Memorandum of Understanding
Between
The City of Emeryville___________
And
The County of Alameda Public Health Department
This Memorandum of Understanding (“MOU”) is made and entered into this ____ day of __________, 20xx18 by and between the City of Emeryville _______ (“City”) and the Alameda County Public Health Department (“County”). Each party is individually a “Party” and collectively the “Parties”.
SUBJECT: Provision of Education and Outreach for City’s Smoking Pollution Ordinance
A. Purpose and Scope
The purpose of this MOU is to identify the roles and responsibilities of each party as they relate to the City’s Smoking Pollution Control Ordinance.
B. Reference
Please refer to the City’s Smoking Pollution Control Ordinance, Emeryville _______ Municipal Code Title 5, Chapter 29, effective January MONTH DATE, YEAR1, 2019, (“Ordinance”) for the regulations that will be the subject of the education and outreach associated with this MOU.
C. County Responsibilities
The County will:
1. Designate a person at the County who will be the primary contact for inquiries and complaints related to the Ordinance (“County Designated Representative”).
2. Designate a phone number and email address that will be used for all inquiries and complaints from the public related to the Ordinance. This contact information will be listed on all educational materials related to the Ordinance.
3. Prepare and distribute educational materials, subject to City review and approval, and which include, but are not limited to, notification about the new Ordinance and technical assistance, such as, frequently asked questions (“FAQs”), and posters to landlords, homeowner associations (“HOAs”), property management companies, tenants, business owners, and other appropriate groups and individuals.
4. In consultation with the City, prepare a form for complaints associated with the Ordinance, which can be completed online or on paper.
5. Post educational materials about the Ordinance on the Alameda County Public Health Department Tobacco Control Program website with links to the City’s webpage about the Ordinance.
Commented [TJ1]: We now use an online form, no paper.
6. Respond to complaints associated with the Ordinance with educational outreach, written correspondence, phone calls, site visits, and referral for mediation services as appropriate.
a. At a minimum, the County will send a letter to the appropriate parties in response to the first and, second, and third complaints received in relation to smoking at a single address within a sixone-month year period to inform the parties of their rights and obligations under the Ordinance. b. The County will work with the City to develop an administrative process that will provide the specific requirements related to addressing complaints associated with the Ordinance.
7. Track all calls, emails, and complaints associated with the Ordinance. Calls, emails, and complaints will be tracked by address, unless the Parties’ designated representatives agree to track in a different manner. County will document all County actions taken in response to calls or complaints. All complaints will be logged in the online complaint system even if they originate via phone or email.
8. Provide an annual report to the City by January 31 indicating number of calls and complaints received, and the actions taken by the County in response to the calls and complaints.
D. City Responsibilities
The City will:
1. Assist the County in carrying out its obligations under this MOU, which includes but is not limited to, designating a person within the City Police Code EnforcementDepartment who will be the primary contact for the County as it relates to this the Ordinance and MOU (“City Designated Representative”).
2. Create and maintain a webpage on the City’s website that will include educational materials related to the Ordinance.
3. Provide links on the City’s website to the Alameda County Public Health Department Tobacco Control Program website where the online complaint form resides.
4. Review and approve all educational materials about the Ordinance and the complaint form prepared by the County before they are distributed to the public.
5. If the County’s education and outreach efforts have not been successful, the County will notify the City’s Designated Representative and will transfer the complaint form(s), and any other documents to the City’s Designated Representative within a reasonable time period. The City will be responsible for any enforcement action ofaction related to the Ordinance.
E. Compensation and Fees
The Parties agree that the City will not compensate the County for providing the services specified herein, because the costs of these services is covered by state funds.
F. Effective Date and Term
This MOU shall take effect upon signature by the County and shall remain in effect so long as not Terminated by either party pursuant to Section G.
G. Termination
This MOU may be terminated for the following reasons:
1. Upon the repeal or significant modification of the Ordinance; or
2. For any reason by either Party at any time during the term of this MOU, provided that written notice is given three months prior to the effective date of termination.
H. Severability Clause
Should any provision of this MOU be unenforceable, those provisions shall be considered severable, and the remaining provisions shall remain in effect.
I. Modifications
This MOU may be amended by written agreement of both Parties. No alternation of the terms herein shall be valid unless made in writing and signed by the Parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on either Party.
J. Notices and Contact Information
All notices and other communications from one party to the other pursuant to this MOU, shall be provided to the following contact persons:
County: NAMETamiko Johnson
Alameda County Public Health Department | Health Care Services Agency Tobacco Control Program
11000 San Leandro BlvdBroadway, Suite 500 | OaklandSan Leandro, CA 94577607
[email protected]| (510) xxx-xxxx208-5916
City: Police Code Enforcement OfficerChief
City of EmeryvilleCITY NAME
2449 Powell Street, Emeryville, CA 94608CITY ADDRESS
(510-596-3700xxx) xxx-xxxx
[email protected]
with a copy to:
City Attorney’s Office
1333 Park Avenue
Emeryville, CA 94608ADDRESS
CITY, STATE, ZIP
510-596-4381xxx-xxx-xxxx
K. Authorization to Execute MOU
The County _______________ is authorized to execute this MOU, pursuant to action taken by the Alameda County Board of Supervisors on __________. The City Manager of the City of Emeryville _______ is authorized to execute this MOU, pursuant to action taken by the City of Emeryville ___________ City Council on _____________.
____________________________________ Date:_______________ County Representative
____________________________________ Date: _______________ Carolyn LehrNAME, City Manager
Approved as to Form:
____________________________________
Michael GuinaNAME, City Attorney
Commented [TJ2]: Since no funds are exchanging hands, a letter of agreement will suffice in lieu of a MOU.
1 1.2025
Sample Letter of Agreement
This Letter of Agreement is between (Name of City)__________________ and Alameda County Public Health Department’s Tobacco Control Program to ensure effective implementation and enforcement for City of __________ Smoking Ordinance Smoke-free Multi-Unit Housing sections (Ordinance ##) effective _____________MM/DD/YYYY. This letter specifies responsibilities to be undertaken by each party. This Agreement can be ended by either party in writing with 30 days’ notice.
Responsibilities:
For Multi-Unit Housing complaints:
City of _____________will: TCP will:
Informing residents
Post description of ordinance on city
website
Post link to TCP complaint form
Provide list of rental housing providers and
homeowners’ associations to TCP
Forward Signage requests to TCP
Informing residents
Mail informational postcard (see example
Addendum A) to all rental housing providers
and Homeowners’ associations
Develop, print and laminate signs that
identify no smoking areas and include how
to complain if exposed to smoke
Upon request, distribute signs at no cost to
rental housing providers and homeowners’
associations
Implement digital advertising geo-fenced to
City of__________about the law and how to
make a complaint
Complaints
No responsibilities
Complaints (specific.Flowchart.developed.
f o r . C i t y . o f ((((((((.Addendum.B)
Maintain an online portal to receive
complaints in English, Spanish, Chinese and
Vietnamese
Receive all complaints through online portal
Collect information about each complaint
Send 1
st warning letter to alleged violator
Coordinate with complainant on collecting
additional evidence as needed
Maintain communication with complainant
2 1.2025
to determine if smoking has stopped
If smoking has not stopped send 2nd warning
letter to alleged violator
Maintain communication with complainant
to determine if smoking has stopped
If smoking has not stopped send 3rd warning
letter to alleged violator
Maintain communication with complainant
to determine if smoking has stopped
After third warning letter if smoking behavior
continues, TCP will refer case and collected
evidence to City of ____________
enforcement staff
May: perform a site inspection if there is a
disagreement between complainant and
violator
Violations
If smoking violation is occurring inside
individual unit, inside common area or
outside common area then send notice of
violation and $______________fine.
For additional violations occurring send
$_________________ for second violation and
$_________________ fine for additional
violations within one year of first violation
notice.
For each notice of violation, set a timeframe
for possible appeal
Violations
Will transfer all collected evidence to City
of________ enforcement staff if there is
continued smoking after 3 warning letters.
Will communicate with complainant after
each notice of fine has been sent to
determine if smoking behavior has stopped.
Appeals
Identify person responsible for hearing
appeals
Schedule appeals within xx days
Notify violator of appeals date
Hold appeal hearing and render judgment
Appeals
Invite complainant to testify at hearing
3 1.2025
Additional resources to be provided by TCP and/or CBO partner • Link to complaint form in English Spanish and Mandarin languages for City website.
To make a Smoking Complaint
English | Spanish | Chinese | Vietnamese
• Tobacco treatment resource links: (Kick-it CA, Alameda County Tobacco Control Coalition)
• Design and purchase of No smoking signs that include tobacco, cannabis, vaping symbols as well as an email address to contact if there is a complaint. Include City ordinance name and Municode chapter number where ordinance is located and cessation information. • Design and pay costs for mailing Ordinance Educational postcard to all Property owners of multi-unit properties and HOAs in the City of _____________. (See Example Addendum A)
• FAQ document for educating MUH owners and notifying residents on City of____________ SFMUH ordinance posted on City of____________website Signatures:
For City of ____________: For ACPHD, TCP:
________________________________________ ____________________________________ Name Name
________________________________________ ____________________________________ Title Title
_________________________________ ______________________________________ Date Date
4 1.2025
Addendum A Post Card Example
5 1.2025