DATE: December 6, 2022
TO: Mayor and City Council
FROM: Assistant City Manager/Development Services Director SUBJECT: Smoke-Free Multi-Family Housing: Proposed Timeline for Updated Regulations
RECOMMENDATION
That Council reviews this informational report regarding the proposed schedule for evaluating and potentially adopting regulations regarding smoking within multi-family residential developments and makes any adjustments to the proposed timeline as the next three-year Strategic Roadmap is developed.
SUMMARY
The City has adopted ordinances and codes regulating smoking in many public places; however, the regulations specifically exempt private residences. The community has reached out to Council and staff requesting that the City take action immediately to regulate smoking in residential areas as well, specifically multi-family complexes. While staff recommends working to implement these regulations, it is important to schedule and prioritize this project within the context of the existing workload consistent with the projects already designated in the Strategic Roadmap. Based on review of the existing Strategic Roadmap and available staff resources, staff proposes completing this effort as a year one project in the next three-year Strategic Roadmap that commences in fiscal year 2023-24.
BACKGROUND
The City of Hayward has adopted numerous regulations addressing smoking within the City. Specifically, Hayward Municipal Code Chapter 5, Article 6 aims to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of tobacco and cannabis use around non-tobacco and non-cannabis users; by protecting children from exposure to smoking tobacco and cannabis while they play; by reducing the potential for children to associate smoking tobacco and cannabis with a healthy lifestyle; by protecting the public from smoking tobacco-related and cannabis-related litter and pollution; and by affirming and promoting the family atmosphere of the City's public places. While this section of the Municipal Code speaks to smoking in public places primarily, it specifically exempts private residences.
Recently, representatives from La Familia, as well as individual tenants in multi-family complexes within the City have outreached to the City raising concerns regarding the City’s lack of regulations pertaining to smoking within these complexes. Based on this feedback, Council requested staff review and a timeline for addressing the issue.
DISCUSSION
As discussed above, Chapter 5, Article 6 of the Hayward Municipal Code does address smoking, however, the regulations currently exempt private residences. In doing some preliminary research, the greatest concerns relate to smoking in multi-family residential complexes as opposed to single family residential units. As part of any new change in policy or direction, staff recommends that the City outreach to the community and affected parties and provide an opportunity for input prior to final Council action. Given existing priorities (i.e., Housing Element, EnerGov implementation, Vacant Building Ordinance implementation, Density Bonus, Residential Objective Design Standards, Sidewalk Vendor, Community Preservation, and Alcohol Regulations) and competing staff resources, staff recommends that this project be added to the next three-year Strategic Roadmap as a year one priority project. The below schedule reflects staff’s recommended timeframe for completion:
Task
Timeframe
Community Outreach (web page, community survey, listening sessions, etc.) July 2023-September 2023
Develop Draft Regulations
September-October 2023
Work Sessions
October-November 2023
Final Regulations
January 2024
Staff is committed to making this project a priority year one project in the next Strategic Roadmap. Alternatively, staff could begin outreach earlier, but would need to modify the anticipated timing for other priority efforts, namely the Community Preservation Ordinance.
ECONOMIC IMPACT
The economic impacts of adopting such regulations is unknown, but would be evaluated as part of the future project.
STRATEGIC ROADMAP
Establishing regulations to regulate smoking within multi-family residential developments is not currently a project in the adopted Strategic Roadmap. Given interest on the part of community members as well as Council, staff would recommend it be added as a year one project in the next three-year Strategic Roadmap under Support Quality of Life.
FISCAL IMPACT
The fiscal impacts of adopting such regulations are unknown, but would be evaluated as part of the future project.
SUSTAINABILITY FEATURES
There are no sustainability features associated with evaluating and adopting regulations regarding smoke-free multi-family housing.
PUBLIC CONTACT
There was no public outreach as part of developing the proposed project schedule. There will however, be outreach associated with the project itself including, but not limited to outreach with both residents and owners of multi-family properties anticipated for 2023.
NEXT STEPS
Staff proposes discussing this project with Council as part of the next three-year Strategic Roadmap priority setting process and begin outreach in the first half of fiscal year 2023.
Prepared by: Sara Buizer, AICP, Deputy Director of Development Services Recommended by: Jennifer Ott, Assistant City Manager/Development Services Director Approved by:
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Kelly McAdoo, City Manager