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STAFF REPORT CITY CLERK
DUBLIN CITY COUNCIL File #-191101
DATE: June 7, 2011
TO: Honorable Mayor and City Councilmembers
FROM: Joni L. Pattillo, City Manager
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SUBJEPublic Hearing - Continuance: Amendment of Dublin Municipal Code Chapter
5.56 (Smoking Pollution Control)
Prepared By: Roger Bradley, Senior Administrative Analyst
EXECUTIVE SUMMARY:
The City Council will consider continuing, until June 21, 2011, the first reading of an amendment
to the Smoking Pollution Control Ordinance to increase the requirement on the percentage of
apartment residences that must be designated as non-smoking units from 50% to 75%, which
would be accomplished on or before January 1, 2013.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council continue the item to the June 21, 2011 Adjourned
Regular City Council meeting, which will begin at 5:30 pm, in the Dublin City Council Chambers.
Submitted" By
Senior Administrative Analyst
Reviewe
Assistant City Manager
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ITEM NO. __/,4 •J
DESCRIPTION:
The proposed ordinance would require that apartment complexes with 16 or more for rent
apartment units raise the number of designated nonsmoking units from 50% to 75% by January
1, 2013. It also delineates the process that property managers will need to follow to designate
the units in a timely manner and notify their residents. Specifically, property managers will have
until January 31, 2012 to decide which units will be designated as non-smoking and to notify
their residents of their decision. This will allow one year between the point of notification and
actual transition to greater numbers of nonsmoking units. In addition, Staff revised some of the
language within the ordinance to provide greater clarity for the ordinance's application.
Finally, at the request of the Rental Housing Owners Association, Staff and the City Attorney's
Office have reviewed, and are recommending for reference within the ordinance, the California
Apartment Association's recently revised model lease addendum (Attachment 4). The lease
addendum is reference within the ordinance to provide property managers with an option for
use to fulfill the requirements for lease addendums outlined within the ordinance. The revised
lease addendum changes the wording "smoke-free areas" within the addendum to "non-
smoking areas." It also changes the capitalization of the word resident within a few locations to
delineate that the term "resident" is used in the general sense and nof referring to any specific
person. In total, Staff believes that the revisions are appropriate and still meet the requirements
for lease addendums established within the ordinance.
In order to provide time for additional outreach and solicit further feedback from the property
owners/managers, Staff is recommending that this item be continued to the June 21, 2011 City
Council meeting. As this item was noticed for the June 7, 2011 City Council meeting, the City
Council will need to continue this item to the June 21, 2011 Adjourned Regular City Council
meeting, which will begin at 5:30. pm.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
All Dublin multi-family complexes have received an individual notice about the proposed
ordinance and information about the continuance of the public hearing and its new date of
consideration.
ATTACHMENTS:
None
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