City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council consider the introduction of a proposed
ordinance amending Chapter 9.11 of the Culver City Municipal Code (CCMC)
relating to smoking regulations to add a new Subchapter 9.11.200, et seq.,
regulating smoking in multi-unit housing (Attachment 1).
BACKGROUND:
During prior City Council meetings, as well as through correspondence to City
Council Members, the organization Coalition for Smoke-Free Living in Culver City
requested the City Council consider the issue of regulating smoking in multi-unit
housing and possibly adopting an ordinance in this regard. At the City Council
meeting of May 13, 2013, there was a consensus to agendize this matter for
discussion.
Meeting Date: 10/13/2014 Item Number: A-1
CITY COUNCIL AGENDA ITEM: Introduction of an Ordinance Amending Chapter
9.11 of the Culver City Municipal Code Relating to Smoking Regulations to Add a
New Subchapter 9.11.200, et seq., Regulating Smoking in Multi-Unit Housing.
Contact Person/Dept.:
Heather Baker/City Attorney
Phone Number:
(310) 253-5660
Fiscal Impact: Yes [X] No [ ] General Fund: Yes [X] No []
Public Hearing: [ ] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: PUBLICATION: Culver City News (09/25/14 and 10/09/14); EMAIL:
Meetings and Agendas – City Council (09/24/14, 10/04/14 and 10/09/14); Timely Topics –
Smoking – Multi-Unit Housing (09/24/14, 10/04/14 and 10/09/14); Approximately 153
Property Owners and 8 Homeowners’ Associations of Multi-Unit Housing (09/24/14,
10/04/14 and 10/09/14); County of Los Angeles Department of Health Services (09/24/14,
10/04/14 and 10/09/14), Culver City Chamber of Commerce (09/24/14, 10/04/14 and
10/09/14); Coalition for Smoke-Free Living in Culver City (09/24/14, 10/04/14 and
10/09/14); California Apartment Association – Los Angeles (09/24/14, 10/04/14 and
10/09/14); and Coalition for a Tobacco Free LA County (comprised of over 70
organizations – this notification was emailed courtesy of the County of Los Angeles
Department of Health Services) (10/02/14 and 10/09/14); USPS: 351 Property Owners of
Multi-Unit Housing; 17 Homeowners Associations (09/25/14).
Department Approval:
Carol Schwab (10/06/14)
City Attorney Approval:
Carol Schwab (10/06/14)
Chief Financial Officer Approval:
Jeff Muir (10/08/14)
City Manager Approval:
John M. Nachbar (10/09/14) City of Culver City, California
Agenda Item Report
On August 26, 2013, the City Council had a general policy discussion regarding this
issue and directed staff to return with a draft ordinance including a “menu of options”
for consideration and discussion. In addition, the City Council requested additional
information regarding other cities’ experiences since adoption of their ordinances.
On March 24, 2014, staff returned with the Discussion Draft Ordinance, including a
“menu of options” for City Council’s discussion. During that meeting, the City
Council received public comment, discussed various policy issues, and requested
that a survey be conducted about how property owners and Homeowners
Associations (HOAs) are handling the issue of smoking in their buildings and on their
properties. In addition, City Council directed staff to notify all apartment complex
owners and HOAs regarding the continued dialogue on this matter.
On August 11, 2014, staff returned with the additional information requested by City
Council, which included smoking policy survey results, enforcement practices of
other cities and public comment. (For more detail regarding this information, please
see the August 11, 2014 City Council Agenda Item Report, a copy of which is
attached to this report as Attachment 2.)
Public Comment
? August 11, 2014 City Council Meeting: Public comment was received both in
favor of and opposed to regulating smoking in multi-unit housing. In addition,
other public speakers took a neutral position on the adoption of an ordinance,
but did express concerns with local regulation. The following is a summary of
comments received.
? Opposition or Neutral Position: Five speakers (including the
California Apartment Association, the Culver City Chamber of
Commerce, the Meadows Apartments’ Assistant Manager, a member
of one of the Culver City HOAs and a local Culver City realtor) felt that
municipal regulation in this area is unnecessary and that the issue
should be resolved between landlords and tenants or by HOA boards.
These speakers further believed that the trend in multi-unit housing is
that more non-smoking units and/or non-smoking buildings are
available to renters. A few of the speakers indicated they were not
opposed to an ordinance per se, but requested that, if the City were to
regulate smoking in multi-unit housing, then they would like to see
particular issues addressed: 1) ensure that landlords are not liable to
tenants for enforcing (or not enforcing) the regulations and that the City
partner with landlords to make the regulations effective; 2) provide
property owners with sufficient time (i.e. 18 months) to implement the City of Culver City, California
Agenda Item Report
requirements of the ordinance; and 3) address the application of
smoking prohibition to the smoking of medical marijuana.
? Support: The remaining seven speakers (including a representative
from the Coalition for Smoke-Free Living in Culver City) were in
support of the City Council adopting regulations prohibiting smoking in
multi-unit housing, citing that the migrating smoke through doors,
windows, walls, electrical outlets, and ventilation systems creates
significant health impacts and a nuisance, particularly for children and
the elderly living in apartments and condominium/townhome
communities.
? Written Public Comment Received on or After August 11, 2014: Attached to
this report are copies of all written public comment received on or after the
August 11
th
meeting up through and including the date this report was posted
to the City’s website (Attachment 3).
City Council Discussion
During the August 11
th
meeting, after consideration of the information in the staff
report and receiving public testimony and written comments, the City Council
continued its discussion of regulating smoking in multi-unit housing and directed staff
to return with a proposed ordinance to include the following:
? Applicability to all existing and new units of multi-unit housing of two units or
more, including condominiums and townhomes (excluding hotels/motels and
mobile home parks);
? Smoking prohibition in individual units, as well as in exclusive-use areas
associated with a unit, such as patios and balconies;
? Smoking prohibition in common areas, with designated smoking areas being
permitted if they meet certain criteria (i.e. must be located at least 25 feet
from non-smoking areas);
? Phase-in period of 18 months or the renewal of a lease, whichever occurs
first;
? Broadest definition of tobacco product, but exclude electronic smoking
devices;
? No exemption for the smoking of medical marijuana; and
? Enforcement of ordinance by private parties—no City enforcement.
City of Culver City, California
Agenda Item Report
DISCUSSION:
Proposed Ordinance
In accordance with the City Council’s direction provided on August 11, 2014, the
proposed ordinance contains the following key provisions:
1. Applicability of Regulations:
a. Definition of multi-unit residence. “Multi-unit residence” has been defined
as a property containing two or more units, excluding hotels/motels, mobile
home parks, single-family homes and single-family homes with detached or
attached accessory dwelling units when permitted by the Zoning Code. The
City Council specifically did not exclude common interest complexes (i.e.
condominiums and townhomes). (See Section 9.11.205 of the proposed
ordinance).
b. Existing and/or new units. The City Council included all existing and new
units in the smoking prohibition.
c. Phase-in Plan. The City Council felt that an 18-month phase-in plan will
strike a good balance between the potential legal rights of tenants under
existing rental agreements and the legal authority of landlords to modify such
rental agreements in compliance with a newly adopted ordinance. In addition,
this should give HOA boards sufficient time to amend their rules and
regulations to address the City’s smoking prohibitions. Such a phase-in plan
includes a required period of time within which landlords and HOA boards
must notify tenants and homeowners, as applicable, of the new smoking
regulations and the “effective date” on which the non-smoking regulations will
be enforced (18 months after the effective date of the ordinance). The City’s
outreach to and education of those affected by the new regulations will likely
be important factors in gaining cooperation from landlords, tenants, HOA
boards, and condominium/townhome residents.
d. Definition of Smoking. The City Council directed that the broadest
definition of smoking be utilized; however, electronic smoking devices (e-
cigarettes) should be excluded. In addition, per the City Council’s direction,
there is no exemption for the smoking of medical marijuana.
2. Locations Where Smoking is Prohibited:
City of Culver City, California
Agenda Item Report
a. Common areas. The proposed ordinance prohibits smoking in both indoor
and outdoor common areas. It also provides a landlord or HOA board with
the authority to designate a portion of a common area as a designated
smoking area, subject to certain requirements (i.e. must be an unenclosed
area, located at least 25 feet from a nonsmoking area or area primarily used
by children or used for physical activity). (See Sections 9.11.205 and
9.11.215 of the proposed ordinance)
b. Exclusive-use areas, such as balconies and patios. This restriction is
accomplished by including exclusive-use areas in the definition of “Unit,”
as well as a specific prohibition against smoking in these areas. (See
Sections 9.11.205, 9.11.210, 9.11.225, 9.11.230 and 9.11.240 of the
proposed ordinance)
c. Smoke-free buffer zones. This provision prohibits smoking in
unenclosed areas of a multi-unit residence or adjacent property within 25
feet in any direction of any doorway, window, opening, or other vent into
an enclosed non-smoking area. (See Sections 9.11.210 and 9.11.220 of
the proposed ordinance)
d. Individual units. Per the City Council’s direction, smoking is prohibited in
100% of all individual units. (See Sections 9.11.210, 9.11.225, 9.11.230
and 9.11.240 of the proposed ordinance)
3. Enforcement: The City Council determined that its preference is to provide for
private enforcement at this time due to limited City resources. A comprehensive
provision for private enforcement through civil remedies is included in the
proposed ordinance. (See Sections 9.11.255 and 9.11.260 of the proposed
ordinance) There are also provisions of the proposed ordinance that are intended
to encourage and promote self-regulation and compliance (i.e. clear,
conspicuously posted “no smoking” signs).
*Outstanding Enforcement Issue: Although smoking violations will be
enforced by private parties, staff would like clarification as to whether the City
Council wants City staff to enforce other types of regulations (i.e. required
signage, requirements for designated smoking areas, requirements to provide
notice to tenants and homeowners regarding the smoking regulations,
requirements to amend lease agreements and rules and regulations, etc.).
Staff requests the City Council provide further direction in this regard. If the
City Council determines to provide some limited enforcement regarding these
types of issues, then it would be subject to the same methods of enforcement
as other existing smoking-related regulations, including, but not limited to,
administrative citations, infraction and/or misdemeanor citations, and civil City of Culver City, California
Agenda Item Report
action. If such limited enforcement is desired, staff will work with other
Departments to consider options for conducting inspections to ensure required
signage is posted and designated smoking areas meet the minimum
requirements. In the event the City would need to take an enforcement action,
it would be handled as resources permit, taking into consideration the existing
work plans of the Community Development Department – Enforcement
Services Division and the City Attorney’s Office. Should the City Council elect
to provide limited City enforcement in this regard and determine it wishes to
make it a higher priority, additional resources would likely need to be
dedicated to this effort.
Outreach and Education
If the City Council ultimately adopts an ordinance regulating smoking in multi-unit
housing, City staff, including the Community Development Department and City
Attorney’s Office, will implement various methods of outreach and education to those
affected by and subject to the new regulations, including property owners, tenants,
HOA boards and condominium/townhome residents. Outreach and education may
include, but is not limited to, multiple notifications, publication, community meetings,
and a dedicated page on the City’s website containing comprehensive information
about the regulations (including effective date, enforcement, deadlines, etc.).
Several other cities that have adopted similar regulations have resources and
materials from their outreach and education programs that may be helpful to Culver
City and will be reviewed by City staff prior to implementing the City’s
outreach/education program.
Staff recommends the City Council consider the proposed ordinance for introduction
and provide additional direction to staff as deemed appropriate.
FISCAL ANALYSIS:
Should the ordinance be introduced this evening and subsequently adopted by the
City Council, the additional regulations prohibiting smoking in multi-unit housing may
require increased enforcement activity by the Community Development Department
- Enforcement Services Division and the City Attorney’s Office, depending on
whether the City Council determines to provide limited City enforcement of certain
regulations (i.e. required signage, designated smoking area requirements, etc.). In
addition, staff time would be required to 1) prepare and disseminate information
about the newly adopted regulations; and 2) conduct outreach to affected property
owners, tenants, HOA boards and condominium/townhome residents, which may
include community meetings. These costs are not easily quantifiable at this time.
City of Culver City, California
Agenda Item Report
ATTACHMENTS:
1. Proposed Ordinance
2. August 11, 2014 City Council Agenda Item Report (without attachments)
3. Written public comment received on or after the August 11th meeting up through
and including the date this report was posted to the City’s website
MOTION:
That the City Council:
(1) Provide clarification and direction related to enforcement; and,
(2) Introduce an ordinance amending Chapter 9.11 of the Culver City Municipal
Code (CCMC) relating to smoking regulations to add a new Subchapter
9.11.200, et seq., regulating smoking in multi-unit housing.