AgdaPkt 2018-10-22 Joint SA PFA - Laserfiche WebLink

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Honorable V. Raymond Swope Page 3 6.1. E. - Page 51 F9. In all MUH jurisdictions, the issuance of citations for violations of MUH smoking ordinances is limited by the need to (1) observe the violation in progress, (2) see other compelling evidence that a violation had occurred, or (3) have the alleged violator admit to law or code enforcement that he or she had been smoking in violation of the MUH smoking ordinance. Response: The City partially agrees with this finding. An officer or Code Enforcement Officer investigating a landlord in violation of the MUH Ordinance should comply with the three elements described in the finding. In terms of an individual violating the Smoking Ordinance, the City believes an officer observing a person violating the smoking ordinance is itself compelling evidence of a violation. Officers are also not required to obtain an admission of guilt to substantiate a detention or a citation for the infraction. F10. The towns/cities of Colma, East Palo Alto, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Portola Valley, and San Carlos do not have smoking ordinances that restrict smoking in the multiunit residences, except in some common areas. Atherton, Hillsborough, and Woodside have no multiunit housing. Response: The City neither agrees nor disagrees with this finding. The City is not familiar with the smoking ordinances of the jurisdictions listed in the finding. F11. The MUH smoking ordinances for the cities of Brisbane, Burlingame, Daly City, and the County of San Mateo for its unincorporated areas do not prohibit smoking medical marijuana in multiunit housing. Response: The City agrees with this finding as it pertains to the Daly City Smoking Ordinance. F12. The TPP web pages do not include the following information: (a) a summary of residents' rights and obligations under the MUH smoking ordinances in their jurisdictions, (b) links to each jurisdiction's MUH smoking ordinance, and (c) information on how residents of multiunit housing can report violations of MUH smoking ordinances in their specific jurisdiction. Response: The City neither agrees nor disagrees with this finding. The City is not familiar with the TPP web pages. F13. TPP reported limited success in obtaining MUH smoking complaints data from jurisdictions, making it difficult to assess the efficacy of MUH ordinances and develop trend information. Response: The City partially agrees with this finding. The Daly City Police Department has captured little data on MUH smoking violations and therefore does not have enough data to determine the success of the ordinance nor report it to the TPP. F14. The funding allocation from the California Department of Public Health's Tobacco Control Program for TPP increased from $150,000 in FY 2016-2017 to $784,000 in FY 2017-2018. Response: The City neither agrees nor disagrees with this finding. The City is not familiar with the San Mateo County TPP Program.