 C't `J C-P~l~« ~~ ,~ ~ '~C~ -~~~til tip, ~~--~ 0~- ~~n C. ~ (.~ / V Submit the materials outlined in Section 5.56.055 (~- s i -i~\E ~~~Te"' ~'~` andlordDisclosuxe - ' Indicate your compliance with Section 5.56.050(C)(6) and the Do you have a Tf yes, please describe % of total ~ number of any designated smoldxig areas. ~ l~`~C~~-{ f'~C~ ~~ k-} (~;'~'~l~t•}~~ ~ }'t ~~~ designated smoking azea? outdoor area+that it encompasses and describe location. C,D(t~hLR ~e.lcs--~ Y' N _,' : £''EASIBIIdTY Indicate the percentage of units that will be designated as nonsmokin 1 20 1 % of unict designated non- smoking as of 12/31/D9 % of uniq anticipated to be dai natcd n n ki J On an , 1 . ,u~ J uaIy g o -smo ng as of 1/7 /11 1 J ~~t D V Indicate your plan for implementation of the nonsmoking unit requirement of 50% and dzeir accompanying lease agreements. (Jv~ l ~r'C~`~•~i n ~~l ~"' Lv t~' \v~4.:r~~-,:~:~. ~iV~~X~.l.-~ Indicate any difficulties with the requirement that nonsmokin units g be con ~ ous ~ ~ ~~t~S-~'i1:c~.tcr_: Gr ~Co~~.f~-` ~i~ ~, . ~~E~ECr' ~~ `/ Outline any issues eeperiettced or anticipated pertaining to the ~r~?'c-, ~~ pC-CV i~•-- .-`~ im act of the ordinance on individuals or Y `" E ~-~ ou s. OSS ~ _ ,. ~ G~ Please complete form and'attach any documents and send to Roger Bradley at 100 Civic Plaza, Dublin, CA 94568 or to ~ger.bradlev(a~ci.dublin ca us no later than January 31, 2010. Position: DOwner Property Manager DOther (identify) ~ ~~~ Note: Please attach additional sheets to include the required or other pertinrnt information. T ~ ~ ~ AT DUBLIN RANCH o^~ ~~?~~ ~-~ 4161 Keegan St. • Dublin CA 94568.925-829-2916 (--~ L7R,-: V.Ls www.TheGrovesAtDublznRazxch,com ~~QUE', March 30, 2009 Dear Residents, Per The City of Dublin we are required to inform you of a new ordinance that was approved on January 1, 2009, and will come into effect on January 1, 2011. With this new ordinance 50% of our aparkment homes will be required to be non smoking. This is in addition to the policy already in place that all common areas be non smoking. Common areas include thegarage, pool area, walkways, laundry rooms, garbage areas, etc. At this time the ordinance is new and we will be working on determining the most appropriate solution to abide by this newest change. Should you have any questions, coirunents or concerns please feel free to contact the office at your convenience. Respectfully, The Groves At Dublin Ranch Management Team 3G ~ 73 .z OP bti3 G~ •~ sf1l '~gf~i~~ 1~~~ ),~ r.~.r. r ~~ ~L~TC]'AL C~l'£Z'T.IA~~~ REPQIt.i Smo?dug Pollution ~antrol Ordinance ]7~'£~ ~haptex 5.55 ~Iar,~e of Prop ~ {]~ nddres~t~~ r~~nr~siar~ ~ ~U~~?x1_.._~__._......_ . _. Date ' ~~~ ' i b %ipcode~~ ~~~ 't'otal ~`• of units ix: complex ~~ ~ 'Z'otai ~ or buildiaz~s_.._. lti a.~e o£ pets on coznplecirg surtre; : Z ~ ~ r~ ~ ~ Phane~i ~~ ~_~+ - i ~o~ ~zoail:l ~11'1~L.{~'n~. ~ ~~ ~f ~~1C-r'~'~ CO'fYl Position: O~CCmcr *_opexq~ l~ianaget ~IOrr~t fidentif;,;~}nrlt l L` £'lease cnecl. each box undex the checkmxrk to :sadicate ^oux compliaace ~:-ith dte :tear, `' '::G~M['LIANCE~'• '~iE; ;i~ ' , :ItiGx~s'/ G0:~1,~iti _s.:; ;.;: - /I}ate ~~O.7x tCI1&SITS'lir~C aaC~Cd o£rl:e ord'nanee - Secrioz V SSG.D55'S."3'. ~ fj~'~~~ 2~ ~ Percer~ige o£;a1i~ chat are C',:x~en.dy d~sia.-.arc as nonsnokaszg. / ' V Vote: tti nne •+:t f0aU1: ed u: C] 1: - uax • : ^~ }l : :7u: r~ a lc lik ~ • . . . _ ? , . , ~w t: c w 1;[.cw r.•::: s_.?shire in:y9y been ~kcr~ ~ !rv , ~ . t•' ° ~ , ~ Pe`.centage of lease ~eements di~.t meet tae xequxemex~ts of ' ~ Secdon 5.3G.D55~ a;. F~i p t ~ P:occ V one ~~ ;x~ueC ~ar.~jan•_sr/ 1, ~O11, hat u^c nrnid;i:xC tv 1z1ou.~ what sit 7t5vc ~ + ~ Jtca , bch ta7:-~, i Outl.'xye potu polir~s £oz adcressino• smci: ;ryg xelatpd comDla:Yit~: ~ a..a c~ ~~u~- ~EC~1't~ c~cx lJrndk cs,.~ k~ ruk~4 St:bztit the mattti,-t:s outlii~.n Section 5.55.055•,01. ' ` ' [ S.aodlord Dksclostt_e ~j ~ ~ ~~ Indicate }-c>< com kaxlce a:u: Sec~on 5.56.050'0"~ p ~ ll~~ and Le 7?0 ca have :. Xf ~ es, 7-cast describe % o.C iota' n•.izz:.ber of and dcs:~^;tateci smoking :~eas_ ~ deei~sced suxcLing rtes? . oLtdoox s.-ea,rka: is ricompasscs aad descn-~elpcslca. 1 ~~ ~- ~ - : ' Y N - i ...: .. : PEns~ ' zadcca:e t1e peecertage of Lnits r"-,t ~t~l be GC?S~natEd AS %'= a':ria d ~:~,vo~ :^n- Se o`•:ni~ an7d~wxe x h; " ~ s`nossk, av of 1?; 3;; 07 deal-ca:~ nor sm^'-. ,.s aF r.Onsrcoliiag on]an-~:x,-cr ;., 2011. b `ns" i ~ :alit ~-^~ ~~ lJ ~ Indicate fox plan for implemezxtadon of :hc so:w;x,.olcng un:r ~jtd~2~~ ~4. ~ ~~ ~~~ rccY uireme~t of SD% and ;het" accomna i l . rg ny ease agreemes~. 1 - . W ~ ' ~ - .1~ l rt:lcate aac difEculxes with the require~e "t that ronsr.~ol;iag units . ~a be coati -our. ~re ~j /,6$"j ~ ~;:,. , ",..: i ! a O~rsne atiy issues expcxicncec or antzclpa.ecd pe^.taizxine to tl~e ~~GtG,ds~~.e~-_..-. ' ~` :moan of ti:e otdirsr_cc of iadicacaais or ~roLps. • ~~ ~~ ~ ~ ~ S'lease cotnpleG: ~ozir_ and'attach alxr docuLnenrs and send to Roger $rad;esr at 100 Civic S'laza, DLbli., CA 94568 ox to rg rac~Ic~`a"?~i dttbliz cam no later ;ban Januan 31, 20`•_0. Note:1e~~ at~ca ade:aars: shceta :o :acladc :l:c rm~i:ircd o. orh~ ;riura:r.::rtotnato>L 3-~ ~-~~ .~ ~~~ ~ ~ ~~ ~~Q~;'~ A'Z' 37~~~ RANG~-I 3115 F3ATNIAN WAYf ~U$LIL+I, ~A 94.~F~8 1'HOI+~: 925 56f~-t396a ~A~. 92.E Sfi~-3384 b~'Iarch 30, u009 Dear P.esidents. Per The City of Bu.blin the are required to inform you of a new ordinance that was appro~~ed on January 1, 2009; and w211 come into effect on ]'anuary 1, 2011. ~{Tith this nett- ordinance ~0°'u of our apax~,ment hnznes will be required to be non smol`ing. This is in addition to the policy already in place that alI common areas be non smoking. ~antnxon areas include the garage, spa area, wallc~t~a.~s; laundry roams, garbage areas. etc. At this rime the ordinance is nev+~ and w~e gill be working on deter7ninina the most appropriate solution to abide by this newest change. Should ,eau pare any questions, comments ar conceircxs please feel free to contact the o~XCe at }your cozt~°c~nience. Respectfully, The Crroves At Dublin 1Lanch Managzment Test ~~~ ~~b~7~ 3~ ~ 73 ~~~OF DU~lr ~ ~~;~i`~6 J /// 19\e~~~~2 ANNUAL,COMPL711NCE REPORT Smoking Pollution Control Ordinance DMC Chapter 5.56 Name of Property ~\: n~1~'~;~v-SZ ~ `('cam,` 1~1~riu'~~ti1e~~~j Date ~ ~ ~ .~~~(.C // --~ J / Address_fpr~.,~-~ \Jr ~' ~ ~.~C.~ ~ t~ c ~,--v~~ ~ t ~ ~ t h 1~~ Zipcode~yS Total # of units in complex J / 7 ~ IJ Total # of buildings q ,/ Name of person completing survey: ~«`tb~ ~'r~ r.~;y,- -~ Phone: UPS " ~w~ U`f ( 1 Email: , ~.. ~ ri~~ c,Y'~~ ~ r., ; ~ ,~ ~ t~ c - 4 •- :. ,g , C'.-i; tl'1 Position: ®Owner ®P operty Manager ®Other (identify) Please check each box under the checkmaxk to indicate your cr,mt,liance wirh the ;rP,,, `~ _ - -- ' CONIPLIANGE _ _ NOTES ~ GOIvav1ENTS J Date your tenants were notified of the ordinance -Section 5 56 ' . .055 A 3. `~ r~ ~ 1 O Percentage of units that are currently designated as nonsmoking. J Note: None are required until January 1, 2011, but we would Gke to know what steps have already been taken. ~'] _ Percentage of lease agreements that meet the requirements of Section 5.56.055(B). `/ Note: None are required until January 1, 2011, but we would like to know what steps, have atread been taken. r~ (7 V ~~ - Outlineyour policies for addressing smoking related complaints: ` i t ~ ~ ,,' ~) -~ ~~, - ~~~ . 1 Y i~-L._ r\.E.e~t-t~'n~_L- r~%Cr{.-L_ ~~~~L3'`'~~. t.-a„~~Y~.: CSL- JLIiS'~'"i1.~1.tZ'~~el / ~,('.t'6'k:e.J~.ri ,'~^..L'--~1-t_ G( J ~ r ~ ~ { nIf ~~~~~ ~ .C JI.~ S w'[~tJ~-~. ~~.vr W ~(~~./}~ ,~..r~i C~=~ i ~~ -c-],Fi1~~a:~W~ ; F~U~I~ U/I }~.t~'~(~ lJ ' ^ ' - , - ~ - C , '/ ~ ..~"c~/~ v.1m..~ ~_QJs,$J~,~ ,/ ~G r`~^'~- ~~' ~ l~ ~--C.C.(~ VV /I !~ ~/ Submit the materials outlined in Section 5.56.055(C). ~~ ~~~~~~N~2_~, ~ ~~,.~~ andlord Disclosure .~ n } ~ Indicate your compliance with Section 5.56.050(C)(6) and the Do youhave a If yes, please describe °/ of total ` number of any designated smoking areas. ~' `~` S ~ t, ~~ 11 ~; J-&~ ~ ~~ti ~-~ ~i-„~ N ~,_~,~~tij~.~.~ r 6 designated smokin area? g outdoor area+that it encompasses and describe location. J ~ ~ ~ ~ ~ - - FEASIBILI"I'~ ,_) ~, - Indicate the percentage of units that will be designated as % of units designated non- % oFun;cs an[idpatea to be nonsmoking on Janua r y 1, 2011. smoking as of 12/31 /09 designated non-smolang as of 1/1/11 'J~ ~ f ~ ~~ G ~~ ~~ ~ - Indicate your plan for implementation of the nonsmoking unit ~ - N~ 1' 2-~ ~ ~-'~~~ inn^~f'E? S ~a,~s requirement of 50% and their accompanying lease agreements. / Indicate any difficulties with the requirement that nonsmoking units ~ v - ~ J be Conti ous. ~lr h 1,1~ EFr;ECr _ -- / / Outline any issues experienced or anticipated putaining to the i f h i tea. ~~,.~;~- ;~ ~ l n5 ~' ~vwokl m act o t e ordinance on individuals or -ou s. 1 ~ S 1 ~ e ~ E,rc:-L-7m:. ~'~s^r LL i`\G r1-SY1'~.b }<i t-(.Y~-1'~ ~ Please complete form and attach any documents and send to Roger Bradle at 100 Civic Plaza, ~~~ Dublin, CA 94568 or to roger.bradley(a~ci dublin ca us no later than January 31, 2010. Gtti~ ga„.~,~•;~ Note: Please attach additional sheets to include the required or other pertinent information. ~ ~\' G"t~"~'~ ~~ ~ YL~+~ 3~ ~-13 .~ ` >;~ - - -- f ~ ~ - - - -- r ~ - ~~- - ~ -- ~ x; ~ ~ . - - ~ Nv _ - -- ~~ *~ . ~~~ r~ - ~ w ~ ,, ~;- - - - -- -- ~- ~. s ti ~ '- { j r yr= i~, - - Cr i; ~.. ~.. -~ ~ ~; r f:~..._~ _ 3 _- _ r f ~~ ~. `~ ~~~ ~ - - - _ - - - Jr : ~~uX: - ~, ~~ tl{3_UGH~RTY R.DAD __ .,... ~tl ~~3 SMOKE-FREE AREAS ADDENDUM This document is an addendum and is part of the Rental/Lease Agreement, dated January 10th, 2010, between Ironhorse Trail Apartments (Owner/Agent) and -f~trmar (Resident) for the premises located at 6253 Dougherty Road #Dublin CA 94568 Purpose: The parties desire to mitigate (i) the irritation and known health effects of secondhand smoke; (ii) the increased maintenance, cleaning, and redecorating costs of smoking; and (iv) the high cost of fire insurance for properties where smoking is permitted. 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 Residents and members of Residents household shall not smoke tobacco products in these areas, nor shall Resident permit any guests or visitor under the control of Resident to do so. Smoking of tobacco products is prohibited on the entire property except the following areas: Building #1, Building #2 Buildirg #3 and Building #4 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 of outside of Resident's unit. 4. OwnerlAgent Not Guarantor of Smoke-Free Environment: Resident acknowledges that owner/Agent's adoption of Smoke-Free areas, does not make the owner/Agent guarantor of the Resident's health or of the smoke-free condition of the are listed in section 3 above. However, Owner/Agent shall take responsible 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 Beneficiaries of this Addendum: Owner/Agent and resident agree that other Residents of the property are the third party beneficiary 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 Owner/Agent. 7. Disclaimer: Resident acknowledges that This addendum and Owner/Agents 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 area or Residents will have any higher or improved air quality standard than any other rental property. Owner/Agent cannot and does not warrant or promise that the Rental Premises or any other potion of the property including common areas will be free from secondhand smoke. Resident acknowledges the Owner/Agents ability to police, monitor or enforce this addendum is dependent in insufficient part on voluntary compliance by Resident and resident guests. 3. Effect on Current Tenants: Resident acknowledges that current residents of rental community under a prior Rental/Lease Agreement will not be immediately subject to terms of this addendum. As Residents move out, or enter into new Rental/Lease Agreements, the Addendum will become effective for their unit or new agreement. Owner/. 19f d_ _~ `~ ~~~~~~/ ~~ir~oR~/ ya ~ 73 ANNUAL COMPLIANCE REPORT ' Smoking PoIIution Control Ordinance DMC Chapter 5.56 • Name of Property Park Sierra Apartments Date1 / -~i;~11~0 Address_6450 Douahert~ Road Zipcode9~5~g Total # of units in complex 2 8 3 'T'otal # of buildings 1 3 Name of person completing survey: W. Steve G l l mO re Phone:_(9 4 9) 3 8 9- 7 0 0 0 Erita;l. steve, ailmore(~ h apr~~~rties, com Position: ~Ownex QPxoperty Manager OOther (identify) Please check each box under the checktnark to indicate with the item. ~~'(~ ~~~ ~ """' `'~'~~ ~`s'~ Date your tenants were noti&ed of the ordinance - Sectiott Percentage of units that axe currently designated as nonsmoking. Note:-None aze required anal January 1, 2011, but we would like to Irnow what steps have already been takes Percentage of lease agreements that meet the requirements of Section 5.56.055(B). Notc None are required until January I, 2011, bu[we would like to laiow what steps.havc already been taken. Outline your policies for addressing smoking related complaints: Submit the tnateaals outlined in Section Indicate your compliance with Section 5.5G.050(C)(6) and the number of any designated smoking areas. Do you have a If yes, please describe % of total designated outdoor azea~that it encompasses smoking area? and describe location. Y/N Indicate the percentage •of units that will be designated as nonsmoking on January 1, 2011. % of units designated non- % of amts nnticipnted to be smoking as of 12/31/09 dcsigna[cd non-smoking as of Indicate your plan fox implementation of tkle nonsmoking unit requirement of 50% and their accompanying lease agreements. Indicate any dif&culties with the requirement that nonsmoking units be contipu~tis. 62.90 ( 62.9 Outliae any issues experienced or anticipated pe**aintng to the impact of the ordinance on individuals or oronnc- ' Please complete form and •attach any documents and send to Roger Bradley at 100 Civic Plaza, Dublin, CA 94568 or to roger.bradley~a ~f dublin ca us no later than January 31, 2010. Note: PIease atbtch additions! sheets to include the required or other pertinent information. ~3~73 Shea Propertieso January 28, 2010 City of Dublin Attn: Roger Bradley, Administrative Analyst City Manager's Office 100 Civic Plaza Dublin, CA 94568 Re: PARK SIERRA APARTMENTS -ANNUAL REPORTING: City of Dublin Smoking Pollution Control Ordinance Compliance Report Dear Mr. Bradley; Below is the annual reporting as required by the City of Dublin: Compliance ^ Date tenants were notified of the ordinance - A letter to the residents of Park Sierra will be sent in early February, 2010. In addition, all new and renewal leases will include the Smoke-Free Lease Addendum and corresponding map which visually shows all Smoke-Free and Designated Smoking Locations. ^ Indicate the number and percentage of units that are currently designated as non-smoking - Park Sierra has 178 of our 283 total units designated as Smoke-Free Locations (62.9% of the property). ^ Number and percentage of lease agreements that meet the requirements -Park Sierra has implemented aSmoke-Free Lease Addendum which will be included in all future new and renewed lease agreements. ^ Outline your policies for addressing smoking related complaints - o Owner will have the right, but not the obligation, to enforce Resident's obligations under the Addendum. A material breach of this Addendum by Resident will be a material breach of the Lease and grounds for immediate termination of the Lease. ^ Submit the materials outlined in Section 5.56.055(C) Disclosure by landlords of multi-unit residences -see attached Smoke-Free Lease Addendum and site map. ^ Indicate compliance with Section 5.56.050(C)(6) and the number of any designated smoking areas -Smoking is not allowed anywhere in the community, including common areas and individual units, except in Designated Smoking Units. Feasibility ^ Indicate the total number and percentage of units that will be designated as non-smoking on Jan. 1, 2011-Same as current, 178 units or 62.9% of the property. ^ Indicate your plan for implementation of the non-smoking unit requirement of 50% and their lease agreement - As units turn over or are renewed, the unit will become either Smoke-Free or a Designated Smoking Location. The Lease Addendum will be used for 100% of the new and renewed leases beginning February, 2010. ^ Indicate any difficulties with the requirement that non-smoking units be contiguous -None. 130 Vantis, Suite 200 Aliso Viejo, CA 92656 T: 949.389.7000 F: 949.389.7474 www.sheaproperties.com u~ o~ 73 Shea ~ Propertiesm Effect ^ Outline any issues experienced or anticipated pertaining to the impact of the ordinance on individuals or groups - TBD. Please let me know if you need any additional information. Sincerely, W. SteveZ~imore Senior Vice President Enclosures cc: Sharon Harris, Shea Properties Casey McManus, Park Sierra Apartments Shea Properties Smoke-free Lease Addendum -this Addendum ("Addendum") is made part of the Lease/Rental Agreement ("Lease") dated January 27, 2010 between Park Sierra Apartments ("Owner") and ~"Resident"). Resident occupies the premises at 6450 Dougherty Road #1623 ,Dublin, CA 94568 ("the Premises"). 1. Purpose of No-Smoking Policy. The parties want to reduce or eliminate (i) the irritation and known health effects of secondhand smoke; (ii) the increased maintenance, cleaning and renovating costs from smoking, and (iii) the increased risk of fire and insurance costs associated with smoking. 2. Definition of Smoking. "Smoking" means inhaling, exhaling, breathing, or carrying any lighted pipe, cigar, cigarette; or other tobacco product or similar lighted product in any manner or in any form. 3. Smoke-Free Areas.•Smoking is not allowed anywhere in the community, including common areas and individual units, except in designated smoking units. The Premises (your individual unit): is a designated smoking unit is NOT a designated smoking unit Resident, Resident's household members, and Resident's guests may not smoke anywhere in the designated smoke-free areas. Resident is responsible to inform guests of the smoke-free policy. 4. Other Residents are Third-Party Beneficiaries of Resident's Agreement. Resident agrees that other residents at the community are third-party beneficiaries of this Addendum (i.e. Resident's commitments in this Addendum are made to the other residents as well as to Owner.) A resident may bring legal action against another resident for an injunction to prohibit smoking or for damages, but may not evict another resident. 5. Effect of Breach and Right to Terminate Lease. Owner will have the right, but not the obligation, to enforce Resident's obligations under this Addendum. A material breach of this Addendum by Resident will be a material breach of the Lease and grounds for immediate termination of the Lease. 6. Owner Not a Guarantor of Smoke-Free Environment. Neither Owner nor its managing agent guarantee or warranty Resident's health or the smoke-free condition of the designated smoke-free areas. Owner makes no Implied or express warranties that the common areas or the Premises will have higher air quality standards than any other areas. Resident acknowledges that the success of Owner's efforts to make the designated areas smoke-free are dependent on voluntary compliance by Residents, their guests and others. 7. Effect on Current Residents. Residents currently living In designated smoke-free areas under previous leases may not currently be subject to the no-smoking policy, As current residents In designated smoke-free areas enter into new leases, or convert to month-to-month tenancies, Owner intends to implement the smoke free policy as to those residents. As current residents in designated smoke-free areas vacate, Owner intends to implement the smoke-free policy as to those units. However, Owner reserves the right to change or eliminate Owner's smoke-free policy in the future. By: Shea Properties, Managing Agent for Owner Date CA Broker's License #01382566 ~.~ ~ ~3 Date Date N ~ o ~ r. ~ ~ O c~". O+ ~ v E v~ ~`~., U ~ u n G X ~ R ~ k" " o O • m " r, O ~ N O N. ~ (~j G O i ~ ~+ q `' `n m a u ~ cs a ~ 4 :J Q G R. N o ~ F:i <r ~ F N ~ W ~: ~ a ~ O M I Pm~ ~ t- Z W ~ ~ ~. Q +~ ~ ~~::~~ j N Q V ~ O ~ J ~ C ~ O O0 N '^ C1 'p c 'a r -_ ~ •3 m .N H C ~ O '++ ~ R v et 0 ~ J ~ CJ ' GJ ~ !. N ~.~. _, ~ ~ ~ •- O ~ m N Q~~\~~~ ~~., ~"try t,Li~,~` 6. `F ~ s~ '~ aG Q Fd 41 - ~ ~ ~~~ i'% - ~ ~ __ 1 l f ~ 43; _- k j "' a~~ ~R ~~'y _ .'. Ctf ' £V Y~ j ~~~.._ jsy7S~::7.~C ~~~ ~, ''t U :'..+ ..~-~ rt r-: r-=; 1I4..r 4~ y. ~: ~~ r~ r Cv w CCS Cn H t- 0 G~~~OF DU~lr~ ~I~',~~ ®19~L&4i4 ~~ ~~ 19 ~® ®~° 82 L01~ ~~~~~ ~17Y ~~~E~'S ~3FFlC~ O`~LIFOR~~~ / Position: ®Owner ~roperty Manager OOther (identify) ANNCIAL COMPLIANCE REPORT Smoking Pollutio/n, Control Ordinance DMC Chapter 5.56 0 Name of Property ~GcrK /(~/(,QO/ Date ~ `~ 0 -~ v Address 73 D ~ ~ "`~rr~~' \~ O0 ~ ~ ~C' ` ~' Zipcode ~~5~~ Total # of units in complex O~ ~ ~ Total # of buildings Name of Derson completing su7_z=ey: _~/L ~/I !~T ll N~ ~ e Phone; ~25 ~O~ `_ d ~~v Email: ~k~Gt~00 ~~e_~~~/'JG7 /~ . C D/'Y) Please check each box under the checkmark to indicate your c~mnliance with rhP ;rPt„ `~ - -- --- _- 'rCONIPLIANCF. NOTES ~,GOMIvIENTS _. Date your tenants were notified of the ordinance -Section 5.56.055 A 3. 3~ 2 7~ O 9 Percentage of units that axe currently designated as nonsmoking. Note: None are required until January 1, ?011, but we would like to ]:nom what steps have p ~ Q / • O n (./ already been taken. Percentage of lease agreements that meet the requirements of / Y Section 5.56.055(B). L ~Cne ye! Note: None are required until Janu:uy 1, ?011, but we would like to know what steps.have ahead been [al.en. ~ - Ou thine your policies fox addressing smokin grel ated complaints: *t/ c n / ,_ l3lX ~~~ ~C~.fw Submit the materials outlined in Section 5.56.055(C). andlord Disclosure - Indicate your compliance with Section 5.56.050(C)(6) and the Do you have a If yes, please describe % of total number of any designated smoking areas. designated ki ? outdoor area~that it encompasses smo ng area .and describe location. __ _ Y / N FEASIBILITI' Indicate the percentage of units that will be designated as % of units designated non- i of units an[idpated co be V nonsmoking on January 1, 2011. smoking as of 12/37 /09 designated non-smoking as of 1/7/11 v ~ O ~ ~ STJ ~/ O •~ / Indicate your plan for implementation of the nonsmoking unit re uv ement of 50% and their i l s~ ~tC~ ~0~ ~G(~~f'~ ~ V q accompany ng ease agreements. . , - - / V Indicate any difficulties with the requirement that nonsmoking units b ~ - . - n ~ {~ „e s ~'1( e Conti ous. liGtX~ OGc/1 _ EFFECT Outline any issues experienced or anticipated pertaining to the i f h ~~ ha (/~ ~.~ p{lO~D e/Y) m act o t e ordinance on individuals or ou s. G r i/'~~'Gf') . cSCYYt 2, . `~ rPSi ~~ who S;/»oK~ u~o~~ Please complete form and attach any documents and send to Roger Bradley at 100 Civic Plaza~~Ke f0 Dublin, CA 94568 or to roger.bradley(a~ci.dublin ca us no later than January 31, 2010. i'e , Th z~h~ Note: Please attach additional sheets to include die required or other pertinent information. 1^, ,~~~,/,~ ~lveY~ SYnD~n~l .~ ~ ~ ~~~~ 1. We send out a letter to the entire building of which the complaint came from to inform all the residents that a complaint was received by our office. The letter states that they cannot smoke in their unit. 2. After 2 days of sending out the initial letter, we call all the residents in the entire building to follow up with each unit to inquire who is smoking in their unit. 3. We send out a separate letter as well as another copy of the smoking pollution control ordinance to the resident who smokes to inform them that we received a complaint from their neighbor and that they cannot smoke in their unit. 4. We send out a follow up letter to the resident who placed the complaint to inform them that we have acknowledged their request. We also encourage them to call our office as soon as they smell the smoke so that we can verify that it is in fact cigarette smoke that is entering their unit. 5. We schedule to seal any openings of the plumbing area in the kitchen and bathrooms. We also have a vendor seal the HVAC air intake in which the complaint originated from as well as the unit in which the smoking is originating from. 6. We encourage the resident who placed the complaint to call us if the problem continuous. We hope at this point we have solved the issue. If the problem continuous, then we would need to take further action including up to 30 to 60 day notice to the resident who is causing the problem. 1. We will send out a second survey to each resident to indicate how many smokers and non smokers there are in each building. 2. When we complete-the survey we will then determine which buildings will be dedicated for smokers and non smokers. 3. We will send out notice to all residents notifying them of our intent. We will have an addendum to the lease for all residents to sign regarding our policy for smoking and non smoking. 50~.~~ i~yACAC IA ,~~t~~ =i~.~F~._~~~~1 - - F ,~ w ~F F~F t,~,,- January 20, 2010 f~~iti ~ ~ ~(il~ ,(j\y .. ~ ~~ at I ~ .! ~l~-.l y~: P. L. r`~, r ~ .eft'. Mr. Roger Bradley City of Dublin 100 Civic Plaza Dublin, CA 94568 Re: The Springs of Dublin Apartments Dear Mr. Bradley: In compliance with the Smoking Pollution Control Ordinance, Chapter 5.56, I am submitting the following documentation requested in your letter dated January 2010: • Annual Compliance Report dated January, 19, 2010 • Smoking Pollution Control Compliance -The Springs of Dublin • Site Map of Non Smoking Buildings • A sample Resident Notification letter dated (Letter #1) March 23, 2009 • A sample Resident Notification letter (Letter #2 defining our Non Smoking buildings) dated December 30, 2009 • Non-Smoking Unit Lease Addendum Please let me know if you require any additional information. Sincerely, George P. Dobbel, Jr. Vice President of Asset Management 101 South Ellsworth Avenue, Suite 300, San Mateo, CA 94401 650-372-6475 GPDobbel@acacia-capital. com D ti~~ ~ bU !If $~ I9 ~+~ 117 ~~-~ ~~~f~~~r ~tti'~~. eon~zz~l<rar~c~ ~il}c~~~~r Sxnal.itsg 1'nifttt.tnn Gt~utrnl C)rdili~ce 1'~I~IC Chapter ~.SG l~?ait~e of I~ropartYF The Springs - Dul~iln 1l19}~Q10 Data ~ tLddress .71QQ San Raman Road, Dublin, Ga 84583 _ 7ipcnda Tatal #} af'vni{e is coin Iex ^, 178 A 'i'ot;tl ~ n£ i~uildings 11 I~atne of etsQn card Ietin surva •• ,w.~ C'e~rge Dobbel 85Q-o72-8475 fJtnail: gpdolabel~acacia-capltai.ccsm Position: C1t)-kultcr C3ltr~perty A3anxger : x ~nc~r ~.detzriEy) Asset tt9anagerlAg'ent - O;,+Ct2C nt~.,..,.,.t.,:..t..u..,tt____._.a___t . ~~~-~~ ,f. - ----- --.- -...~__. _.., ,....,,.........,...~ .,.......nk~ asuc cv~n lla ..COi4~'LL~NCi± ...... ........:. .. .... ...:. ilcC WSt31 tt3e iietxl. l~~.tc your tasiattts svcra i:otificd n£ tlse ~orii4aai*ca -.5actian 5 1~TC~TE.S ~ Cr11t14t>~NTti ........................... . .56.455 A 3}. 3123}~OQ9 Pcrtenlagc of units that are csartently dcsigrtatcd as a;ocisrcokin g. 55°l0'; {" Buildings noted ;~vlff be in Netel~larc,,~r~~ac=dur«+1jznW.r{1,?flit.Auta+ennnlJE;,-tti~"~CLCi}!'.ISS[,~I I::k'C LtiLt{t ~yx1 [lt.t,E cornplian~e an 111}2011.} ~ Pcrceatige of lease agreements drat rnaCt tI~e rccJuircmrits of 5ectiort 5.SS.o55ti3~ In process - af{ ne~~v leases & rene~~tals completed in 2Q1Ct ~vilf be reflective j~TCi,C.Ne1,iC3ca trqufrrctunnllaniry;,?ffit, Lot r.•<c.vcliiLS.e [o knv_, t:IL;sY~~4 tn:c Dread t,ecn r,lt~. ofi thechange. Qufunc yclur pclicics Foz addressing s:iioking related eatitp;ainta: see attached. • i 1 &ubmif ilae:ISatcr:als outlitled in Sectipn 5.5fi.~5S[C}. -~ '"""` L:,ndlord TYlsclosura See attached Site plan. [adtc;lteyanrtt~mpIinntcw~-tt}ScctiorsS56.05~if:}(6}andtltC Doyouhtvea ![p=s, p?=ascda~cn~°/n oftaial :tumbCtnfanydestg:ratedsnl{IkiRgerests, dc.:iguatcd uutrloararea•(l;Ntitenctln3pa5ses Scheduled tES f38 in COmpflanCe An 1}112011. smokingsrea? and r(;+sczibe {ucaion _.. Y I ~ N}A its{a>tr~~ 1` Indicate tl~e g¢tcent€pc rlFunits plat tvi11 br desig:lattd : S o ki : of nmttc~~,:tclt naa- ~. ptwmu:nt~p:lr8 to S: sn- c im as vt 1?l3t A;+1 i : n nsmo ng on )anualy 3, 2Q 11. . g . ce p,ccnl non amui4 cg a aF 1/3/1f i7 55°0 55~/0~, ~* going forr~rard} 55°/a Indicatcyourj~lan for ilnl:lemtyltasaat of I11C 410:iStn4l:ln~*1]tilt - ,........-.J` ",...-_ `~--- rcguiiement of sfl°lo and their accanpanying leas= agrce,•t:+:nts. See ~#tached. Inr{.r`txtc any d't(flcultres ~vidl tltc rcyuiremc:lt that nvnslltal3ng units - ~ ire cot,ti uous. ~-...- - [~J}+~ t3Llt~tnt a41f ibEUCS [Xl1EYi CtlCati OE An{iripa.tt[l I,@rtGitltil~ to tl:C ~ j~ ~""'-} : inl Stt O~ tlla_ 6CtiSA itlCa f3I1 fi1({/iKt~UAlS UY PCSSp S. [ _ _ [ Plcaxc complete fPrill anal attach atzp docur;lerus and serid tcs Roger I3rul'Iey ~t ltrp Ci~io Plaza, L3lrblin, CA [}4568 or ta,~;cr.f~radle ~ "}ci du litz,ca.cs nn latc€ flean January 3i, 2(llU. i\'4tr. I~L~t: n1E@C)1 It]1{tl1n1i9t EL t`r:t3 iL7 4nC~UdC tt;C lC~li::CU cN Ot{lCr rCt:f[3L:CIt LF[U1CTtAn Gn The Springs Apartments Smoking Pollution Control Plan Summary City of Dublin Ordinance 42-08 Updated: January 19, 2010 General Plan: On December 2, 2008, The City of Dublin adopted Ordinance Number 42-08 as it relates to smoking in and around multi-family communities in the City. The ordinance amends Chapter 5.56 of the Dublin Municipal Code relating to smoking pollution control. Essentially, the smoking ordinance will not allow smoking in apartments (nor will it allow for residents to smoke on their patio's or in common areas) that are designated as "non-smoking" and imposes smoking limitations in certain common areas. On January 1, 2011, The Springs of Dublin and all apartment communities in the City of Dublin must be in compliance with this new ordinance. To prepare for this noted compliance deadline, the Springs of Dublin has designated the following buildings as Non Smoking Buildings effective January 1, 2011: • Buildings: 1,3,4,6,9,10 • Percentage of Non Smoking buildings: 55% The list of smoking units (Site Map of Non Smoking Buildings) must be updated by the first of each month and submitted to Asset Management /Owners Agent. Annual reports shall be submitted to the City of Dublin as outlined in Ordinance 42-08. Copies of the report must be submitted to Asset Management /Owners Agent prior to submitting to the City of Dublin. Disclosure: • The initial Disclosure to our residents was completed by Management on March 23, 2009. A sample letter is included in the Exhibit Section of this Plan. • The City Ordinance noted herein will be posted in the leasing office, common areas and Fitness Center. • All Leasing and Management personnel must comply with the ordinance. • All Lease Packages (new leases and renewals) must include a signed original non smoking unit lease addendum (see attached addendum in Exhibit Section of this Plan) required by the City of Dublin. The Springs Apartments Smoking Pollution Control Plan Summary Page 2 ~~~ Rules and Regulations /Common Area Smoking: • Smoking in common areas in not permitted. • All Rules and Regulations relating to no smoking are noted in the Designated Non-Smoking Unit Lease Addendum (see Exhibit section). Complaints: Any violation of the No Smoking Rules or the Law regulating smoking will be considered a material breach of residents lease as noted in section 5 of the Designated Non-Smoking Unit Lease Addendum. Violations will be addressed in accordance with the lease provisions. Complaints must be submitted to the Rental Office in writing and residents are required to notify the Dublin Police Department (the business office) pursuant to Ordinance 42-08. Exhibits: • Ordinance 43-08 • Initial Resident Notification letter dated March 23, 2009 • Resident Notification letter (Letter #2) dated December 30, 2009 • Non-Smoking Unit Lease Addendum • Site Map of Non Smoking Unit Buildings 5~t ~~3 Smoking Pollution Control Compliance Ordinance 43-08 The City of Dublin -Approved: December 2, 2008 The Springs of Dublin 192 Units 7100 San Ramon Road Dublin, CA 94568 The Springs Apartments Smoking Pollution Control Plan Summary City of Dublin Ordinance 42-08 Updated: January 19, 2010 ~5 ~73 General Plan: On December 2, 2008, The City of Dublin adopted Ordinance Number 42-08 as it relates to smoking in and around multi-family communities in the City. The ordinance amends Chapter 5.56 of the Dublin Municipal Code relating to smoking pollution control. Essentially, the smoking ordinance will not allow smoking in apartments (nor will it allow for residents to smoke on their patio's or in common areas) that are designated as "non-smoking" and imposes smoking limitations in certain common areas. On January 1, 2011, The Springs of Dublin and all apartment communities in the City of Dublin must be in compliance with this new ordinance. To prepare for this noted compliance deadline, the Springs of Dublin has designated the following buildings as Non Smoking Buildings effective January 1, 2011: • Buildings: 1,3,4,6,9,10 • Percentage of Non Smoking buildings: 55% The list of smoking units (Site Map of Non Smoking Buildings) must be updated by the first of each month and submitted to Asset Management. Annual reports shall be submitted to the City of Dublin as outlined in Ordinance 42-08. Copies of the report must be submitted to Asset Management prior to submitting to the City of Dublin. Disclosure: • The initial Disclosure to our residents was completed by Management on March 23, 2009. A sample letter is included in the Exhibit Section of this Plan. • The City Ordinance noted herein will be posted in the leasing office. All other no smoking notices will be posted as noted in the Designated Non- smoking Unit Lease Addendum. • All Leasing and Management personnel must comply with the ordinance. • All Lease Packages (new leases and renewals) must include a signed original non smoking unit lease addendum (see attached addendum in Exhibit Section of this Plan) required by the City of Dublin. The Springs Apartments ~ ~~~ Smoking Pollution Control Plan Summary """ ~} Page 2 Rules and Regulations /Common Area Smoking: • Smoking in common areas in not permitted. • All Rules and Regulations relating to no smoking are noted in the Designated Non-Smoking Unit Lease Addendum (see Exhibit section). Complaints: Any violation of the No Smoking Rules or the Law regulating smoking will be considered a material. breach of residents lease as noted in section 5 of the Designated Non-Smoking Unit Lease Addendum. Violations will be addressed in accordance with the lease provisions. Complaints must be submitted to the Rental Office in writing and residents are required to notify the Dublin Police Department (the business office) pursuant to Ordinance 42-08. Exhibits: • Ordinance 43-08 • Initial Resident Notification letter dated March 23, 2009 • Resident Notification letter (Letter #2) dated December 30, 2009 • Non-Smoking Unit Lease Addendum • Site Map of Non Smoking Unit Buildings ~~ ~ ~3 Smoking Pollution Control Exhibits N C! C .M~ W ~. Q V~ 0 Z 0 Q C~ G ~_ N C O N .Q F- Donlon Way CO ~ N O m O W ~ O ~ O a m N r M tci O O O O J O 0 a O O ~ M ~ M ~ ~ ~ CI N ~t M m N N O O CO tf7 ~ M O O O~ V ~ lI) O M u'1 V T ~' m M ~ W ~ ~ ~ ~ ~ -j V V O t!') m U C_ L ~ ~ .-- N N 0 (p to (p lf') ~ N N 07 a m O r N N M~ '7 M N N N N O O N O p] r N N N N O N N N N a # v m o rn o rn M N N ~ N O I~ O M M U H W a San Ramon Road (D O V M N O O r a _ m _ M O M M O M M O O ~~ O~ ~ O O ~_ m N 0 0 0 0 0 0 CO l(') 'd' M N O m ~ M M M M M M M N ~_ m M M ~ M V V '~t 'd' L ~ M CO ~ W I~ O O +0+ ~ f~ h r ~ N I~ W f~ ~ ~ U 'a ai m N ~ 0 0 0~ f~ M S C ~~ ti O O O O M ~_ LL N V' M O ~ W ~ ~y V' V ~~ V V V V 'D m O O W ~ M ~ C M V M M M M M M M m ~ co ~n v M N .- ~ O m O O N d' M (O ~A ~~ ' J N G .~ m OI ~ C_ O G 'c ~ E v ~ ~ J O Z ~a~i' R B ~~ ~~3 The Springs Apartments March 23, 2009 Resident: The Springs Apartments 7100 San Ramon Road, Unit # Dublin, CA 94568 Re: City of Dublin Ordinance 42-08 Dear Resident: On December 2, 2008, The City of Dublin adopted Ordinance Number 42-08 as it relates to smoking in and around multi-family communities in the City. The ordinance amends Chapter 5.56 of the Dublin Municipal Code relating to smoking pollution control. On January 1, 2011 The Springs of Dublin must be in compliance with this new ordinance. In order to prepare for this noted compliance deadline, we need to inform you that a minimum of fifty percent of the buildings in the community will become non smoking buildings. Additionally, smoking will not be permitted in common areas. In order to assist management in defining what buildings will become non smoking, please indicate below if you are asmoker or anon-smoker and return this letter to the leasing office at your earliest convenience. Please be advised that if you return this letter before April 15t", your name will be entered in a drawing to win a dinner for two at Be sure to complete the information as noted below. Thank you in advance for your cooperation. Sincerely, Jason Pugao Community Manager Resident's Name (Please Print): Are all residents of this Apartment Non Smoker's (circle one): Yes No Signature: ~~~~3 The Springs Apartments December 30, 2009 Resident: The Springs Apartments 7100 San Ramon Road, Unit # Dublin, CA 94568 Re: City of Dublin Ordinance 42-08 Dear Resident: On December 2, 2008, The City of Dublin adopted Ordinance Number 42-08 as it relates to smoking in and around multi-family communities in the City. The ordinance amends Chapter 5.56 of the Dublin Municipal Code relating to smoking pollution control. Essentially, the smoking ordinance will not allow smoking in apartments (nor will it allow for residents to smoke on their patio's or in common areas) that are designated as "non-smoking" and imposes smoking limitations in certain common areas. In approximately one year, On January 1, 2011, The Springs of Dublin and all apartment communities in the City of Dublin must be in compliance with this new ordinance. In order to prepare for this noted compliance deadline, we need to inform you the following buildings will be designated as Non Smoking effective January 1, 2011 (not 2010): 1,3,4,6,9,10. Please note this ordinance will not go into effect until 2011 as referenced above. Additionally, as we renew leases this year, your lease package will include a non smoking area addendum required by the City of Dublin which in turn you will be required to sign at the time of your renewal. Thank you in advance for your cooperation. If you have any questions or require further information, please do not hesitate to call the office. Sincerely, Paulette Jackson Community Manager ~' .~~.~ DESIGNATED NON-SMOHING UNITS LEASE ADDENDUM (For Use in Dublin, California) THIS DESIGNATED NON-SMOKING UNITS LEASE ADDENDUM ("Addendum") is incorporated into the Lease Agreement (the "Lease") entered into by the undersigned residents (hereinafter "Resident" or "You") and the undersigned owner or agent of owner (hereinafter "Landlord" or "us") and is in addition to all terms and conditions contained in the Lease. Except as stated herein, to the extent that the terms of this Addendum conflict with those of the Lease, this Addendum shall control. 1. Buildings within the Apartment Community, which represents at least fifty percent (50%) of the units in the Community, including all apartment units, private outdoor spaces associated with units in those buildings such as balconies, patios, decks and steps, and all other interior spaces which are a part of those buildings, as well as all other common areas within the Apartment Community have been designated as nonsmoking ("Nonsmoking Areas") in accordance with Chapter 5.56 of the Dublin Municipal Code entitled "Smoking Pollution Control" dated December 2, 2008. Smoking is prohibited in all Nonsmoking Areas. Smoking is also prohibited within twenty feet of any entrance, exit, operable window, vent or other opening into enclosed Nonsmoking Areas and within twenty feet of all unenclosed Nonsmoking Areas unless you or your Occupant's or Guests are actively passing on the way to another destination without entering or crossing any Nonsmoking Area. If you or your Occupants or Guests would be placed in a potentially unsafe location by complying with the twenty foot minimum, however, you or your Occupant or Guest will smoke in a safe location that is as far away as possible from any Nonsmoking Areas. 2. You will inform any Occupants and Guests of these No Smoking Rules. 3. We will post "No Smoking" signs at entrances and exits of nonsmoking buildings and in interior common areas. 4. You acknowledge that the designation of the Nonsmoking Areas does not make us or any of our managing agents the guarantor of your or any Occupants' or Guests' health or that the Nonsmoking Areas will at all times be "smoke-free." 5. It will be a material breach of this Lease if you or any Occupant or Guest violates these No Smoking Rules or any law regulating smoking while in the Apartment Community. A material breach will be grounds for us to immediately terminate your tenancy and all related fees as noted in Section D of your Lease will apply. All lawful Occupants of the Apartment Community are express third-party beneficiaries of these No Smoking Rules. If you or any Occupant or Guest breaches these No Smoking Rules or you or any Occupant knowingly allows your Guests to breach these No Smoking Rules, you potentially will be liable to us and to any lawful Occupant of the Apartment Community who is exposed to secondhand smoke because of that breach. 1 1~~ e~~3 6. You acknowledge and agree that our designation of the Nonsmoking Areas does not in any way increase or otherwise change our or our managing agents' standard of care to you or any Occupants or Guests with respect to the safety, habitability, or air quality of the Nonsmoking Areas, and our standard of care with respect to these matters is not greater than the standard of care applicable to other rental premises where smoking is not prohibited. We specifically disclaim any implied or express warranties that any portion of the Nonsmoking Areas will have any higher or improved air quality standards than any other rental property where smoking is not prohibited. We cannot and do not warrant, guaranty or promise that any portion of the Nonsmoking Areas will be free from secondhand smoke. 7. You further acknowledge that our ability to police, monitor or enforce these No Smoking Rules, and similar rules applicable to other residents of the Apartment Community, depends significantly upon voluntary compliance by you and any Occupants and Guests, and by other residents, occupants, and their guests within the Nonsmoking Areas. If you or any Occupants or Guests have respiratory ailments, allergies, or any other physical or mental condition relating to smoke, you acknowledge receiving notice that we do not assume any higher duty of care to provide a "smoke-free" environment than the duty of any other landlord under any lease for premises where smoking is not prohibited. 8. We reserve the right in the future to change these No Smoking Rules in accordance with Section of the Lease, including, without limitation, one or more changes to allow smoking in all or designated portions of the Nonsmoking Areas; provided that all changes to these No Smoking Rules will comply with applicable laws and will not be effective until 90 days after we notify you of the changes. RESIDENT: Resident Signature Date Resident Signature Date Resident Signature Date Resident Signature Date Resident Signature Date Resident Signature Date LANDLORD: Signature Date 2 3529/001 -Dublin Addendum (00166043).DOC ~3~73 ORDINANCE N0.42-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 5.56 OF THE DUBLIN MUNICIPAL CODE RELATING TO SMOHING 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 5.56.020, 5.56.040, and 5.56.050 of the Dublin Municipal Code are amended as follows and Section 5.56.055 is added to the Dublin Municipal Code: 5.56.020 Findings and Purpose. A. The City Council finds that: 1. Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and 2. Reliable studies have shown that breathing secondhand smoke is a significant health hazard for certain population groups, including elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and 3. Health hazards induced by breathing secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm; and 4. Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same; and 5. Numerous studies have shown that a majority of both non-smokers and smokers desire to have restrictions on smoking in public places, places of employment, and multi-unit housing; and 6. Smoking is the number one cause of preventable home fire deaths across the nation; and 7. Cigarette butts pose a health threat to young children when ingested, which may result in vomiting, lethargy, nausea, and gagging; and 8. Cigarette butts are a major and persistent source of litter; and 9. Nearly 87% of Californians do not smoke; and 10. A local ordinance that authorizes residential rental agreements to include a prohibition on smoking of tobacco products within rental units is not prohibited by state law; and B. Accordingly, the City Council finds and declares that the purposes of this chapter are: 1. To protect the public health and welfare by prohibiting smoking in public places except in designated smoking areas, and by regulating smoking in places of employment; and 1 of 6 6u ~73 2. To strike a reasonable balance between the needs of smokers and the need of non-smokers to breathe smoke-free air, and to recognize that, where these needs conflict, the need to breathe smoke-free air shall have priority; and 3. To provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking around non-tobacco users; by protecting children from exposure to smoking where they live and play; and by protecting the public from nonconsensual exposure to secondhand smoke in and around their homes. 5.56.040 Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: "Bar" means an area that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the service of food is incidental to the consumption of beverages and in which persons younger than twenty-one (21) years of age are at all times excluded. "Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including private residences that are licensed to provide child care, adult care, and other health care related services, retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. "Dining area" means any area containing a counter or table upon which meals are served or any area designed, established, or regularly used for consuming meals. "City sponsored event" means an event which the City of Dublin plans, administers, coordinates, and finances, and which is held upon property owned by the City of Dublin. "Community Park" means Dougherty Hills Dog Park, Dublin Heritage Center, Dublin Historic Park, Dublin Sports Grounds, Dublin Swim Center, Emerald Glen Park, Fallon Sports Park, Shannon Park, and any new park constructed after the effective date of this Ordinance that is greater than eight (8) acres in size. "Employee" means any person who is employed by any employer or hired as an independent contractor in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity. "Employer" means any person, partnership, corporation or nonprofit entity, including a municipal corporation, who employs the services of one or more persons. "Enclosed" means closed in by roof and four walls with appropriate openings for ingress and egress. "Landlord" means any Person who owns real property leased as residential property, any Person who lets residential property, or any Person who manages such property, except that "Landlord" does not include sublessors. "Multi-Unit Residence" means a Premises that contains sixteen (16) or more Units for rent "Multi-Unit Residence Common Area" means any outdoor area of a Multi-Unit Residence accessible to and usable by residents of different Units, including but not limited to play areas, common cooking and eating areas, swimming pools, common courtyards, paths and walkways, and parking areas. "Nonprofit entity" means any corporation, unincorporated association or other entity created for charitable, educational, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a nonprofit entity within the meaning of this section. "Park recreation area" means any and all children's play areas, playgrounds, swimming areas, sports fields, sports courts, skate parks, and picnic areas. "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. "Place ofemployment" means any area under the control of a public or private employer that employees may have cause to enter during the normal course of employment, including, but not limited to, work areas, vehicles, 2 of 6 p +qF~ ~~~ \:T employee lounges and restrooms, conference rooms and classrooms, cafeterias and hallways, except that a private residence is not a place of employment unless it is used as a child care or a health care facility. "Premises" means a piece of land and any improvements upon it such as is usually described in a deed, deed of trust or mortgage, and includes legally separate but contiguous pieces of land that are owned by the same person or by multiple persons owning and operating the land under common control. "Public place" means any area in which the public is invited or in which the public is permitted, including, but not limited to: banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail stores, theaters and waiting rooms. "Reasonable distance" means a distance that ensures that occupants of an area in which smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area. Except as otherwise provided in this Chapter, this distance shall be a minimum of twenty (20) feet unless the application of the twenty (20) foot minimum would place the smoker in a potentially unsafe location, in which case a "reasonable distance" shall be a location closer than twenty feet which does not place the smoker in a potentially unsafe location. "Restaurant" means any coffee shop, cafeteria, tavern, sandwich stand, soda fountain, private or public school cafeteria, and any other eating establishment, organization, club, boardinghouse or guest house, which gives or offers food for sale to the public, guests, patrons, members or employees. "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories. "Secondhand smoke" means the tobacco smoke created by burning or carrying any lighted pipe, cigar, or cigarette of any kind, and the smoke exhaled by an individual who engages in smoking. "Self-service display" means the open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. "Smoking" means the consumption of tobacco by inhaling, exhaling, burning or carrying any lighted pipe, cigar or cigarette of any kind. "Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking or ingestion of tobacco products. "Tobacco product" means any substance containing tobacco leaf, including but 'not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco. "Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration tobacco, tobacco products, or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. "Unit" means: (1) a dwelling space consisting of complete independent living facilities for one or more persons, including, for example, permanent provisions for living and sleeping, and any private outdoor spaces like balconies and patios; and (2) senior citizen housing and single room occupancy hotels, as defined in California Health and Safety Code section 50519(b)(1), even where lacking private cooking facilities or private plumbing facilities. "Unit" does not include lodging in a hotel or motel that meets the requirements set forth in California Civil Code section 1940(b)(2). "Vending machine" means any electronic or mechanical device or appliance the operation of which depends upon insertion of money, whether in coin or in paper bill, or other thing representative of value, which dispenses or releases tobacco products and/or tobacco accessories. 5.56.050 Prohibition of smoking in public places and places of employment. A. Smoking shall be prohibited in any enclosed public place, business, restaurant, or place of employment within the city of Dublin except in the enclosed places identified in California Labor Code Section 6404.5(d), or its successor. B. Smoking shall be prohibited in the following enclosed places: 1. Common areas of multi-unit, multi- residence, or multi-family buildings including, but not limited to, apartments, condominiums, retirement facilities, and nursing homes; and 3of6 ~~,~ 2. Areas that have a common or shared air space with other enclosed areas in which smoking is prohibited such as, without limitation, air conditioning systems, heating systems, ventilation systems, entries, doorways, hallways, and stairways. C. Smoking shall be prohibited in the following unenclosed places: 1. Dining areas that are part of a restaurant, business, nonprofit entity, place of employment, or located in any public place; 2. Any City park except for a community park; 3. Any park recreation area within community parks; 4. Any place where people are using or waiting fora .service, entry, or a transaction whether or not such service includes the exchange of money including, but not limited to, ATMs, bank teller windows, telephones, ticket lines, bus stops and cab stands; 5. Any City sponsored event, except in any area designated by the City as a smoking area. City sponsored events may have one or more designated smoking areas of an appropriate size provided the area is prominently marked with signs and is located the greatest distance practicable from all areas of high pedestrian traffic, any parking areas, and any area in which smoking is prohibited. In no case shall a designated smoking area be placed less than 25 feet from such areas. 6. Smoking is prohibited in all multi-unit residence common areas, except that a landlord may designate a portion of the outdoor area of premises as a smoking area as provided in subparagraph (a) below. (a) A designated smoking area: (i) must be located a reasonable distance from any area where smoking is prohibited; and (ii) must be no more than twenty-five percent (25%) of the total outdoor area of the premises for which it is designated; and (iii) must have a clearly marked perimeter; and (iv) must be identified by one conspicuous sign at the designated smoking area, and one conspicuous sign elsewhere on the premises; and (v) must not overlap with any area in which smoking is otherwise prohibited by this chapter or other provisions of this Code, state law, or federal law; and (b) If a suitable area cannot be determined, an exemption from the requirements of this section may be granted at the discretion of the City Manager, or his or her designee, provided that the smoking area does not overlap with any area otherwise prohibited by other provisions of this Code, state law, or federal law. (c) Nothing shall prevent amulti-unit residence from designating all outdoor areas of the premises as nonsmoking. D. No person shall provide or place ash receptacles such as, without limitation, ashtrays or ash cans, within an area in which smoking is prohibited, including, without limitation, inside the perimeter of any reasonable smoking distance required by this chapter. E. Notwithstanding the exception in subsection A of this section for enclosed places identified in California Labor Code Section 6404.5(d) or its successor, "place of employment" shall include retail or wholesale tobacco shops and private smokers' lounges, as such terms are defined in California Labor Code Section 6404.5(d)(4), as well as private residences licensed as family day care homes regardless of their hours of operation. 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 designated as non-smoking units by January 1, 2011; 2. Non-smoking units must be contiguously grouped together both horizontally and vertically and physically separated from smoking units to the maximum extent practicable; 3. Landlords shall, within ninety (90) days of the effective date of the ordinance which adopted this section, notify each unit of its implementation schedule and plan for complying with this section; 4 of 6 ~~~~3 4. Smoking is prohibited in non-smoking units in multi-unit residences; 5. 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 shall, by January 1, 2011, include: a. A clause stating that smoking is prohibited in the unit if the unit has been designated as a 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 anon-smoking unit; or (iii) smoke in any multi-unit residence common area in which smoking 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; 2. The California Apartment Association's form 34.0, revised 1/07, 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) are hereby incorporated by force of law into any lease or other agreement for the occupancy of a unit in a multi-unit residence made on or after January 1, 2011 and which does not fully comply with 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 regulation of a lease or agreement on one or more occasions shall not constitute a waiver of the lease or agreement provisions required by this ordinance. and shall not prevent future enforcement of any such smoking regulation on another occasion. C. Disclosure by landlords of multi-unit residences: 1. Every landlord shall maintain a list of designated smoking and non-smoking units and a floor plan identifying the relative position of smoking and non-smoking units. 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 anon-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. Section 2. Within twelve (12) months of the effective date of this ordinance, and annually thereafter, reports from affected landlords covering compliance, feasibility, and the effects of the transition as outlined in this section shall be submitted to the City. The City Council will review the necessity of continuing the requirement to submit annual reports at twenty-four (24) and at forty-eight (48) months from the effective date of the ordinance which adopted this section of the Municipal Code. Section 3. Twenty-four (24) months from the effective date of this ordinance, the City Council shall determine whether to increase the percentage ofnon-smoking units from at least fifty percent (50%) to at least seventy percent (70%) of the units (including private outdoor spaces associated with such units, such as balconies, patios, and decks) with the increased percentage ofnon-smoking units to be achieved within by forty- eight (48) months of the effective date of this ordinance. 5 of 6 .~ ~~ Section 4. 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 5. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 6. 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 2"a day of December, 2008, by the following vote: AYES: Councilmembers. Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ~! P~.t Mayor ATTEST: ~. ZO City Clerk Ord No. 42-08, Adopted I2-2-08, Item 4.2 6 of 6 ~~ OF DUB • ~~ .~ `~ 14 ~' ~ 82 ~\~~~.z/~ //1 . • IF'OR ANNUAL COMPLIANCE REPORT ' Smokiing Pollution Con/trot Ordi/nj an~c--e DMC Chapter "5.56 Name ofPropesty I~~A ~~~,1 P(.CL(!Qi /~~ Date °2 ~~ ((~ Address ~ D ~ ~ ~~~"yt~it,~~ ~ ~~ Zipcode~~6 (~ Total # of units in complex ~~~ 'T'otal # of buildings Name of p-'ep7r-son com-p~lfetin'g/su~~vey: _ T~~L'4_~Phone; d~-~ ~ ~ ~ ~ (~ Email: Intel A->'tlJ~"' 1fi '` ~' .~n v/1 P fl- • n.ts}~'l~t , Position: OOwner L~I'roperry Manager OOther (identify) Please chPCk ear•h hnx nnrlPr thr ~hrrktrark to in~irarP .. .,r .-.. .-.7:,...,-e..,:~t, «L.e / ~ - COIvIPLTANGF "` - - I~`PES` ~ C Otv~,ILN"ti S` _ Date your tenants were notified of the ordinance -Section _ 5.56.055 A 3 . ~ ,~?„~ Percentage of units that are currently designated as nonsmoking. Note: No e i d il 2D11 1 b ld lik n are requ te unt January , , ut we wou e to know what steps have already been taken. Percentage of lease agreements that meet tlae requirements of Secti 5 56 055 B ~ on . . ( ). (A ~ "~ Note: None are requited until January 1, 2011, butwc would W:e to know what steps_have a]read been taken. - ~ ~ - Outlineyour policies for addr essing smoking related complaints: J/ ~O~f~ I ~M~ fie. • in t .t il//)( ~ 9~viv ~i ~/t/~'+4~YI/ (~ n~ ,~ "" / 7i . ?~~ l !~YL ~i ~Y'~'1 ~ t'-r/I.IU/[ ty ~ tMJ ,.-^, // Submit the materials outlined in Section 5.56.055(C). j d _/ r~-- L C6~/l andloxd Disclosure (,~ d ~U c~ Indicate your compliance with Section 5.5G.050(C)(6) and the Do you have a If yes, please describe % of total number of any designated smoking areas. designated outdoor area~that it encompasses smoking areal and describe location. N~ l - ~~r~ ~~ Y ~ r>:.~srs~ i :_ - - - -- Indicate the percentage of units that will be designated as - % of units designazed non- 70 of uni[s anttdpa[ed to be nonsmoking on January 1, 2011. smoking as of 12/31/09 designated non-smoking as of 1/i/u , b ~ r~% Indicate your plan fox implementation of the nonsmoking unit requirement of 50% and their accompanying lease agreements. ~l.~:,~ ;~ ~Oy~ , l ., m . _ ~+'~ dd~~~ll Indicate any difficulties with there uirem t that nonsmoking units becontiguous d ~ - 1n'Q7'l fJ~.i u 1,~,~ L~ > u .. ,~. ,1,~ , , Outline any issues experienced ox antlapated pertaining to the im act of the ordinance on individuals or ou s. ~ ' Please complete form and'attach any documents and send to Roger Bradley at 100 Civic Plaza, Dublin, CA 94568 or to roger.bradleyja~ci.dublin.ca us no later than January 31, 2010. Note: Please attach additional sheets to include the required or other pertinent information. J 6~ ~~3 10 73 Waterford Place Apartments Date tenants were notified of the ordinance- Waterford Place was sold in September 2009 and the new management had only been aware of the Non-Smoking ordinance in January 2010 upon receipt of the letter from the City of Dublin. Per a former employee of the previous management; notifications were sent to residents in 2009 but we have no record of it on the property and nothing was turned over to the current management. We will send out notifications to existing residents on or before February 10'" regarding the_ transition of 195 or more units to Non-Smoking units. b~ H ~~'~ - - to i 3 'N(p~7pa, {app ® R) ~ » ~nm r~~! NNNN O m e .~^n ~w a r -~ m i o Dm i i ~i vi Ui ~i v_i ~ X~ w o ~~" a x w o y c oc ~x ~x ~x z z. sx 3~ wd o ~ o z e6 Zm Zm Zm Zm Zm =m Zm m ~ a ~, A r r ~ = m r_ ~ K o o m e c x € ~ g A a o Z i m o ~~ x~ [Y1 m Nn Fe Pi ~~, ' " m k 'O ~~ a3 ~w N THE SHOPS qT WATERFORD R E T A I L H E L D W ~ R E T A I L B E L O W D N m D D b D A O D O ~~~~~ CENTRAL PARKWAY 51111 G~~~ OF DU~lr,2 /// 1`~~~jz -~ O~LIFOR~1 ANN-UAL COMPLIANCE REPORT Smoking Pollution Control Ordinance DMC Chapter 5.56 Name of Property ~;' ~` :~ ~k' I ~ 1_~ `~-~ -,~~ ~~ ~ i . ~; ~ Date / ~~~ ~~' Address >(CC~ ;;,~;--,~,~ I ~.i L.,-, ~ ;<', j ~. Zipcode `~ ~/ ~C ~' i Total # of units in complex .7~/ Total # of buildings / Name of person completing survey: L,N `:~f-;~,~ ~;~ ,~:~ --1 Phone ~ %.~~~" ' '- i<~;?:~ Email i.lrna., i` -.-;~c~~ _ ~~~. '.,~: Position: Owner Property Manager OOther (identify) Please chedr each hr,Y ,;r,rlP,- r1,A ,-t,o~tr,,,,,,-t..,. ,.•a:_,.. :_ `~ "COIvIPLIANCE _ - _- - - - - NOTES ~ GOMIvrENTS -. Date your tenants were notified of the ordinance -Section 5.56.055 A 3 . ~ Percentage of units that are currently designated as nonsmoking. _ ~ _ o ~ Note: None are required until January 1, 20] 1, but we would Gl:e to kno~o what steps have -' already been taken. Percentage of lease agreements that meet die requirements of Section 5.5G.055(B). Note: None are required until Januay 1, 2011, but we would like to Imow what s[eps have ,,,-~ , alread been taken. Outline your policies for addressing smokin related com l i t `~ g p a n s / r ,-- ,~ - ,1 < ~ _ fr ~. 1 Submit die materials outlined in Secdon 5.56.055(C). andlord Disclosure Indicate your compliance with Section 5.56.050(C)(6) and the Do you have a If yes, please describe °/ of total number of any designated smoking areas. designated outdoor area+dzat it encompasses smoking area? and describe location. -r- - 1"EASIBILI7`4' _ - Indicate the percentage of units that will be designated as % of units designated non- % of uctits anticipated [o be nonsmoking on Janllaty I, 2011. smoking as of 12/31/09 designated non-smoking as of 1/I/11 ~ C,' ~~~.. Indicate your plan for implementation of the nonsmokin it g un requirement of 50% and their accompanying lease agreements. ~ ` ~' - .~ =!~-`- Indicate any difficulties widz the requirement that nonsmoking units ( ~ be Conti ous. V - / _ 7?FNE~T -- - - - Outline any issues experienced or anticipated pertaining to die im act of the ordinance on individuals or ou s. ;,' ~J ~% Please complete form and attach any documents and send to Roger Bradley at 100 Civic Plaza, Dublin, CA 94568 or to roger.bradlev a ci dublin ca us no later than January 31, 2010. Note: Please attach additional sheets to include the required or other pertinent information. ~~~ ~~ (, T Ili il~ ~, M«u~agerrle~r~, Irtc. WICKLOW SQUARE APARTMENTS 29. Smoking a. If you live in an area where there are City or County smoking regulations, be sure to follow all such regulations. EHMI will not monitor the smoking habits of residents, their guests, employees or invitees. Violations of City or County ordinances should be reported to the appropriate authority. b. Smoking will not be permitted in the offices or community areas, other than clearly marked smoking rooms contained within some buildings. Smoking rooms will be eliminated if laws are enacted which prohibit such areas. 30. Smoke Detectors a. Every apartment has a smoke detector that must be checked monthly by the resident. If the smoke detector is battery operated, it is the responsibility of the resident to check the batteries on a regular basis. Any malfunctions should be reported to management as soon as possible. b. Do not disconnect the smoke detector under any circumstance! c. The alarm only sounds in the apartment and does not notify management of the fire department. If a fire occurs or if you hear another alarm sounding, call the Fire Department, then management. d. Charges assessed by the fire department for false alarms or fire pulls by vandals may be charged to the responsible party. Residents will be charged for false alarms pulled by family members, visitors, guests or invitees. 31. Solicitin>r a. Soliciting is not allowed on the property. If solicitors contact you, please inform them of this rule. If they persist, please call the manager and the police. 32. Stickers, Decals Placards a. No decals, stickers, placard or other decorative items may be placed on the exterior or door of the apartment or in the windows, without prior written permission from management. 33. Storalre Areas a. Residents may only store items in their own apartments. Patios, hallways, and doorways cannot be used for storage. b. Any item deemed inappropriate or the resident must remove a hazard by management. ~~ (925) 556-9424 • :606 Am~ldor ~ral.iey Bc~u.levard, Dublin, CaliEorn.ia 94563 • rV4VW.t'd.l.I1.t101151II~.OTP AN AFFORDABLE HOUSING PROPERTY MANAGEMENT ORGANIZATION 1Jden I-lousing Management, Inc. does not discriminate based on race, color, creed, religion, sex, national origin, age, familial status, handicap, ancestry, medical condition, physical handicap, veteran status, sexual orientation, AIDS, AIDS related condition (ARC), mental disability, or any other arbitrary basis. TDD/TTY 1-800-735-2922 29 of 78