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Claire Braeburn with America On Track advocated protection against second -hand smoke. Apartment complexes have been supportive as well as the community. Amy Buch with OC Health Care Agency thanked colleagues for commitment to create healthy environments, concerned with second -smoke affects to children; the agency is available to serve as a resource or provide information on the science aspects while working in collaboration with the City. Daisy Gonzalez, with The Kennedy Commission, commented on the implementation of SB48 that empowers local jurisdiction to cite any health violations and uphold indoor housing conditions as well as effect of proactive code enforcement. She commented on the programs to help protect the tenants, city encouraged to research best practices. The public hearing was closed. Commissioners Mill, Nalle, Bacerra and Gartner expressed concerns in opposition to the second -hand smoke enforcement/regulation. Commissioner Yrarrazaval commented that the Commission was not allowed sufficient time to review and comment on the letter from The Kennedy Commission; indicated there were some relevant issues that were addressed within the letter. Associate Planner McCann stated there had been enough opportunity to integrate into the Element the concerns mentioned in the letter from The Kennedy Commission such as specific programs, city recommendation in Addendum 405 adhering to best practices and identifying which tools would be feasible for Santa Ana. Commissioner Yrarrazaval commented on item No. 7 - Code Enforcement; encouraged staff to review and report back to Commission. Staff indicated taking action during 2014 -2015. Commissioner Nalle commented on Paragraph 7 regarding code enforcement and SB48 and confirming that rodent and vermin infestation are being reported during inspections. He referred to the letter from The Kennedy Commission, to explore the feasibility of rent cost account program. Ms. McCann stated that's why concerns are being proposed taking action in the prep program to address the interior inspections as well. Alvaro Nunez, Coordinator for the Code Enforcement confirmed interior inspections will be done. Chairman Alderete voiced concern that second -hand smoke policy may be used as pre -text to evict tenants who he is opposed to; inquired if funding and resources are available to pursue this type of policy; explore rent escrow account, as a best practice. Highlighted that 81% of households are families and would rather not promote so many single- bedroom units; also encouraged staff to explore the issues addressed in the letter from The Kennedy Commission. MOTION: Recommends that the City Council: 1. Approve and adopt the Negative Declaration, Environmental Review No. 2013 -98. 2. Adopt a resolution approving General Plan Amendment No. 2013 -01. Planning Commission Minutes 3 December 9, 2013