AC/AC K
Width
Maintenance
Date
St ID Sec ID Street Name
VALERG VALERG VALERGA DRIVE Residential/Local
Functional Class
Treatment Sq. Ft. Thickness
PCI Prior to
M&R
PCI after
M&R
Cost of
Maintenance
Begin Location
Alameda de las Pulgas
End Location
Dead End 600 40 24,000
Length Area
Surface
Type
Pre-Combine?
Area ID
94 Current
PCI
03/19/2021 FDR WITH HMA OVERLAY 0 0 1 100 $0
09/09/2021 HEAVY REHABILITATION 0 0 94 100 $0
Comments
AC/AC D
Width
Maintenance
Date
St ID Sec ID Street Name
VALLEY VALL1 VALLEY VIEW AVENUE Residential/Local
Functional Class
Treatment Sq. Ft. Thickness
PCI Prior to
M&R
PCI after
M&R
Cost of
Maintenance
Begin Location
NOTRE DAME
AVENUE
End Location
1727 VALLEY VIEW
AVENUE
1,050 22 23,100
Length Area
Surface
Type
Pre-Combine?
Area ID
69 Current
PCI
09/09/2021 SLURRY SEAL 0 0 60 70 $0
Comments
AC/AC D
Width
Maintenance
Date
St ID Sec ID Street Name
VALLEY VALL2 VALLEY VIEW AVENUE Residential/Local
Functional Class
Treatment Sq. Ft. Thickness
PCI Prior to
M&R
PCI after
M&R
Cost of
Maintenance
Begin Location
1727 VALLEY VIEW
AVENUE
End Location
OAK KNOLL DRIVE 1,150 20 23,000
Length Area
Surface
Type
Pre-Combine?
Area ID
89 Current
PCI
09/09/2021 SLURRY SEAL 0 0 83 90 $0
Comments
AC/AC K
Width
Maintenance
Date
St ID Sec ID Street Name
VILCT VILCT VILLAGE COURT Residential/Local
Functional Class
Treatment Sq. Ft. Thickness
PCI Prior to
M&R
PCI after
M&R
Cost of
Maintenance
Begin Location
VILLAGE DRIVE
End Location
END OF CUL DE SAC 350 36 12,600
Length Area
Surface
Type
Pre-Combine?
Area ID
74 Current
PCI
09/09/2021 SLURRY SEAL 0 0 64 74 $0
Comments
AC/AC K
Width
Maintenance
Date
St ID Sec ID Street Name
VILDR VILDR VILLAGE DRIVE Residential/Local
Functional Class
Treatment Sq. Ft. Thickness
PCI Prior to
M&R
PCI after
M&R
Cost of
Maintenance
Begin Location
CARLMONT DRIVE
End Location
DEAD END 1,000 36 36,000
Length Area
Surface
Type
Pre-Combine?
Area ID
78 Current
PCI
09/09/2021 SLURRY SEAL 0 0 70 79 $0
Printed: 4/25/2022
M & R History CITY OF BELMONT
Criteria: Maintenance Date BETWEEN 1/1/2018 AND
1/1/2022
30 MTC StreetSaver 266
Comments
AC F
Width
Maintenance
Date
St ID Sec ID Street Name
VILLA VILLA2 VILLA AVENUE Residential/Local
Functional Class
Treatment Sq. Ft. Thickness
PCI Prior to
M&R
PCI after
M&R
Cost of
Maintenance
Begin Location
BELBURN DRIVE
End Location
RALSTON AVENUE 345 29 10,005
Length Area
Surface
Type
Pre-Combine?
Area ID
93 Current
PCI
03/19/2021 FDR WITH HMA OVERLAY 0 0 22 100 $0
09/09/2021 SLURRY SEAL 0 0 94 98 $0
Comments
AC E
Width
Maintenance
Date
St ID Sec ID Street Name
VINE VINE2 VINE STREET Residential/Local
Functional Class
Treatment Sq. Ft. Thickness
PCI Prior to
M&R
PCI after
M&R
Cost of
Maintenance
Begin Location
1537 VINE STREET /
COP
End Location
SAN CARLOS CITY
LIMIT / COP
955 25 23,875
Length Area
Surface
Type
Pre-Combine?
Area ID
77 Current
PCI
09/09/2021 SLURRY SEAL 0 0 69 78 $0
Comments
AC J
Width
Maintenance
Date
St ID Sec ID Street Name
WAKCT WAKCT WAKEFIELD COURT Residential/Local
Functional Class
Treatment Sq. Ft. Thickness
PCI Prior to
M&R
PCI after
M&R
Cost of
Maintenance
Begin Location
WAKEFIELD DRIVE
End Location
END OF CUL DE SAC 250 32 8,000
Length Area
Surface
Type
Pre-Combine?
Area ID
82 Current
PCI
09/09/2021 SLURRY SEAL 0 0 74 83 $0
Comments
AC J
Width
Maintenance
Date
St ID Sec ID Street Name
WAKDR WAK1 WAKEFIELD DRIVE Residential/Local
Functional Class
Treatment Sq. Ft. Thickness
PCI Prior to
M&R
PCI after
M&R
Cost of
Maintenance
Begin Location
HALLMARK DRIVE
End Location
SOMERSET DRIVE 600 32 19,200
Length Area
Surface
Type
Pre-Combine?
Area ID
77 Current
PCI
09/09/2021 SLURRY SEAL 0 0 68 77 $0
Comments
AC J
Width
Maintenance
Date
St ID Sec ID Street Name
WAKDR WAK2 WAKEFIELD DRIVE Residential/Local
Functional Class
Treatment Sq. Ft. Thickness
PCI Prior to
M&R
PCI after
M&R
Cost of
Maintenance
Begin Location
SOMERSET DRIVE
End Location
WAKEFIELD DRIVE 2,800 32 89,600
Length Area
Surface
Type
Pre-Combine?
Area ID
77 Current
PCI
09/09/2021 SLURRY SEAL 0 0 68 77 $0
Comments
AC/AC E
Width
Maintenance
Date
St ID Sec ID Street Name
WALTER WALT2 WALTERMIRE STREET Residential/Local
Functional Class
Treatment Sq. Ft. Thickness
PCI Prior to
M&R
PCI after
M&R
Cost of
Maintenance
Begin Location
FIFTH AVENUE
End Location
EL CAMINO REAL 241 32 7,712
Length Area
Surface
Type
Pre-Combine?
Area ID
92 Current
PCI
09/09/2021 SLURRY SEAL 0 0 87 93 $0
Printed: 4/25/2022
M & R History CITY OF BELMONT
Criteria: Maintenance Date BETWEEN 1/1/2018 AND
1/1/2022
31 MTC StreetSaver 267
Comments
AC E
Width
Maintenance
Date
St ID Sec ID Street Name
WALTER WALT3 WALTERMIRE STREET Residential/Local
Functional Class
Treatment Sq. Ft. Thickness
PCI Prior to
M&R
PCI after
M&R
Cost of
Maintenance
Begin Location
SIXTH AVENUE
End Location
FIFTH AVENUE 259 38 9,842
Length Area
Surface
Type
Pre-Combine?
Area ID
88 Current
PCI
09/09/2021 SLURRY SEAL 0 0 82 89 $0
Comments
AC J
Width
Maintenance
Date
St ID Sec ID Street Name
WALTHA WALTH1 WALTHAM CROSS Residential/Local
Functional Class
Treatment Sq. Ft. Thickness
PCI Prior to
M&R
PCI after
M&R
Cost of
Maintenance
Begin Location
COMSTOCK CIRCLE
End Location
2748 WALTHAM
CROSS
1,000 31 31,000
Length Area
Surface
Type
Pre-Combine?
Area ID
92 Current
PCI
07/15/2018 SLURRY SEAL 0 0 75 83 $0
Comments
AC J
Width
Maintenance
Date
St ID Sec ID Street Name
WALTHA WALTH2 WALTHAM CROSS Residential/Local
Functional Class
Treatment Sq. Ft. Thickness
PCI Prior to
M&R
PCI after
M&R
Cost of
Maintenance
Begin Location
2748 WALTHAM
CROSS
End Location
ST. JAMES ROAD 435 31 13,485
Length Area
Surface
Type
Pre-Combine?
Area ID
86 Current
PCI
07/15/2018 SLURRY SEAL 0 0 73 81 $0
Comments
AC J
Width
Maintenance
Date
St ID Sec ID Street Name
WATERL WATERL WATERLOO COURT Residential/Local
Functional Class
Treatment Sq. Ft. Thickness
PCI Prior to
M&R
PCI after
M&R
Cost of
Maintenance
Begin Location
HALLMARK DRIVE
End Location
END OF CUL DE SAC 700 32 22,400
Length Area
Surface
Type
Pre-Combine?
Area ID
86 Current
PCI
07/15/2018 SLURRY SEAL 0 0 67 77 $0
Comments
AC/AC J
Width
Maintenance
Date
St ID Sec ID Street Name
WEMBER WEMB2 WEMBERLY DRIVE Residential/Local
Functional Class
Treatment Sq. Ft. Thickness
PCI Prior to
M&R
PCI after
M&R
Cost of
Maintenance
Begin Location
HALLMARK DRIVE
End Location
ST. JAMES ROAD 1,000 31 31,000
Length Area
Surface
Type
Pre-Combine?
Area ID
91 Current
PCI
07/15/2018 SLURRY SEAL 0 0 64 74 $0
Comments
AC/AC C
Width
Maintenance
Date
St ID Sec ID Street Name
WESSEX WESS1 WESSEX WAY Residential/Local
Functional Class
Treatment Sq. Ft. Thickness
PCI Prior to
M&R
PCI after
M&R
Cost of
Maintenance
Begin Location
END OF CUL DE SAC
End Location
HILLER STREET 600 34 20,400
Length Area
Surface
Type
Pre-Combine?
Area ID
94 Current
PCI
03/19/2021 FDR WITH HMA OVERLAY 0 0 10 100 $0
09/09/2021 HEAVY REHABILITATION 0 0 93 100 $0
Printed: 4/25/2022
M & R History CITY OF BELMONT
Criteria: Maintenance Date BETWEEN 1/1/2018 AND
1/1/2022
32 MTC StreetSaver 268
Comments
AC/AC C
Width
Maintenance
Date
St ID Sec ID Street Name
WESSEX WESS3 WESSEX WAY Residential/Local
Functional Class
Treatment Sq. Ft. Thickness
PCI Prior to
M&R
PCI after
M&R
Cost of
Maintenance
Begin Location
GRANADA STREET
End Location
ENTRANCE TO POST
OFFICE
400 34 13,600
Length Area
Surface
Type
Pre-Combine?
Area ID
94 Current
PCI
03/19/2021 FDR WITH HMA OVERLAY 0 0 11 100 $0
09/09/2021 HEAVY REHABILITATION 0 0 93 100 $0
Comments
AC/AC G
Width
Maintenance
Date
St ID Sec ID Street Name
WOOSTE WOOSTE WOOSTER AVENUE Residential/Local
Functional Class
Treatment Sq. Ft. Thickness
PCI Prior to
M&R
PCI after
M&R
Cost of
Maintenance
Begin Location
SAN MATEO CITY
LIMIT
End Location
CIPRIANI BOULEVARD 900 18 16,200
Length Area
Surface
Type
Pre-Combine?
Area ID
94 Current
PCI
03/19/2021 FDR WITH HMA OVERLAY 0 0 32 100 $0
09/09/2021 LIGHT REHABILITATION 0 0 94 100 $0
Comments
AC/AC J
Width
Maintenance
Date
St ID Sec ID Street Name
YOSEMI YOSEMI YOSEMITE DRIVE Residential/Local
Functional Class
Treatment Sq. Ft. Thickness
PCI Prior to
M&R
PCI after
M&R
Cost of
Maintenance
Begin Location
TAHOE DRIVE
End Location
LASSEN DRIVE 1,100 28 30,800
Length Area
Surface
Type
Pre-Combine?
Area ID
77 Current
PCI
09/09/2021 SLURRY SEAL 0 0 69 78 $0
Printed: 4/25/2022
M & R History CITY OF BELMONT
Criteria: Maintenance Date BETWEEN 1/1/2018 AND
1/1/2022
33 MTC StreetSaver 269
Pavement Management Technical
Assistance Update (P-TAP 2022)
October 11, 2022270
What is PTAP?
Fixing potholes
Repairing and maintaining 70 Miles of City Streets
PTAP is a regional program in the
Bay Area to update and assess
overall pavement condition –
Pavement Management
Technical Assistance Program
• PTAP Update 2022 • 2 271
• PTAP Update 2022 • 3
Belmont Private Streets = 33 road/segments and roughly 6+ miles Belmont Streets Owned/Maintained by Category
272
• PTAP Update 2022 • 4
2019 vs 2022 Condition
2019 PCI = 63 2022 PCI = 68
273
• PTAP Update 2022 • 5
Current Condition
2022 Inspection PCI = 68
274
• PTAP Update 2022 • 6
Increase in PCI from 63--> 68 due to
significant capital investment
- 2019 Pavement Project Phase II
- Overlay / Slurry Sealed 8 segments
- 2020 Street Reconstruction Project
- Reconstructed 10 segments
- 2021 Slurry Project
- Slurry Sealed 109 segments
- 2022 Pavement Project
- Reconstructed 5 segments
- 2022 Pavement Preservation Project
- Heavy digout repair and slurry sealed 8 segments
Recent 4-year investment of all projects: About $7 Million 275
• Measure I At Work • 7
FY 2017–18 FY 2018–19 FY 2019–20 FY 2020–21 4 YEAR TOTAL PAVING 357 Tons 599 Tons 427 Tons 420 Tons 1,803 Tons
POHTHOLES
FILLED 630 Potholes 810 Potholes 277 Potholes 347 Potholes 2,064 Potholes CRACK SEALED 96,472 Ft. 66,836 Ft. 52,817 Ft. 165,175 Ft. 381,300 Ft.
USA MARK
OUTS 1,860 Marked 1,635 Marked 1,828 Marked
(UTILITY, DEV.) 1,760 Marked 7,083 Marked
In-House Street Maintenance
276
• PTAP Update 2022 • 8
Funding Scenarios
Analysis Period: 5 Years (2023-2027)
Inflation Factor: 3.5%
• Do Nothing
• City’s “Existing” Funding ($1.7 Million/Year)
• Latest Budget estimates are $2.2 Million/Yr.
• Maintain Current PCI 68
• Improve PCI by 5 Points
• Maximum Investment
277
• PTAP Update 2022 • 9
Do Nothing ($0/Year)
278
• PTAP Update 2022 •
10 City’s Existing Funding ($1.7 Million/Year)
279
• PTAP Update 2022 • 11
Maintain Current PCI
($2.6 Million/Year)
280
• Measure I At Work • 12
FY 2021–22
ESTIMATED
FY 2022–23
ANTICIPATED
FY 2023–24
ANTICIPATED
FY 2024–25
ANTICIPATED
REVENUE $2.2m $2.2m $2.2m $2.3m
EXPENDITURES $1.5m $4.7m $2.1m $3m
MEASURE I ADVISORY COMMITTEE DATA • DECEMBER 3, 2021
Total Revenue & Expenditures
Collected by Fiscal Year, in Millions
281
• PTAP Update 2022 • 13
Improve PCI by 5 Points
($4.8 Million/Year)
282
• PTAP Update 2022 • 14
Maximum Investment
($7.2 Million/Year)
283
• PTAP Update 2022 • 15
Summary
• City has a substantial investment in the street network ($222.5 Million)
• Overall PCI was 56 before Measure I/SB1 funding in 2016 • Network is in “Fair” condition with a PCI of 68, overall 70 PCI is considered “Good”
• Existing budget ($1.7M/Year) may lead to decrease in PCI PCI may deteriorate to 67 in five years
Deferred maintenance will increase to $42.8 Million
% of network “Failed” condition will increase
284
What Benefits
has Belmont seen since Measure I’s Adoption?
• Measure I At Work • 16
Five Year Pavement Plan Underway
• Now in place, systematically improving
roads citywide
• Plan is updated every three years
• Details available on Belmont’s
Public Works page at:
belmont.gov/departments/public-works
Pavement Condition Index (PCI)
Improvement
• Measurement of street quality
on a scale of 0-100
• Risen significantly since Measure
I’s adoption in 2017, from 56 to
68 285
286
Amended Agreements for PROS - Staff Report
STAFF REPORT
Meeting Date: October 11, 2022
Agency: City of Belmont
Staff Contact: Brigitte Shearer, Parks and Recreation Director, (650) 595-7488, [email protected]
Agenda Title: Amended Services Agreement with WRA, Inc. and Additional Budget Authorization
Agenda Action: Resolution
Recommendation
Adopt a resolution (1) authorizing the City Manager to negotiate a contract amendment with WRA, Inc., for services related to the Parks, Recreation and Open Space Master Plan (Plan)in the additional amount of $82,500 ($75,000 plus a 10% contingency), for a total not-to-exceed amount of $231,220 and (2) authorizing a supplemental budget appropriation of $74,250 from the Open Space Fund’s fund balance and a transfer of $8,250 from the Belmont Fire Protection District Fund to the Open Space Management Plan Project #8096 for this purpose.
Strategic Focus Area
Quality of Life
Background
In 2017, the City adopted a comprehensively updated General Plan that incorporated the San Juan Hills Area Plan adopted in 1988 and the Western Hills Area Plan adopted in 1990. The City prepared environmental impact reports (EIR) under the California Environmental Quality Act (CEQA) for each area plan and the comprehensive update to the General Plan. The City has embarked on an update to its Park, Recreation, and Open Space (PROS) Master Plan including an Open Space Management Plan (OSMP) as one of the anticipated implementation actions under the Parks, Recreation and Open Space Element in the updated General Plan.
On September 8, 2020, City Council authorized the City Manager to execute an Agreement with Gates + Associates to develop a Parks, Recreation, and Open Space (PROS) Master Plan to guide decision-making related to parks and recreation planning, programming, and funding for a 15+ year horizon.
On December 14, 2021, Council adopted Resolution 2021-106 authorizing the City Manager to execute an Agreement with WRA, Inc. to develop an Open Space Management Plan for an amount of $116,200, plus a 10% contingency, for a total not-to-exceed of $127,820. Developing an Open Space Management Plan as a component of the PROS Master Plan has provided an opportunity to better address specific concerns raised regarding the management of this highly valued community resource. The final Plan will provide a foundation for sustainable wildfire mitigation, vegetation and natural resource management, and trail maintenance and management standards in accordance with the City’s 2035 General Plan. 287
Amended Agreements for PROS - Staff Report
On June 14, 2022, Council adopted Resolution 2022-054 authorizing the City Manager to execute an amendment to the Services Agreement with WRA, Inc. for an additional amount of $19,000, plus a 10% contingency, for a total not-to-exceed of $148,720. This additional funding was deemed necessary due to more frequent meetings with City staff and Gates + Associates (PROS Master Plan consultants), preparation for and execution of one additional PROS Master Plan Advisory Committee meeting, and a more extensive site assessment scope and review of community input.
Once completed and approved, the PROS Master Plan will include recommendations for individual park improvements and the development of new park spaces within Belmont. In addition, its Open Space Management Plan component will include recommended actions and policies to enhance environmental sustainability and the recreational experience within the City’s treasured open space. The Plan, currently in draft form, is the culmination of an 18+-month effort including benchmarking, site assessments, and extensive community outreach. Multiple engagement channels have provided significant opportunities for community input.
Analysis
The PROS Master Plan was originally intended to serve exclusively as a planning and feasibility study for the future of the City’s parks and open spaces. This level of planning is statutorily exempt from CEQA analysis at the time of study, though any resulting projects are subject to CEQA review prior to implementation. Staff has evaluated the totality and degree of specificity of Plan’s draft recommendations, including the OSMP’s recommendations, and believes beginning CEQA review earlier than originally anticipated will benefit the City by (1) streamlining the future CEQA process for initiating individual projects, (2) ensuring timeliness of CEQA review, and (3) providing a fiscally prudent process for CEQA compliance.
WRA will prepare an initial study (IS) which will determine whether and to what extent the discretionary approval of the Plan including the OSMP requires further environmental review under CEQA due to changes in the General Plan project, changes in circumstances, or new information. The findings from the Initial Study, which is expected to take 3-6 months to complete, will then provide a recommendation for the appropriate further CEQA review that may be needed for the City to proceed with Plan adoption and implementation. Once complete, Staff will report to Council and provide an updated timeline and cost estimate.
Since December 2020, PROS Master Plan services have been provided by Gates + Associates, who have nearly completed most of their original scope of work, billing $203,212.45 for services rendered--95% of their not-to-exceed (excluding contingency). There are sufficient funds remaining in the current Gates + Associates contract to support this Initial Study effort.
To complete the work associated with the Initial Study, a contract amendment with WRA, Inc. is necessary. Since December 2021, Open Space Management Plan services have been provided by WRA, Inc., who have completed their original and amended scope of work, billing the full $148,720 for services rendered.
Staff now recommends that City Council authorize the City Manager to negotiate a proposal with WRA, Inc. for an amount not-to-exceed $75,000 plus a 10% contingency. 288
Amended Agreements for PROS - Staff Report
Alternatives
1. Continue the item
2. Take no action
Attachments
A. Resolution
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:
A supplemental budget appropriation of $74,250 from Open Space Fund (343) fund balance and a transfer of $8,250 from Belmont Fire Protection District Fund (223) to the Open Space Management Plan Capital Improvement Project #8096 are
necessary for this purpose.
Source: Purpose: Public Outreach:
Council Council Vision/Priority Posting of Agenda
289
RESOLUTION NO. 2022 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AMENDMENT TO THE CONTRACT WITH WRA, INC., FOR CONSULTING SERVICES IN AN ADDITIONAL AMOUNT OF $82,500 ($75,000 PLUS A 10% CONTINGENCY), FOR A TOTAL NOTTO-EXCEED OF $231,220, AND AUTHORIZING A BUDGET APPROPRIATION OF $74,250 FROM OPEN SPACE FUND 343 FUND BALANCE AND A TRANSFER OF $8,250 FROM BELMONT FIRE PROTECTION DISTRICT FUND 223 TO OPEN SPACE MANAGEMENT PLAN CAPITAL IMPROVEMENT PROJECT #8096 FOR
THIS PURPOSE
WHEREAS, On December 14, 2021, City Council adopted Resolution 2021-106 authorizing the City Manager to execute a Services Agreement with WRA, Inc. to develop an Open Space Management Plan component of the Parks, Recreation, and Open Space Master Plan (PROS Plan) for an amount not to exceed $116,200, plus a contingency amount of $11,620 for a total of $127,820; and,
WHEREAS, on June 14, 2022, Council adopted Resolution 2022-054 authorizing the City Manager to execute an amendment to the Agreement with WRA, Inc. for an additional amount of $19,000 plus a 10% contingency, for a total not-to-exceed of $148,720 due to more frequent meetings with City staff and Gates + Associates (PROS Plan consultants), preparation for and execution of one additional PROS Plan Advisory Committee meeting, and a more extensive site assessment scope and review of community input; and, WHEREAS, additional funds and contract authorization are needed to complete an initial study under CEQA.
NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:
SECTION 1. The City Manager is authorized to negotiate and execute an amendment to the Agreement with WRA, Inc, for preparation of an initial study for an additional amount not to exceed $75,000 with a 10% contingency, for a total not to exceed amount of $231,220.
SECTION 2. To authorize a supplemental budget appropriation of $74,250 from Open Space Fund 343 Fund Balance and a transfer of $8,250 from Belmont Fire Protection District Fund 223 to Open Space Management Plan Capital Improvement Project #8096 for this purpose. * * *
ADOPTED October 11, 2022 by the City of Belmont City Council by the following vote:
Ayes:
Noes:
Absent:
Abstain:
290
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:
City Attorney
291
Page | 1
Council Agena Item 11-Flavored Tobacco
Council Agenda Item 11
Matter of Council
Interest/Clarification
Meeting Date: October 11, 2022
Councilmember(s): Davina Hurt and Charles Stone
Item Title: Regulating And Banning The Sale Of Flavored Tobacco And Electronic Smoking Devices
Description of Issue/Request:
Councilmembers Hurt and Stone request Council consideration of an ordinance regulating the sale of flavored tobacco and electronic devices, reducing access to products that have public health implications especially to the youth demographic.
Vaping (i.e, smoking through an electronic cigarette) generally involve flavored tobacco with nicotine that can appeal to teenagers and lead to traditional tobacco cigarette use.
The California Law SB-793, which would prohibit the sale of most flavored tobacco products, was suspended as a result of a qualifying referendum. This bill (California Proposition 31, Flavored Tobacco Products Ban Referendum (2022)) was placed on the November 2022 statewide general election for vote. Opponents of Proposition 31 seek to overturn Senate Bill 793 (SB 793), which was signed into law on August 28, 2020. SB 793 was designed to ban the sale of flavored tobacco products and tobacco product flavor enhancers, with exceptions for hookah tobacco, loose leaf tobacco, and premium cigars. Therefore, there is currently no CA State ban in effect. However, some jurisdictions in San Mateo County have adopted their own local ordinances restricting the sale of flavored tobacco and/or electronic cigarettes.
In 2021, about 1 out of every 35 middle school students and 1 out of every 9 high school students reported that they had used electronic cigarettes in the past 30 days. Millions of teens are vaping and using flavored e-cigarettes in the United States additionally use by local middle and high school students is occurring.
If this referendum succeeds, it will repeal the contested legislation, Senate Bill 793 (SB 793), thus keeping the sale of flavored tobacco legal in the state.
Approximately how much staff involvement will this item take? This would likely involve research by the City Attorney and Director of Community Development to review case law and best practices in the area of public policy.
Financial Implications?
Potential loss of tax revenues and relatively minor staff cost to research the issue and prepare a draft ordinance.
292
Page | 2
Council Agena Item 11-Flavored Tobacco
Council Agenda Item 11
Matter of Council
Interest/Clarification
How time sensitive is this issue?
While there is no imminent danger to public health, research and development of policy options should be conducted in a timely manner.
General Plan/Vision Statement.
This measure would be consistent with the Council’s past efforts to support the General Plan’s public health objectives through ordinances, resolutions, and other formal actions.
Attachments
A. San Mateo County Sample Ordinance
293
1 ORDINANCE NO. .
BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA * * * * * *
AN ORDINANCE REPEALING CHAPTERS 4.95, 4.98, and 4.99, AND ADOPTING A NEW CHAPTER 4.98 OF TITLE 4 OF THE SAN MATEO COUNTY ORDINANCE
CODE TO CONSOLIDATE AND CLARIFY EXISTING AND ENACT ADDITIONAL
REQUIREMENTS FOR TOBACCO RETAILER PERMITS
The Board of Supervisors of the County of San Mateo, State of California, ORDAINS as follows:
SECTION 1. Findings.
The Board of Supervisors finds and determines that:
(a) A local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the Board of Supervisors, to protect the health, safety, and welfare of San Mateo County residents.
(b) Despite the state’s efforts to limit youth access to tobacco, youth are still able to access tobacco products, as evidenced by the following:
1. In California, over 67% of current and former adult smokers started smoking by the age of 18;¹
2. In 2019-20, 28.6% of California high school students had ever used any tobacco product and 9.7% currently used tobacco in the last 30 days.;²
3. According to the 2019-20 California Student Tobacco Survey, for San Mateo County, the current vapes use prevalence among high school students was 8.7%.³
(c) California retailers continue to sell tobacco to underage consumers, evidenced by the following:
1. According to the 2019-20 California Student Tobacco Survey, among current vapers, 51.2% reported paying for their vapes. Out of those who paid for their vapes, 27.1% reported buying them from the store.;⁴
2. In the Bay Area, 21.6% of licensed tobacco retailers sold tobacco products to underage decoys in 2019;⁵
294
2 3. In 2019, the San Mateo County Sheriff’s Office coordinated undercover enforcement operations and found that 25 out of 289 visits to retailers by underage decoys resulted in tobacco sales to the youth decoys.
(d) The tobacco industry’s price discounting strategies, such as coupons and multiple-package discounts, are popular among consumers, with more than half of adults using some price minimization strategy. In California, individuals who use price minimization strategies save an average $1.04 per pack (or 18.6% off the total price per pack).⁶
(e) The density and proximity of tobacco retailers influence smoking behaviors, including the number of cigarettes smoked per day.⁷
(f) Adults who smoke have a harder time quitting when residential proximity to tobacco retailers is smaller⁸ and density is higher.⁹
(g) Policies to reduce tobacco retailer density have been shown to be effective¹º and may reduce or eliminate inequities in the location and distribution of tobacco retailers.
(h) Strict enforcement of policies prohibiting retail sales of cigarettes to youth, sales of cigarettes via vending machines, and other means through which youth gain access to tobacco in the commercial settings can limit their opportunities to obtain these products.¹¹
(i) Strong policy enforcement and monitoring of retailer compliance with tobacco control policies (e.g., requiring identification checks) is necessary to achieve reductions in youth tobacco sales.¹²
(j) The Board of Supervisors has a substantial interest in protecting youth and underserved populations from the harms of tobacco use.
(k) The Board of Supervisors finds that a stronger local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the County of San Mateo in order to protect the health, safety, and welfare of our residents.
(l) As lessons are learned with implementation of licensing systems throughout the state, it is appropriate to update existing provisions to ensure that the County implements best practices in tobacco prevention.
295
3 SECTION 2. Existing Chapters 4.95, 4.98 and 4.99 of the San Mateo County Ordinance Code are hereby repealed and replaced in their entirety by a new Chapter 4.98 to be numbered and entitled and to read as follows:
Chapter 4.98 - TOBACCO RETAILER PERMIT
4.98.100 - Definitions.
(a) "Characterizing Flavor" means a distinguishable taste or aroma or both, other than the taste or aroma of tobacco, imparted by a Tobacco Product or any byproduct produced by the Tobacco Product. Characterizing flavors include, but are not limited to, tastes or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A Tobacco Product shall not be determined to have a Characterizing Flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition, that constitutes a Characterizing Flavor.
(b) "Constituent" means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet that is added by the manufacturer to a Tobacco Product during the processing, manufacture, or packing of the Tobacco Product.
(c) “Consumer” means a person who purchases a Tobacco Product for consumption.
(d) “Coupon” means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.
(e) “Director” means the Chief of San Mateo County Health, or designee. (f) "Distinguishable" means perceivable by either the sense of smell or taste. (g) "Flavored Tobacco Product" means any Tobacco Product that contains a Constituent that imparts a Characterizing Flavor.
(h) “Full Retail Price” means the price listed for a Tobacco Product on its Packaging or on any related shelving, advertising, or display where the Tobacco Product is sold or offered for Sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price.
(i) “Labeling” means written, printed, pictorial, or graphic matter upon any Tobacco Product or any of its packaging.
296
4 (j) “Packaging” means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a Tobacco Product is sold, or offered for Sale, to a Consumer.
(k) “Permit” or “Tobacco Retailer Permit” means a valid permit issued by the Director to a Person to act as a Tobacco Retailer.
(l) “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other entity.
(m) "Pharmacy" means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for Sale, regardless of whether the retail establishment Sells other retail goods in addition to prescription pharmaceuticals. (n) “Sale” or “Sell” means transfer to, exchange, barter, or distribute for a commercial purpose.
(o) “Self-Service Display” shall be defined as the open display or storage of Tobacco Products in a manner that is physically accessible to the general public without the assistance of the retailer or employee of the retailer and a direct face-to-face transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.
(p) “Tobacco Paraphernalia” means any item designed or marketed for the consumption, use, or preparation of Tobacco Products.
(q) “Tobacco" or "Tobacco Product(s)" means:
(1) any product containing, made of, or derived from tobacco or nicotine, whether natural or synthetic, that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;
(2) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine, and whether natural or synthetic; or (3) any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, whether natural or synthetic, including 297
5 but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.
“Tobacco Product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.
(r) “Tobacco Retailer” means any Person who Sells, or offers for Sale, Tobacco Products. This definition is without regard to the quantity of Tobacco Products sold or offered for Sale.
(s) “Youth-Populated Area” means a parcel of real property that is occupied, in whole or in part, by any of the following:
(1) a private or public school that educates children in grades kindergarten through high school;
(2) a library that is open to the public;
(3) a playground that is open to the public;
(4) a youth center, defined as a facility where children ages 6 to 17 come together for programs and activities;
(5) a recreation facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes. “Recreation facility” includes, but is not limited to, a gymnasium, playing court, playing field, and swimming pool;
(6) a public or private college or university that serves as an institution for education beyond the high school level;
(7) a licensed child-care facility or preschool [other than a small-family day care home or a large-family daycare home [as defined in California Health & Safety Code § 1596.78].
4.98.110 - Requirement for a Permit.
(a) No Tobacco Retailer or other Person shall Sell or offer for Sale any Tobacco Product without a current and valid Tobacco Retailer Permit from San Mateo County for each location where such activities are conducted. (b) Permits are valid for one year and must be timely renewed annually by the Permit holder in order to continue to sell or offer for sale any Tobacco Product. A 298
6 Retailer must obtain a separate Permit for each location at which any Tobacco Product will be sold, offered for sale or distributed. A Permit that is not renewed in a timely manner shall expire at the end of its term, and the Tobacco Retailer must obtain a new Permit prior to any further sale, offer for sale, or distribution of any Tobacco Product.
(c) It shall be a violation of this Chapter for a Tobacco Retailer or any of the Tobacco Retailer’s agents or employees, to violate any applicable local, state, or federal law applicable to Tobacco Products or Tobacco Retailing.
4.98.120 - Permit is Nontransferable.
(a) Tobacco Retailer Permits are nontransferable as between Persons, locations, or otherwise. Any attempted transfer shall render the Permit null and void. (b) Notwithstanding any other provision of this Chapter, prior violations of this Chapter at a location shall continue to be counted against that location and Permit ineligibility and suspension periods shall continue to apply to that location unless:
(1) One hundred percent of the interest in the stock, assets, or income of the business, other than a security interest for the repayment of debt, has been transferred to the new owner(s); and
(2) The County is provided with clear and convincing evidence, including an affidavit, that the business has been acquired in an Arm's Length Transaction. An Arm’s Length Transaction, for the purposes of this section, means a transaction in which two or more unrelated and unaffiliated parties agree on the transfer in question; the parties act independently and in their own self-interest; and the parties have equal bargaining power and symmetric information, leading the parties to agree upon fair-market terms.
4.98.130 - Permit Conveys a Limited, Conditional Privilege.
Nothing in this Chapter shall be construed to grant any Person or entity obtaining and maintaining a Permit any status or right other than the limited, conditional privilege to Sell Tobacco Products and act as a Tobacco Retailer at the location in the County identified on the face of the Permit for the period of time shown on the Permit. All Permits are issued subject to the County’s right to amend this Chapter from time to time, and Retailers shall comply with all provisions of this Chapter, as amended.
4.98.140 - Application, Issuance and Renewal Procedure. (a) Application for a Tobacco Retailer's Permit or the renewal of a Tobacco Retailer Permit shall be submitted in the name of the Person proposing to conduct retail 299
7 sales of Tobacco Products, referred to herein as the “Applicant,” and shall be signed by such Person or an authorized agent thereof. All applications shall be submitted to the Director on a form supplied by the Director and contain, at a minimum, the following information:
(1) The name, address, and telephone number of the Applicant; (2) The business name, address, and telephone number of the location where Tobacco Products are proposed to be sold, offered for sale or distributed by the Applicant; and
(3) Proof that the location for which a Tobacco Retailer’s Permit is sought has been issued a valid state license for the sale of Tobacco Products, if the Tobacco Retailer sells products that require such license; (4) A statement whether or not the Tobacco Retailer or any agent of the Retailer has been found to have violated this Chapter or other applicable law governing Tobacco Products or Tobacco Retailing and, if so, the dates and locations of all such violations within the previous five years; and (5) Such other information as the Director determines is necessary for implementation of this Chapter.
(6) An application for a new or renewal Permit will be denied if there are any outstanding fines or late fees issued by the Director, or during any period of suspension.
(7) It is the responsibility of each Permit holder to be informed regarding all laws applicable to Tobacco Retailing, including those laws affecting the issuance of a Tobacco Retailer Permit. No Permit holder may rely on the issuance of a Permit as a determination by San Mateo County that the Permit holder has complied with all laws applicable to Tobacco Retailing.
A Permit issued contrary to this Chapter or any other law, or on the basis of false or misleading information supplied by the Applicant, shall be revoked. Nothing in this Chapter shall be construed to vest in any person or entity obtaining or maintaining a Tobacco Retailer’s Permit any status or right to act as a Tobacco Retailer in contravention of any provision of law.
4.98.150 - Display of Permit.
Upon receipt of an application for a Tobacco Retailer Permit in compliance with the requirements of this Chapter, the Director or designee may issue a Permit which, if issued, must be prominently displayed in a publicly visible location at the location where Tobacco Product Sales are conducted and permitted. 300
8 4.98.160 - Prohibitions Regarding Coupons, Discounts, Pharmacies, Flavored Tobacco, and Electronic Cigarettes.
(a) No Tobacco Retailer shall do any of the following:
(1) Honor or redeem, or offer to honor or redeem, a Coupon to allow a Consumer to purchase a Tobacco Product for less than Full Retail Price; (2) Sell any Tobacco Product to a Consumer through a multiple package discount or otherwise provide any such product to a Consumer for less than the Full Retail Price in consideration for the purchase of any Tobacco Product or any other item; or
(3) Provide any free or discounted item to a Consumer in consideration for the purchase of any Tobacco Product.
(b) No Person, Tobacco Retailer or other legal entity shall sell or distribute to a person any electronic smoking device that delivers nicotine, whether natural or synthetic, or other substances to the person inhaling from the device. This includes any component, part, or accessory intended or reasonably expected to be used with the electronic device, whether or not sold separately. (c) No Person or Tobacco Retailer shall sell or offer to sell any Flavored Tobacco Product. There shall be a rebuttable presumption that a Tobacco Product is a Flavored Tobacco Product if a manufacturer or any of the manufacturer's agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the Tobacco Product has or produces a Characterizing Flavor including, but not limited to, text, color, and/or images on the product's labeling or packaging that are used to explicitly or implicitly communicate that the Tobacco Product has a Characterizing Flavor.
(d) No Pharmacy or Pharmacy employee or agent shall sell or offer to sell any Tobacco Product. The Director shall not issue any new, or renew any existing, Tobacco Retailer Permit for any Pharmacy.
(e) Subdivisions (b) and (c) of this Section shall not apply to the duty- free stores located at the San Francisco International Airport.
4.98.170 - Packaging and Labeling.
No Tobacco Retailer or other Person shall Sell or offer for Sale any Tobacco Product to any Consumer unless the Tobacco Product (1) is Sold in the original manufacturer’s Packaging intended for Sale to Consumers; (2) conforms to all applicable federal Labeling requirements; and (3) conforms to all applicable child-resistant packaging requirements.
301
9 4.98.180 - Self-Service Displays Prohibited; On-Site, In-Person Sales Required. (a) Tobacco Retailing by means of a Self-Service Display is prohibited
(b) All Sales of Tobacco Products and Tobacco Paraphernalia shall be conducted inperson in the permitted location.
4.98.190 - Notice of Minimum Age for Purchase of Tobacco Products.
Tobacco Retailers shall post conspicuously, at each point of purchase, a notice stating that Selling Tobacco Products to anyone under 21 years of age is illegal and subject to penalties. The form and content of such notice shall be subject to the approval of the Director.
4.98.200 - Positive Identification Required.
No Tobacco Retailer or other Person shall Sell or offer to Sell a Tobacco Product to another Person without first verifying by means of government-issued photographic identification that the recipient is at least the minimum legal sales age required under state law to purchase a Tobacco Product.
4.98.210 - Minimum Age for Individuals Selling Tobacco Products.
No Tobacco Retailer shall allow, at its Retail location, any individual who is younger than 21 years of age to Sell or offer to Sell Tobacco Products.
4.98.220 - Display or Offers to Sell Tobacco Products Without Tobacco Retailer Permit Prohibited.
A Tobacco Retailer without a current valid Permit:
(a) Shall keep all Tobacco Products out of public view. The public display of Tobacco Products in violation of this provision shall constitute Tobacco Retailing without a Permit.
(b) Shall not display any advertisement relating to Tobacco Products that offers the Sale of such products from the Tobacco Retailer’s location.
4.98.230 - Limits on Eligibility for a Permit.
(a) No Tobacco Retailer’s Permit may be issued to authorize Tobacco Retailing at or from other than a fixed location. For example, Sales by Persons on foot or from vehicles or other forms of mobile vending are prohibited. 302
10 (b) No Tobacco Retailer’s Permit may be issued to authorize Sales of Tobacco Products at a temporary event, such as flea markets and farmers’ markets. (c) No new Tobacco Retailer Permit may be issued to authorize Tobacco Product Sales at any location within 1,000 feet of a Youth-Populated Area, as measured by a straight line from the nearest point of the property line of any parcel on which a Youth-Populated Area is located and any point along the property line of the parcel on which the Permit applicant has or proposes to locate the business. (d) No new Tobacco Retailer’s Permit may be issued for a location which is within 500 feet of a location already occupied by another Tobacco Retailer, as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the parcel on which an existing Tobacco Retailer’s business is located.
(e) Tobacco Retailers with a current and valid Permit as of the date of adoption of this ordinance shall be exempt from subsections (c) and (d) of this Section unless the existing Tobacco Retailer fails to timely renew the Permit prior to its annual expiration.
(f) The Sale of Tobacco Products and accessories is prohibited in County owned structures and in any area of a structure leased by the County, wherever located.
4.98.240 - Fees for Permit.
Tobacco Retailers shall pay all applicable fees at the rates set forth in section
5.64.070 of this ordinance code. Fees shall be used by the Director to administer and enforce this Chapter.
4.98.250 - Enforcement.
(a) The Director or the Director’s designee may enforce this Chapter by suspension of a Tobacco Retailer’s Permit and /or imposition of administrative fines following the procedures and, in the amounts, set forth in this Chapter. (b) Violations of this Chapter may be criminally prosecuted as infraction(s) or misdemeanor(s) at the discretion of the prosecuting attorney as the interests of justice require.
(c) This Section shall not be interpreted to limit the applicable civil or administrative remedies available under law.
303
11 4.98.260 - Public Nuisance.
Any violation of this Chapter is hereby declared a public nuisance, subject to all applicable civil, administrative, and criminal remedies and penalties according to the provisions and procedures of contained in this Ordinance Code and state law, including but not limited to, an action for abatement or injunctive relief
4.98.270 - Compliance Monitoring.
(a) Compliance with this Chapter shall be monitored by the Director. In addition, any peace officer may enforce the provisions of this Chapter. The Director may designate additional persons to monitor and facilitate compliance with this Chapter.
(b) Individuals designated to enforce the provisions of this Chapter may inspect each Tobacco Retailer to determine if the Tobacco Retailer is complying with all applicable laws. Inspections shall take place during normal business hours, with or without notice. All permitted premises must be open to inspection by designated persons during regular business hours.
(c) Nothing in this section shall create a right of action in any Tobacco Retailer or other person or entity against the County or its agents.
4.98.290 - Suspension or Revocation of Permit.
(a) Grounds for Suspension or Revocation.
(1) A Tobacco Retailer Permit may be suspended or revoked, as set forth below in subdivision (b), if any court of a competent jurisdiction determines, or the Director finds, based on a preponderance of the evidence after notice and opportunity for the Tobacco Retailer to be heard, that either of the following violations have occurred:
i. After the Permit was issued it is determined that the Application for the Permit is incomplete or inaccurate.
ii. The Tobacco Retailer or Tobacco Retailer’s agent has violated any of the requirements, conditions, or prohibitions of this Chapter or any applicable local, state, or federal tobacco-related law. (2) Notwithstanding the foregoing, a Tobacco Retailer Permit shall be suspended or revoked, as set forth below in subdivision (b), if any court of competent jurisdiction determines, or the Director finds, based on a preponderance of evidence and after notice and opportunity for the Tobacco Retailer to be heard, that the Tobacco Retailer has Sold Tobacco Products to Persons under the age of 21.
304
12 (b) Time Period of Suspension of Permit.
(1) Upon the first violation within any sixty (60) month period, the Permit to Sell Tobacco Products may be suspended for up to 30 days. (2) Upon the second violation within any sixty (60) month period, the Permit to Sell Tobacco Products may be suspended for up to 90 days. (3) Upon the third violation within any sixty (60) month period, the Permit to Sell Tobacco Products may be suspended for up to one year. (4) Upon the fourth violation within any sixty (60) month period, the Permit to Sell Tobacco Products shall be revoked. If a Permit is revoked, the Retailer shall not be eligible for a new Permit for a period of five (5) years after the effective date of revocation.
(c) Effective Date of Suspension or Revocation.
Within ten (10) calendar days of the hearing, the Director shall issue written findings and an order regarding the suspension or revocation, which order will be effective ten (10) calendar days from the date such order was sent by certified mail to the Retailer, unless a timely appeal is filed in accordance with subsection (d).
(d) Appeal of Suspension or Revocation.
The decision of the Director is appealable to the San Mateo County Licensing Board and the procedural rules of the San Mateo County Licensing Board shall govern hearings on all appeals of suspensions and revocations. (1) An appeal must be in writing, be addressed to the Director and be handdelivered to the offices of the Division of Environmental Health. (2) An appeal must be received by the Director before the effective date of suspension or revocation provided by subsection (c) in order to be considered.
(3) The filing of a timely appeal will stay a suspension or revocation pending a decision on the appeal by the San Mateo County Licensing Board. (4) The decision of the San Mateo County Licensing Board shall be a final administrative order, with no further administrative right of appeal. 305
13 4.98.300 - Administrative Fine.
(a) Grounds for Fine. A fine may be imposed upon findings made by the Director, based on a preponderance of the evidence, that any Tobacco Retailer, individual, or entity who is an owner of a retail establishment, or any of the Retailer’s agents or employees, has violated any of the requirements, conditions, or prohibitions of this Chapter.
(b) Amount of Fine. Upon written findings made by the Director under subsection (a), the person or entity holding the Tobacco Retailer Permit shall be subject to an administrative fine for each such violation as follows:
(1) A fine not exceeding two hundred dollars ($200) for a first violation within a twelve (12) month period;
(2) A fine not exceeding four hundred dollars ($400) for a second violation within a twelve (12) month period;
(3) A fine not exceeding one-thousand dollars ($1000) for the third and each subsequent violation within a twelve (12) month period; (4) Each day that Tobacco Products are Sold or offered for Sale without a Permit or otherwise in violation of this Chapter shall constitute a separate violation. A finding of "offered for Sale" in violation of this Chapter will be made if Tobacco Products are either actually Sold and/or displayed in the retail establishment, or if advertisements offering to Sell tobacco are visible to customers.
(c) Fine Procedures. Notice of the fine shall be served on the Tobacco Retailer by certified mail. The notice shall contain a description of the facts upon which the asserted violation is based and an advisement of the right to request a hearing before the Director contesting the imposition of the fine. Said hearing must be requested within ten calendar days of the date appearing on the notice of the fine. The decision of the Director shall be a final administrative order, with no administrative right of appeal.
(d) Failure to Pay Fine. If a fine imposed pursuant to this Chapter is not paid within 30 calendar days from the date appearing on the notice of the fine or of the notice of determination of the Director after the review provided for under subdivision (c) of this Section, the fine may be referred to a collection agency within or external to the County. In addition, any outstanding fines must be paid prior to the issuance of any new Permit or renewal of a Permit. 306
14 4.98.310 - Enforcement of this Chapter in Cities.
The Director may administer and enforce the provisions of this Chapter on behalf of any city located within San Mateo County, within the jurisdictional boundaries of that city, if the city council of that city does each of the following:
(a) Adopts, and makes part of its municipal code:
(1) This Chapter 4.98 in its entirety by reference; or
(2) An ordinance that contains each of the provisions of this Chapter 4.98 verbatim with no additional provisions not included in this Chapter 4.98; and
(b) Authorizes, by ordinance or resolution, the Director to administer and enforce, on behalf of that city, the provisions of this Chapter as adopted pursuant to subsection (a) of this section.
SECTION 3. It is the intent of the Board of Supervisors of the County of San Mateo to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any provision of this Chapter or the application of such provision to any person or in any circumstances shall be held invalid, the remainder of this Chapter, or the application of such provision to person or in circumstances other than those as to which it is held invalid, shall not be affected thereby.
SECTION 4. Except as otherwise provided, this ordinance shall apply only to the unincorporated area of San Mateo County.
SECTION 5. This ordinance shall be effective thirty days after adoption. 307
15 SOURCES
1. California Department of Public Health California Tobacco Control Program.
California Tobacco Facts and Figures 2016. Sacramento, CA: California Department of Public Health. 2016. Available at:
https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Documen t%20Library/ResearchandEvaluation/FactsandFigures/2016FactsFiguresWeb.pdf
2. Zhu S-H, Braden K, Zhuang Y-L, Gamst A, Cole AG, Wolfson T, Li S. (2021).
Results of the Statewide 2019-20 California Student Tobacco Survey. San Diego, California: Center for Research and Intervention in Tobacco Control (CRITC), University of California San Diego.
https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Documen t%20Library/ResearchandEvaluation/FactsandFigures/CSTS2019- 20BiennialReport_ADA.pdf
3. Zhu S-H, Braden K, Zhuang Y-L, Gamst A, Cole AG, Wolfson T, Li S. (2021).
Results of the Statewide 2019-20 California Student Tobacco Survey. San Diego, California: Center for Research and Intervention in Tobacco Control (CRITC), University of California San Diego.
https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Documen t%20Library/ResearchandEvaluation/FactsandFigures/CSTS2019- 20BiennialReport_ADA.pdf
4. Zhu S-H, Braden K, Zhuang Y-L, Gamst A, Cole AG, Wolfson T, Li S. (2021).
Results of the Statewide 2019-20 California Student Tobacco Survey. San Diego, California: Center for Research and Intervention in Tobacco Control (CRITC), University of California San Diego.
https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Documen t%20Library/ResearchandEvaluation/FactsandFigures/CSTS2019- 20BiennialReport_ADA.pdf
5. California Department of Public Health, California Tobacco Control Program.
California Tobacco Facts and Figures 2021. Sacramento, CA: California Department of Public Health; November 2021.
https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document %20Library/ResearchandEvaluation/FactsandFigures/CaliforniaTobaccoFactsAnd Figures2021-V3A.pdf
308
16 6. Xu X, Pesko MF, Tynan MA, Gerzoff RB, Malarcher AM, Pechacek TF. Cigarette price-minimization strategies by U.S. smokers. Am J Prev Med. 2013;44(5):472- 476. doi: 10.1016/j.amepre.2013.01.019.
7. Chuang YC, Cubbin C, Ahn D, Winkleby MA. Effects of neighborhood socioeconomic status and convenience store concentration on individual level smoking. J Epidemiol Community Health. 2005;59(7):568-573. doi:
10.1136/jech.2004.029041.
8. Reitzel LR, Cromley EK, Li Y, et al. The effect of tobacco outlet density and proximity on smoking cessation. Am J Public Health. 2011;101(2):315-320. doi:
10.2105/AJPH.2010.191676.
9. Cantrell J, Anesetti-Rothermel A, Pearson JL, Xiao H, Vallone D, Kirchner TR.
The impact of the tobacco retail outlet environment on adult cessation and differences by neighborhood poverty. Addiction. 2015;110(1):152-161. doi:
10.1111/add.12718.
10. Ribisl KM, Luke DA, Bohannon DL, Sorg AA, Moreland-Russell S. Reducing Disparities in Tobacco Retailer Density by Banning Tobacco Product Sales Near Schools. Nicotine Tob Res. 2017;19(2):239-244. doi: 10.1093/ntr/ntw185.
Myers AE, Hall MG, Isgett LF, Ribisl KM. A comparison of three policy approaches for tobacco retailer reduction. Prev Med. 2015; 74:67-73. doi:
10.1016/j.ypmed.2015.01.025.
Luke DA, Hammond RA, Combs T, et al. Tobacco Town: Computational Modeling of Policy Options to Reduce Tobacco Retailer Density. Am J Public Health. 2017;107(5):740-746. doi: 10.2105/AJPH.2017.303685.
11. U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA:
U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2012. Available at:
https://www.surgeongeneral.gov/library/reports/preventing-youth-tobacco-use/.
DiFranza JR. Which interventions against the sale of tobacco to minors can be expected to reduce smoking? Tob Control. 2012;21(4):436-442. doi:
10.1136/tobacco control - 2011-050145.
12. Macinko J, Silver D. Impact of New York City's 2014 Increased Minimum Legal Purchase Age on Youth Tobacco Use. Am J Public Health. 2018;108(5):669-675. doi: 10.2105/AJPH.2018.304340.
309