pages: CityCouncil/2011-11-01.pdf, 6
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CityCouncil | 2011-11-01 | 6 | Councilmember Johnson inquired whether there is any evidence that electronic cigarettes permeate into other units. The Assistant City Manager responded staff has relied on subject matter experts and model ordinances through the Technical Assistance Legal Center which is funded by the California Department of Health Services and other groups; staff is not as wedded to the [electronic cigarette] provision as other provisions; removing electronic cigarettes from the proposed ordinance would not receive a lot of argument. The Acting City Attorney stated the issue is a policy call. Councilmember Johnson suggested removing electronic cigarettes from the ordinance until more information is received. Vice Mayor Bonta stated that he is looking at the ordinance from a public health prospective; more information is needed regarding impacts before a decision is made on electronic cigarettes. The Assistant City Manager stated staff would do more research on the matter. In response to Councilmember Johnson's initial comments, the Senior Management Analyst stated the second units were excluded to be consistent with individual property rights; the housing portion of the ordinance applies to rental complexes defined as multi- unit residences where 51% or more of the units are owned by the same landlord Coucilmember Johnson inquired whether other jurisdictions have applied similar bans, to which the Senior Management Analyst responded some have. Councilmember Johnson inquired whether there have been lawsuits or challenges, to which the Senior Management Analyst responded in the negative. Councilmember Johnson stated the same rules should apply if a second unit is rented out. The Assistant City Manager stated that nothing would preclude an owner of a single family home with an in-law unit from making the in-law unit smoke free. In response to Councilmember Johnson's inquiry regarding addressing beaches in the ordinance, the Senior Management Analyst stated that she did not do a lot of research regarding beaches because the East Bay Regional Park District (EBRPD) regulates the beaches. Councilmember Johnson stated the City has agreements with EBRPD; agreements should be researched; the City owns the beaches. The Assistant City Manager stated amendments could be brought back; Hirmosa Beach Regular Meeting Alameda City Council 6 November 1, 2011 | CityCouncil/2011-11-01.pdf |