Union City City Council
January 23, 2024

AGENDA

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
CAROL DUTRA-VERNACI, Mayor
JEFF WANG, Vice Mayor (District 3)
GARY SINGH,Councilmember (District 1)
JAMIE PATIÑO,Councilmember (District 2)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, January 23, 2024
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER

1.a. Pledge of Allegiance

1.b. Roll Call

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS

3.a. Proclamation Honoring February 2024 as Black History Month

3.b. BART’s Safe and Clean Plan to Improve the Rider Experience

3.c. Station District Community Open House Post-Event Report

3.d. District Policing Presentation

4. ORAL COMMUNICATIONS
An individual speaker shall have three minutes to address the Council on non-agenda items under the Oral Communications section of the agenda. The Chair may, in their discretion, lower the time limit to less than three minutes based on the number of City Council/RSA Agenda 1 Tuesday, January 23, 2024
speakers and/or business to be conducted by the City Council.

Members of the public who wish to speak to the Council under the first Oral Communications section are requested to complete a speaker card, giving their name and city of residence. If a speaker wants further notification from the City, the speaker may include a mailing address. Neither a speaker card or identification of name, city of residence or mailing address are required to provide public comment but are requested for record keeping purposes.

5. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered routine in nature and will be enacted by one motion. If discussion is required on a specific item, it will be removed from the Consent Calendar and considered separately.

5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)

5.b. Adopt A Resolution Authorizing The City Manager To Execute The Fourth Amendment To The Consulting Services
Agreement With Aaron Welch Planning, In The Amount Of
$49,500, For A Total Contract Amount Of $144,000, For Project Management Services To Assist With Implementation Of The Bicycle And Pedestrian Master Plan Update, City Project No. 17-30

5.c. Adopt A Resolution Authorizing The City Manager To Execute The Third Amendment To Master Contract No. 901499 With
Alameda County To Increase The Contract By $184,204, And To Extend The Term For Six Additional Months, For Providing Delinquency Prevention Services, And To Amend The Fiscal Year 2023-2024 Youth Violence Prevention & Intervention Fund Budget

5.d. Adopt A Resolution Authorizing Payment Of Additional Compensation In The Amount Of $162,010.50 To Tri-CED
Community Recycling Totaling $324,021.00 For FY 2023-24 For Recycling Materials Processing

6. PUBLIC HEARINGS - None

7. CITY MANAGER REPORTS

7.a. Further Review Text Amendments Related To Potential Ordinance Amending Union City Municipal Code Chapter 5.42 “Tobacco Retailers” and Provide Direction

7.b. Adopt A Resolution 1) Authorizing The Use Of Federal HOME Program Funds, Allocated To Union City Through The Alameda County HOME Consortium, In An Amount Up To $554,354, For The Implementation Of The "Project Reclamation-Alameda
City Council/RSA Agenda 2 Tuesday, January 23, 2024
County Scattered Sites Project, And 2) Authorizing The City Manager, Or Their Designee, To Execute Agreements With Bay Area Community Services To Accept The HOME Program
Fund Allocation, To Be Used In Conjunction With The Homekey Award, For Implementation Of The Scattered Sites Project And Any Necessary Agreements Related To The HOME Program
Allocation Or State Housing And Community Development
Homekey Award

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY -
None

9. AUTHORITIES AND AGENCIES - None

10. CITY COMMISSION / COMMITTEE REPORTS - None

11. ITEMS REFERRED BY COUNCIL

12. GOOD OF THE ORDER

13. CLOSED SESSION - None

14. ADJOURNMENT

MEETING INFORMATION
Unless otherwise provided, the City Council's regular meetings are held in person on the second and fourth Tuesday of each month at 7:00 p.m. inside the Council Chamber at City Hall, 34009 AlvaradoNiles Road, Union City CA 94587. The City continues to offer an opportunity to observe Council meetings via Zoom at: https://unioncity-org.zoom.us/j/81719037355 Passcode: u8SH9cH^ Meetings are broadcast live through UCTV Channel 15 and via live stream at:
https://unioncity.org/199/City-Meetings-Video
Members of the public will not have the ability to provide comment via Zoom except under limited circumstances specified below. The ability to observe remotely as identified above is predicated on the technology being available and functioning without technical difficulties. Should the remote platform(s) not be available, or become non-functioning, or should the City Council otherwise encounter technical difficulties that makes the platform(s) unavailable, the City Council will proceed with the items of business in person unless otherwise prohibited by law.

Any writings or documents provided to a majority of City Council members relating to each item of business referred to on this agenda are available for review on the City's website at www.unioncity.org or during regular business hours in the Office of the City Clerk located at 34009 Alvarado-Niles Road, Union City CA 94587.

In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in City Council/RSA Agenda 3 Tuesday, January 23, 2024
this meeting, you should contact the Office of the City Clerk at (510) 675-5448. Notification 36 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City also provides closed captioning of all its Regular City Council Meetings for the hearing impair.

ADDRESSING THE CITY COUNCIL
In Person Public Comment: Members of the public may address the Council on a matter on the agenda or during the Public Input portion of the meeting. Members who wish to speak are requested to complete a speaker card, giving their name and city of residence. If a speaker wants further notification from the City, the speaker may include a mailing address. Neither a speaker card nor identification of name, city of residence or mailing address are required to provide public comment but are requested for record keeping purposes.

Written Comment: To provide written comment on an item on the agenda or to address the Council about an issue during Public Comment, you may send an email to [email protected]. Please include the phrase "public comment" in the subject line and note the agenda item number that you want to address. Written comments will be e-mailed to the City Council and made publicly available.

Public Comment via Zoom: As indicated above, the public cannot address the Council via Zoom unless the City is required to provide such opportunity pursuant to AB 2449. In the event that members of the public are allow to participate via Zoom pursuant to AB 2449, the Mayor will make an announcement at the beginning of the meeting. Raise your virtual hand to notify the host that you would like to speak during the item that you wish to speak on.

CITY COUNCIL NORMS AND GUIDELINES (Resolution No. 6129-23; Adopted May 23, 2023) The City Council of the City of Union City comply with the following norms:

1. We conduct ourselves in a professional manner, treat everyone with respect, and act with high integrity, always putting the interests of the City of Union City ahead of self-interests in accordance with our code of ethics.

2. We respect the Council-Manager form of government, and do not interfere with the City Manager's role or any professional duties of City staff.

3. We recognize that matters of confidential nature are to be kept private and undisclosed.

4. We respect each other's opinions and are supportive of each other's work advocating for the City, and we ensure that all voices are heard. We do not criticize others for having a different point of view, and we agree to disagree respectfully.

5. We understand that the City Council acts as a body, all members are equal, and policy direction is only given by a majority vote of the City Council. Once a decision is made, all City Council/RSA Agenda 4 Tuesday, January 23, 2024
members of the City Council must respect the City Council's direction.

6. We will be prepared for City Council meetings and ask our questions of the City Manager in advance so we can avoid surprising City staff at meetings.

7. We do not criticize City staff publicly or to others and will refrain from directing them. Instead, we will take our concerns and questions privately to the City Manager.

8. We will govern on an at-large basis, although elected by districts. We will maintain a citywide perspective and consider the needs and interests of the entire community.

9. We will continue to allocate resources based on long-term strategic priorities and efforts, with consideration of citywide service levels and financial capacity.

10. We understand customer service is the priority and each member of the City Council will help constituents regardless of the district in which they reside or from which a Councilmember themselves is elected.

11. We recognize the significant importance of attendance and participation at City Council meetings in proceeding with City business. All members of the City Council should endeavor to miss no more than two regular meetings per calendar year absent extraordinary circumstances. Members of the City Council should, absent unforeseen circumstances, provide a minimum of sixty days' notice to the City Council of planned absences during the Good of the Order or Items Referred by Council portion of the City Council agenda, as appropriate.

May these Council Norms be administered and enforced in the following manner:

1. Councilmembers have the primary responsibility to assure that ethical standards are understood and met by the Council, and that the public can continue to have full confidence in the integrity of government.

2. The Mayor and the Council have the responsibility to intervene when action of its members are in violation of Council Norms.

3. The City Council can review and revise the Council Norms as needed.

4. During City Council discussions, deliberations, and proceedings, the Mayor is designated with the primary responsibility to ensure that Councilmembers adhere to the Council Norms.

CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING
This notice/agenda was posted at least 72 hours in advance of the meeting date, in accordance with the Ralph M. Brown Act, on the City's Website and on the bulletin board of City Hall.

City Council/RSA Agenda 5 Tuesday, January 23, 2024
Agenda Item
ATTACHMENTS:

Description Type
Proclamation - Honoring February 2024As Black History Month Attachment City Council/RSA Agenda 6 Tuesday, January 23, 2024

CITY OF UNION CITY

PROCLAMATION
Honoring February 2024 As Black History Month
WHEREAS, Black History Month would not be possible without the creation of "Negro History Week" in 1926.

Famous historian Dr. Carter G. Woodson and the Association for the Study of Negro Life and History proclaimed the second week of February to be observed as "Negro History Week"; and WHEREAS, the first official Black History Month observance took place in February 1970, one year after being proposed by Black educators and students at Kent State University in 1969. Black History Month is now observed in the United States, Canada, and the United Kingdom; and
WHEREAS, Black History Month is a chance for Americans to learn details of their nation’s history that are often neglected, and

WHEREAS, this year’s theme for Black History Month, “African Americans and the Arts”, looks at how African American influence in the domain of visual, performing arts, literature, fashion, folklore, language, film, music, architecture, culinary and other forms of artistic and cultural expression, is paramount around the world; and WHEREAS, African American artists have used art to preserve history and community memory as well as for empowerment. Artistic and cultural movements such as the New Negro, Black Arts, Black Renaissance, Harlem Renaissance, HipHop, Afrofuturism, have been led by people of African descent and set the standard for popular trends around the world; and WHEREAS, For centuries Western intellectuals denied or minimized the contributions of people of African descent to the arts as well as history, even as their artistry in many genres was mimicked and/or stolen. However, we can still see the unbroken chain of Black art production from antiquity to the present, from Egypt across Africa, from Europe to the New World; and WHEREAS, a wise nation honors and learns from its past, as what happened in the past shapes and informs where we are heading in the future and it is of paramount importance to set aside a month for learning as much as we can about Black history; and
WHEREAS, the City of Union City will continue to work toward becoming an inclusive community in which all citizens—past, present, and future—are respected and recognized for their contributionsto our community.

NOW, THEREFORE, the City Council of the City of Union City, does hereby proclaim February 2023 as Black History Month. and encourages all citizens to celebrate our diverse heritage and culture.

DATED this 23rd day of January 2024
__________________________________
CAROL DUTRA-VERNACI, Mayor
__________________________________
JEFF WANG, Vice Mayor
__________________________________
JAIME PATIÑO, Councilmember
__________________________________
SCOTT SAKAKIHARA, Councilmember

__________________________________
GARY SINGH, Councilmember
City Council/RSA Agenda 7 Tuesday, January 23, 2024
Agenda Item
ATTACHMENTS:

Description Type
Presentation - BART's Safe and Clean Plan to Improve Rider Experience
Resolution
City Council/RSA Agenda 8 Tuesday, January 23, 2024
Moving BART Forward
Union City
1/23/2024
City Council/RSA Agenda 9 Tuesday, January 23, 2024
1 BART’s Safe and Clean Plan
BART launched its Safe and Clean Plan
this fall, to enhance the rider experience
by committing to rider safety, cleanliness,
and better night and weekend service.

Who we are doing this for:
• 31% of BART riders live in households with
income under $50,000.
• 44% of BART riders do not have a vehicle.
• 67% of BART riders identify as non-white.

As the Bay Area’s backbone public transit system, BART is rolling up its sleeves to make sure riders feel safe, to keep our trains cleaner than ever, and to provide the best service yet—from departure to destination.

City Council/RSA Agenda 10 Tuesday, January 23, 2024
2 Commitment to Service Reliability
• New schedule relies less on traditional
commute riders.
• Encourages leisure and other non-work trips
by increasing night and weekend service.
• Running only new Fleet of the Future trains
as base schedule.
• Customer on-time performance has
improved to 93%.
• Canceled trips have been nearly eliminated.
• No rider will wait more than 20-min, Yellow
line waits are even shorter.

City Council/RSA Agenda 11 Tuesday, January 23, 2024
3 Commitment to a Clean Ride
• Doubling the rate of deep cleaning on
train cars.
• Adding nearly 66% more dedicated crews
working to keep stations clean.
• Staffing restrooms at high-volume stations
with attendants to guarantee cleanliness
and safety.

Report a biohazard on the BART app or
through bart.gov/biohazard.

City Council/RSA Agenda 12 Tuesday, January 23, 2024
4 Commitment to Safety and Security
• Doubling BART Police presence systemwide and
ensuring officers are riding trains to increase
visibility and keep riders safe.
• Increased patrols help deter crime, aid in
apprehending suspects, and enforcement of BART
Code of Conduct.
• Running shorter trains to enhance safety.
• Bart Police Department incidents causing delays fell
from 374 in May to 295 in October.
• Number of trains delayed by unwanted behavior
dropped by nearly 40% from May to October.

City Council/RSA Agenda 13 Tuesday, January 23, 2024
5 Progressive Policing & Community Engagement
The Progressive Policing Bureau conducted more than 4,000 welfare checks and connected 188 people with services
from July through September.

Crisis Intervention Specialists
• Background in social work and provide outreach to
people in crisis struggling with homelessness, mental
health challenges, and substance abuse.

Ambassadors
• Customer-service-centered unarmed personnel trained in de-escalation and equipped with masks, Narcan, and a
police radio.

City Council/RSA Agenda 14 Tuesday, January 23, 2024
6 Commitment to New Fare Gates
The Prototype Fare Gate Array has been installed at West Oakland Station
• Next eight stations (Civic Center, Montgomery, Powell, 24th Street, SFO, Fruitvale, Richmond, and Antioch) will begin installation in late Spring.
• Taller and stronger to deter fare evasion with modern equipment and advanced sensors.
• Improves accessibility and reliability and deters fare evasion.
• Complete installation of 700+ new fare gates systemwide by end of 2025.

City Council/RSA Agenda 15 Tuesday, January 23, 2024
7 Commitment to Equity: Clipper START
• Clipper START is a pilot
program to provide discounts
to eligible riders.
• Riders are eligible if household
income is under 200% of the
federal poverty level (a fourperson household must earn under $60,000).
• BART expanded our discount
to 50% this year.
• Apply online at
www.clipperstartcard.com.

City Council/RSA Agenda 16 Tuesday, January 23, 2024
Clipper BayPass is the Bay Area’s
first unlimited regional transit pass
For rides on all bus, rail and ferry services in the Bay Area Complete the interest form for more
information at www.clipperbaypass.com
or email [email protected].

MTC and BART are inviting 10
employers to participate in a 2-year
pilot for unlimited travel.

City Council/RSA Agenda 17 Tuesday, January 23, 2024
9 BART’s Financial Outlook
City Council/RSA Agenda 18 Tuesday, January 23, 2024
10 State & Regional Funding Provides
Essential Operating Assistance
• MTC’s approved distribution of state and regional funding includes $58 million in FY25 and $294 million in FY26.
• Combined $352 million would eliminate FY25 operating
deficit and solve almost entire FY26 shortfall.
• BART accountability measures:
• Delivery of new fare gates systemwide by the end of 2025 • Report on the effectiveness of Transit Ambassadors/Crisis Intervention Program
• MTC is looking towards a regional transportation revenue measure in 2026 as a new source of reliable, long-term
funding; we are pursuing state-enabling legislation.

City Council/RSA Agenda 19 Tuesday, January 23, 2024
Liz Ames
BART Board of Directors, District 6
[email protected]
(510) 917-9476
Andy Kelley
Principal Government and Community Relations Representative [email protected]
(510) 506-6565
Contact Information
City Council/RSA Agenda 20 Tuesday, January 23, 2024
Agenda Item
ATTACHMENTS:

Description Type
Station District Open House City Council Presentation 01232024 Attachment City Council/RSA Agenda 21 Tuesday, January 23, 2024
1 Union City’s Station District
Community Open House
City Council Presentation – January 23, 2024
City Council/RSA Agenda 22 Tuesday, January 23, 2024
2 Union City’s Station District: Then and Now
2002 2019
City Council/RSA Agenda 23 Tuesday, January 23, 2024
3 Purpose of the Station District Community Open House
• Showcase recent
progress and growth
within the Station District
• Provide information on
current and future
housing and
infrastructure projects
within the neighborhood
• Offer an opportunity for
residents to ask
questions and have twoway dialogue with project
teams
City Council/RSA Agenda 24 Tuesday, January 23, 2024
4 Station District Community Open House Summary
• Held on December 2nd,
2023 (Saturday)
• 194 RSVPs
• 200+ people in attendance
• 76 participants request to
join City’s mailing list(s)
• 17 comment cards
submitted
• 2 earned media articles
• Key officials, agencies
represented
City Council/RSA Agenda 25 Tuesday, January 23, 2024
5 Station District Community Open House Earned Media
City Council/RSA Agenda 26 Tuesday, January 23, 2024
6 Station District Community Open House Feedback
Themes:
• Excitement for BART east
entrance, enhanced trail
system
• Need for improved streets,
traffic flow, parking in
neighborhood
• Need for enhanced bike
and bus infrastructure
• Public safety concerns
• Concern, clarification for
QLP & Gateway site
City Council/RSA Agenda 27 Tuesday, January 23, 2024
7 Station District Community Open House
Exhibits:

Station District
Overview and Guiding
Principles
City Council/RSA Agenda 28 Tuesday, January 23, 2024
Guiding Principles

GUIDINGPRINCIPLES DIRECT THEOVERALLSTRATEGY,POLICIES, DESIGN, ANDINVESTMENTSINTHEPLANNING AREAAND ARE INTEGRATEDINTOCONCEPTSFOR EACHSUBAREAOFTHESPECIFIC PLAN.

Promotea Vibrant, Mixed Use Community.Foster an integrated urban community residents, workers, and visitors.

Create a Well Connected District. Extend the existing east-west central spine to link the Marketplace, Intermodal Station, the Core, and Station East, prioritizing pedestrian and bicycle connections. Create an interconnected network of streets, sidewalks, bicycle lanes, pathways, and multi-use trails that knit the district together and enable people to traverse the area easily and directly on foot or bicycle.

Promote a Network of Open Space Amenities. Establish a cohesive system of parks and plazas to enhance the area’s livability and provide open spaces within walking distance of residences and businesses, including linking greenways that enable active recreation.

Ensure High Quality Design. Promote building and landscape design that create a streetscapes, signage and urban design elements that foster identify, and a sense of place.

Promote Sustainability. Continue to promote green leadership in Union City by maintaining and expanding the Station District as a sustainable and healthy community with sustainable building and landscape design, sustainable water use and irrigation practices, and reduced energy use. Encourage outdoor and active living with more opportunities for healthy choices including walking and biking, readily available access to transit, housing in close proximity to workplaces, and access to parks, play spaces and open space for kids and families to enjoy.

Embrace Diversity. Accommodate the needs of people of diverse backgrounds, interests, and income levels, creating an inclusive, accessible, inviting, and safe place for all.

Support Housing Development and Provide a Variety of Housing Types. Support a range of housing opportunities, including affordable housing, to address Union City’s housing needs and the State’s housing objectives for the area.

Ensure Long-Term Fiscal Sustainability. Provide a range of jobs, retail, and improvements.

Station Center Apartments along 11th Street
City Council/RSA Agenda 29 Tuesday, January 23, 2024
Station District Subareas
James Logan
High School
City Corp.

Yard
Green Street
Bridge
●

STATION
EAST
CIVIC
CENTER

GATEWAY
THE

MARKETPLACE
THE
CORE
0 250 500 750 1,000
Feet
Union City Station District
Union City City Limit
Subareas
The Core
Station East
Gateway
The Marketplace
Civic Center
Union City BART Station
BART
Railroad
Source: City of Union City, 2019;Alameda County GIS, 2019.

Subareas
Acres
Gross
Acres
Net
The Core 124 99
Station East 127 112
Gateway 67 60
The Marketplace 45 38
Civic Center 107 99
Totals 471 407

CIVIC CENTER
Civic uses like City Hall and the Librarywill be
cohesively integratedwith the largerStationDistrict,
including new pedestrianand bicycle connections.

THE MARKETPLACE
The Marketplacewill continue to be a vibrant,
walkable citywide destinationwith retail, dining, and
entertainment uses.Future newstreets,plazas,
feel.

THE CORE
The Core will continue to be a major transit hub
as well as a businessandresidentialcenter,wellconnectedto the rest of the city with multiple modes of transportation including bikes, walking, transit, and cars.

STATION EAST
A portion of Station East includes an approved mixed
use neighborhood development, with housing, parks,
and community-orientedretailand services.The
rest of StationEast is set aside for future jobs uses,
focused on research and development, innovation,
and technology.

GATEWAY
This new gateway to Union City will include a variety
of housing opportunities integrated with open space,
park amenities, ecological restoration, and enhanced
facilities for bicyclistsand pedestrians.

City Council/RSA Agenda 30 Tuesday, January 23, 2024
Station District Walkshed Map
Source: City of Union City, 2019;Alameda County GIS, 2019.

City Council/RSA Agenda 31 Tuesday, January 23, 2024
11 Station District Community Open House
Exhibits:

Station East Mixed-Use
Development
City Council/RSA Agenda 32 Tuesday, January 23, 2024
12 City Council/RSA Agenda 33 Tuesday, January 23, 2024 13 City Council/RSA Agenda 34 Tuesday, January 23, 2024 14 City Council/RSA Agenda 35 Tuesday, January 23, 2024 15 Station District Community Open House
Exhibits:

Quarry Lakes Parkway
City Council/RSA Agenda 36 Tuesday, January 23, 2024
Quarry Lakes Parkway
Decrease in vehicle
hoursofdelay
miles traveled(VMT) ExpandsMobility
Options
ImprovedCirculation& Public Safety
Improvesaccess for residentsto
UnionCityBART& DumbartonExpress
EnhancesWalking/BikingOptions &
ImprovesConnectivity
Noincreaseinvehicle
City Council/RSA Agenda 37 Tuesday, January 23, 2024
Project Renderings
Similar Roadway Improvements (11th Street)
QuarryLakesDrive
QuarryLakesParkway
Quarry Lakes Parkway
Improved Circulation
& Public Safety
Decrease InVehicle
Hours of Delay
ImprovesAccess for Residentsto
UnionCityBart & Dumbarton Express
No IncreaseinVehicle
MilesTraveled (VMT)
ExpandsMobility Options
EnhancesWalking/Biking
Options& ImprovesConnectivity
City Council/RSA Agenda 38 Tuesday, January 23, 2024
OldAlamedaCreekRestorationOpportunities
RestoringLocalNativeBiodiversity
EncouragingEcologicalBalanceandFosteringSustainability
Quarry Lakes Parkway
City Council/RSA Agenda 39 Tuesday, January 23, 2024
19 Station District Community Open House
Exhibits:

BART East Entrance and
Pedestrian At-Grade Crossing
City Council/RSA Agenda 40 Tuesday, January 23, 2024
BART At-Grade Crossing
City Council/RSA Agenda 41 Tuesday, January 23, 2024
Union Pacific Railroad: PERMIT REQUIREMENTS & CONDITIONS

UNION CITY

BARTSTATION

NEW AT-GRADE

PEDESTRIAN

CROSSINGATBART

DECOTOROAD

PEDESTRIAN

CROSSING

IMPROVEMENTS
“I” ST.AT-GRADE

CROSSING
(CLOSURE)
City Council/RSA Agenda 42 Tuesday, January 23, 2024
“I” Street At-Grade Crossing (Oakland Sub)
AFTER
BEFORE
City Council/RSA Agenda 43 Tuesday, January 23, 2024
Railroad Tracks, Crossings and Future At-Grade Crossing Safety Projects NOTE: UC-UP Agreement also required the City to update the pre-emption calculations at these Railroad Crossings for UP’s review, which may result in UP requiring the City to install new pre-emption systems at one or more crossings. UP is currently reviewing the updated calculations.

City Council/RSA Agenda 44 Tuesday, January 23, 2024
24 Station District Community Open House
Exhibits:

Union City Intermodal Station, Phase 3
(Intercity Rail Station)
City Council/RSA Agenda 45 Tuesday, January 23, 2024
Intermodal Station Phase 3
City Council/RSA Agenda 46 Tuesday, January 23, 2024
Intermodal Station Phase 3

UNION CITY

BART STATION

UNION CITY

INTERCITY RAIL STATION
11TH STREET
City Council/RSA Agenda 47 Tuesday, January 23, 2024
27 Station District Community Open House NEXT STEPS
•Future Events:
•Station East
•Quarry Lakes Parkway
•Gateway Site
•BART At-Grade Crossing
•Union City Intermodal
Station Phase 3
City Council/RSA Agenda 48 Tuesday, January 23, 2024
28 Station District Community Open House - QUESTIONS?
Thank You!
City Council/RSA Agenda 49 Tuesday, January 23, 2024
Agenda Item
ATTACHMENTS:

Description Type
District Policing Presentation Attachment
City Council/RSA Agenda 50 Tuesday, January 23, 2024
City Council/RSA Agenda 51 Tuesday, January 23, 2024
WHAT IS DISTRICT POLICING?
Our District Policing model is a pivotal step in fostering engagement and elevated customer service through purpose-driven responses to community concerns. This model includes four districts, aligned with city council boundaries, and specifically assigned Lieutenants leading their respective districts. District Policing helps build stronger relationships and increases information sharing with those we serve.

City Council/RSA Agenda 52 Tuesday, January 23, 2024

DISTRICT
MAPEach Patrol Lieutenant is assigned a specific District. There are four Districts within Union City.

City Council/RSA Agenda 53 Tuesday, January 23, 2024

MEET OUR DISTRICT COMMANDERS
Lt. James Cordero Lt. Michael Mahaney Lt. Paul Kanazeh
DISTRICT 1 DISTRICT 2 DISTRICT 3 & 4
City Council/RSA Agenda 54 Tuesday, January 23, 2024

OUR GOALS
Early
identification of
crime trends
and community
issues
Developing
crime
suppression and
deterrence
strategies
Developing
response plans,
including
optimal resource
deployment
Increased
accountability
and specialized
knowledge of
districts
Increased
community
engagement
Building and
maintaining
meaningful
relationships
City Council/RSA Agenda 55 Tuesday, January 23, 2024
City Council/RSA Agenda 56 Tuesday, January 23, 2024
Agenda Item
DATE: 1/23/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE THE FOURTH AMENDMENT TO THE CONSULTING

SERVICES AGREEMENT WITH AARON WELCH PLANNING, IN THE
AMOUNT OF $49,500, FOR A TOTAL CONTRACT AMOUNT OF $144,000,

FOR PROJECT MANAGEMENT SERVICES TO ASSIST WITH

IMPLEMENTATION OF THE BICYCLE AND PEDESTRIAN MASTER
PLAN UPDATE, CITY PROJECT NO. 17-30
Staff recommends that the City Counciladopt the attached resolution to authorize the City Manager to execute the Fourth Amendment to the Consulting Services Agreement with Aaron Welch Planning (“Consultant”), in the amount of $49,500, for a total contract amount of $144,000, for Project Management Services to assist with implementation of the Bicycle and Pedestrian Master Plan Update, City Project No. 17-30.

STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:

Goal C, Strategy 2: Economic, Community Development, and Public Safety – Facilitate the build out of the greater Station District Area through the construction of the Quarry Lakes Parkway, completion of the pedestrian railcrossing and implementing the recommendations of the Southern Alameda County Regional Rail Integration Study to make the Station District a passenger rail hub served by ACE.

Goal D, Strategy 1: Environmental Sustainability and Infrastructure – Continue the build-out of the City’s Bicycle and Pedestrian network with emphasis of closing gaps, addressing safety concerns, and increasing connectivity to the Station District.

BACKGROUND
On January 24, 2012, the City Council of Union City adopted Resolution No. 4259-12, approving the City Council/RSA Agenda 57 Tuesday, January 23, 2024
Pedestrian and Bicycle Master Plan. This 2012 plan needed to be updated to meet current policies and design guidelines identified in NACTO (National Association of City Transportation Officials), Caltrans’ Highway Design Manual (HDM), Caltrans’ Standard Details and California Manual of Uniform Traffic Control Devices (MUTCD). The updated plan would also provide a framework to create a safe and comfortable bicycle and pedestrian network in Union City that is accessible to residents of allages and abilities.

In 2017 the City received a grant of $300,000 from Alameda County Transportation Commission (Alameda CTC) to prepare a mandated Bicycle and Pedestrian Master Plan (Project Funding Agreement No. A17-0126).

To assist the City in this effort, Aaron Welch Planning was hired in 2020 to provide project management services. The preparation of the Plan included a robust outreach and coordination effort among several stakeholders, including the City’s Bicycle and Pedestrian Advisory Committee (BPAC), Bicycle and Pedestrian Action Team consisting of allcity departments, New Haven Unified School District and community engagement meetings.

The project was successfully concluded and on November 23, 2021, the City Council approved Resolution No. 5859-21 adopting the 2021 Bicycle and Pedestrian Master Plan Update, City Project No. 17-30.

DISCUSSION
O n April 1, 2020, Union City entered into a Consulting Services Agreement with Aaron Welch Planning (C5429), in the amount of $45,000, for project management services to the Public Works Department to manage and coordinate the Toole Design Group contract for the Bicycle and Pedestrian Master Plan (BPMP) Update, City Project No. 17-30. The BPMP included a robust community engagement with BPAC presentations and updates that was scheduled to begin in early 2020 with anticipated completion by Fall 2020.

However, the COVID-19 pandemic in March 2020 changed the community engagement and BPAC meetings from in-person commission meetings and public community outreach meetings to virtual meetings. The revised project schedule included the release of the Administrative Draft BPMP in the Fall of 2021 and adoption of the Final BPMP on November 23, 2021.

On August 10, 2021, the City Counciladopted Resolution No. 5815-21, approving the First Amendment to the Consulting Services Agreement with Aaron Welch Planning (C5429b), increasing the compensation by $49,500, for a totalcontract amount of $94,500.

Since the approval of 2021 Bicycle and Pedestrian Master Plan Update, Aaron Welch Planning has continued to assist City staff with the review comments on development and CIP projects including Quarry Lakes Parkway and Union City Boulevard Bike Lanes to ensure these projects are consistent with the approved plan.

Aaron Welch Planning also assisted Economic and Community Development with the approved Station District Specific Plan.

On April 1, 2022, the City executed the Second Amendment to the Consulting Services Agreement with Aaron Welch Planning (C5429c), to extend the “Term of Services” of the Agreement to December 31, 2022. On June 6, 2023, the City further extended the “Term of Services” of the Agreement to December 31, 2023, by entering into the Third Amendment to the Consulting Services Agreement with Aaron Welch Planning (C5429d).

The Fourth Amendment to the Consulting Services Agreement, in the amount of $49,500, if approved, will allow the Consultant to continue providing Project Management Services on the reviewing and implementing of the policies and designs in the approved Bicycle and Pedestrian Master Plan Update, the Station District Specific Plan, the City Council Strategic Plan, and other City approved documents, as wellas assisting Public Works and the Economic and Community Development Department on various development and Capital Improvement Plan (CIP) projects, participating in Bicycle and Pedestrian Advisory Committee (BPAC) City Council/RSA Agenda 58 Tuesday, January 23, 2024
meetings and other project or public meetings related to bicycles, pedestrians, trails, transportation and development projects in Union City.

FISCAL IMPACT
The total cost for the Fourth Amendment to the Consulting Services Agreement with Aaron Welch Planning is $49,500 and will be funded with $40,924.92 of ACTIA (Measure B) Bike and Pedestrian funds (Account Number 2543-3199-91730-54110) and with $8,575.08 of Measure BB Bike and Pedestrian funds (Account Number 2546-3199-91730-54110), as identified in the recently approved Five-Year Capital Improvement Plan (CIP) for Fiscal Year 2023-2024 through Fiscal Year 2027-2028. The Fourth Amendment will bring the total contract amount to $144,000.

RECOMMENDATION
Staff recommends that the City Counciladopt the attached resolution to authorize the City Manager to execute the Fourth Amendment to the Consulting Services Agreement with Aaron Welch Planning (“Consultant”), in the amount of $49,500, for a total contract amount of $144,000, for Project Management Services to assist with implementation of the Bicycle and Pedestrian Master Plan Update, City Project No. 17-30.

Prepared by:

Marilou Ayupan, Public Works Director
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - Fourth Amendment Attachment
Resolution Resolution
City Council/RSA Agenda 59 Tuesday, January 23, 2024
Fourth Amendment to the Consulting Services Agreement
Between City of Union City and Aaron Welch Planning

FOURTH AMENDMENT TO THE
CONTRACTUAL SERVICES AGREEMENT (C5429)
THIS FOURTH AMENDMENT (the “Fourth Amendment”) is effective as of this 23rd day of January 2024 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and Aaron Welch Planning, ("Consultant"), collectively referred to as the "Parties".

W I T N E S S E T H:

WHEREAS, on April 1, 2020, the Parties entered into a Consulting Services Agreement in the amount of $45,000 to provide for Project Management Services for Bicycle and Pedestrian Masterplan Update, City Project No. 17-30, (C5429) (“Agreement”) wherein the Consultant will provide the City with services for the Public Works Department; and WHEREAS, on August 2, 2021, the Parties entered into a First Amendment to the Consulting Services Agreement (C5429b) to extend the Term of Services to April 30, 2022, amend the Scope of Services, and to increase the Compensation by $49,500, for a total contract amount of $94,500; and
WHEREAS, on April 1, 2022, the Parties entered into a Second Amendment to the Consulting Services Agreement (C5429c) to extend the Term of Services to December 31, 2022; and WHEREAS, on June 6, 2023, the Parties entered into a Third Amendment to the Consulting Services Agreement (C5429d) to extend the Term of Services to December 31, 2023; and WHEREAS, the Parties desire to further amend the Agreement to extend the Term of Services, increase the Compensation, and amend the Scope of Services to be provided by the Consultant; and
WHEREAS, the City and Consultant desire to enter into this Fourth Amendment.

NOW, THEREFORE, the Parties hereto do mutually agree as follows:

1. The “Term of Services” as set forth in the first sentence of Section 1.1, is hereby extended to Ju1y 1, 2025.

2. The first sentence of Section 2 “COMPENSATION” of the Agreement is hereby amended to reflect payment based on a sum increase of Forty-Nine Thousand Five Hundred Dollars ($49,500). The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of One Hundred Forty-Four Thousand Dollars ($144,000). The first sentence shall now read:

City hereby agrees to pay Consultant a sum not to exceed One Hundred FortyFour Thousand Dollars ($144,000) not withstanding any contrary indications City Council/RSA Agenda 60 Tuesday, January 23, 2024
Fourth Amendment to the Consulting Services Agreement
Between City of Union City and Aaron Welch Planning

that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement.

3. The “Scope of Services”, as set forth in Exhibit A of the Agreement, is hereby amended to include the services contained in Exhibit A of this Fourth Amendment, attached hereto and incorporated herein by reference.

4. All other provisions of the Agreement remain unchanged except as modified by this Fourth Amendment.

IN WITNESS WHEREOF, the City and the Consultant have executed this Amendment effective as of the date hereinabove written.

THE CITY OF UNION CITY AARON WELCH PLANNING
By By
Joan Malloy Aaron Welch
City Manager Principal
Attest:
___________________________
Jennifer Phan
Acting City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 61 Tuesday, January 23, 2024
Fourth Amendment to the Consulting Services Agreement
Between City of Union City and Aaron Welch Planning

EXHIBIT A

SCOPE OF SERVICES
Under the supervision of the Public Works Director and staff, the Consultant Aaron Welch Planning (AWP) shall provide professional planning and project management services to support the Public Works Divisions on an on-call basis, primarily for tasks related to implementation of the adopted 2021 Bicycle and Pedestrian Master Plan (BPMP), the Station District Area, and other long-range planning and design efforts for bicycles, pedestrians, and public space in Union City.

Tasks may include the following at the request of the Public Works Division, as feasible within the available budget and AWP staff schedule:
• Planning for Micro-Mobility (When the various projects are completed near BART, AtGrade Crossing, Decoto Rehab/Bike Lanes, etc.) • Evaluate proposed Station District Bike-Pedestrian Bridge Concepts. • Participate or present at Bicycle Pedestrian Advisory Committee (BPAC) Meetings, when needed.
• Assist the City in evaluating compliance with the adopted 2021 Bicycle Pedestrian Master Plan (BPMP)
• Assist with related BPMP implementation tasks and potential future BPMP updates. • Assist with other planning and design implementation tasks as requested by the Public Works Division.
• Represent the City at community meetings, regional planning meetings and regional project (Salt Pond Restoration Project/Bay Trail, etc.) meetings for tasks related to the BPMP implementation and future updates to the BPMP.
• Represent the City in reviewing development plans to ensure the new plans are consistent with the goals of the BPMP.

City Council/RSA Agenda 62 Tuesday, January 23, 2024
Fourth Amendment to the Consulting Services Agreement
Between City of Union City and Aaron Welch Planning

EXHIBIT B

COST PROPOSAL/COMPENSATION SCHEDULE
In consideration of the services to be rendered by Consultant as noted in Exhibit "A", City shall pay to Consultant, on a time and materials basis pursuant to Consultant’s standard hourly rate of $200.00, a total sum not to exceed $49,500.

No expenses are anticipated. Such fee schedule is subject to adjustment by Consultant on January 1 of each year. The City agrees to pay the Consultant the adjusted fee as long as Consultant provides City with at least thirty (30) days prior written notice.

Consultant shall provide City with an itemized statement setting forth the services rendered by Consultant and the charges therefor. The city agrees to pay such a statement in full within thirty (30) days of receipt. The City agrees that all billings from Consultant are correct, conclusive and binding unless City within thirty (30) days from the date of receipt of such billing notifies Consultant in writing of alleged inaccuracies, discrepancies or errors in the billing. Consultant notifies the City immediately if Consultant does not receive unpaid balance commencing thirty (30) days after the date of the original billing.

City Council/RSA Agenda 63 Tuesday, January 23, 2024
RESOLUTION NO. XXXX-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE THE FOURTH

AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH
AARON WELCH PLANNING, IN THE AMOUNT OF $49,500, FOR A TOTAL CONTRACT AMOUNT OF $144,000, FOR PROJECT MANAGEMENT

SERVICES TO ASSIST WITH IMPLEMENTATION OF THE BICYCLE AND PEDESTRIAN MASTER PLAN UPDATE, CITY PROJECT NO. 17-30
WHEREAS, on April 27, 2017, the City of Union City was awarded funding, in the amount of $300,000, by Alameda County Transportation Commission (Alameda CTC) through the Project Funding Agreement (PFA) No. A17-0126 for the Bicycle and Pedestrian Master Plan Update; and
WHEREAS, the funding for said project was funded by Alameda CTC 2000 Measure B Bicycle and Pedestrian Discretionary Funds (Fund 4100), in the amount of $150,000, with a 50% local match from Measure BB Bicycle & Pedestrian funds (Fund 2546), in the amount of $ 150,000; and
WHEREAS, on October 22, 2019, the City Council adopted Resolution No. 5536-19, authorizing Union City to enter into a Consultant Services Agreement with Toole Design Group, LLC of Oakland, CA to lead the effort for the development and preparation of the City Project No. 17-30, Bicycle and Pedestrian Master Plan Update; and
WHEREAS, on April 1, 2020, Union City entered into a Consultant Services Agreement with Aaron Welch Planning (C5429) to provide Project Management Services, in the amount of $45,000, for the Bicycle and Pedestrian Master Plan Update, City Project No. 17-30; and
WHEREAS, on August 10, 2021, the City Council adopted Resolution No. 5815- 21, approving the First Amendment to the Consulting Services Agreement with Aaron Welch Planning (C5429b), increasing the compensation by $49,500, for a total contract amount of $94,500, for Project Management Services for the Bicycle and Pedestrian Master Plan Update, City Project No. 17-30; and
WHEREAS, on November 23, 2021, the City Council adopted Resolution No. 5859-21, adopting the 2021 Bicycle and Pedestrian Master Plan Update, City Project No. 17-30; and
WHEREAS, on April 1, 2022, the City executed the Second Amendment to the Consulting Services Agreement with Aaron Welch Planning (C5429c), to extend the “Term of Services” of the Agreement to December 31, 2022; and WHEREAS, on June 6, 2023, the City executed the Third Amendment to the City Council/RSA Agenda 64 Tuesday, January 23, 2024
Resolution XXXX-24

Consulting Services Agreement with Aaron Welch Planning (C5429d), to extend the “Term of Services” of the Agreement to December 31, 2023; and WHEREAS, the Fourth Amendment to the Consulting Services Agreement, in the amount of $49,500, will allow the Consultant to continue providing Project Management Services on the reviewing and implementing of the policies and designs in the approved Bicycle and Pedestrian Master Plan, the Station District Specific Plan, the City Council Strategic Plan, and other City approved documents, as well as assisting Public Works and the Economic and Community Development Department on various development and Capital Improvement Plan (CIP) projects, participating in Bicycle and Pedestrian Advisory Committee (BPAC) meetings and other project or public meetings related to bicycles, pedestrians, trails, transportation and development projects in Union City; and
WHEREAS, the contract increase of $49,500 will be funded with $40,924.92 of ACTIA (Measure B) Bike and Pedestrian funds (Account Number 2543-3199-91730- 54110) and with $8,575.08 of Measure BB Bike and Pedestrian funds (Account Number 2546-3199-91730-54110), as identified in the recently approved Five-Year Capital Improvement Plan (CIP) for Fiscal Year 2023-2024 through Fiscal Year 2027-2028; and WHEREAS, the Fourth Amendment will bring the total contract amount to $144,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the Fourth Amendment to the Consulting Services Agreement with Aaron Welch Planning, in the amount of $49,500, for a total contract amount of $144,000, and which will extend the “Term of Services” of the Agreement to July 1, 2025, for Project Management Services to assist with implementation of the Bicycle and Pedestrian Master Plan Update, City Project No. 17-

30. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 23rd day of January 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
City Council/RSA Agenda 65 Tuesday, January 23, 2024
Resolution XXXX-24

ATTESTED: APPROVED AS TO FORM:
_________________________ ___________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 66 Tuesday, January 23, 2024
Agenda Item
DATE: 1/23/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CORINAHAHN, COMMUNITYAND RECREATION SERVICES

DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT TO MASTER CONTRACT NO.
901499 WITH ALAMEDA COUNTY TO INCREASE THE CONTRACT BY
$184,204, AND TO EXTEND THE TERM FOR SIX ADDITIONAL MONTHS,

FOR PROVIDING DELINQUENCY PREVENTION SERVICES, AND TO
AMEND THE FISCAL YEAR 2023-2024 YOUTH VIOLENCE PREVENTION & INTERVENTION FUND BUDGET
The City has been in an agreement with the Alameda County Probation Department for Youth & Family Services (YFS) to provide Youth Intervention and Delinquency Prevention Services since 2018. During that period, the City has been awarded $1,166,000 for the DPN-Youth Service Center (YSC) Grant Agreement.

The County has proposed increasing the grant amount and extending the current agreement through June 30, 2024.

STRATEGIC PLAN ALIGNMENT
Supports Goal C (Economic Community Development & Public Safety), Strategy 17 (Create plan for leveraging social service resources in Union City and the County to make efficient use of limited resources).

BACKGROUND
The City was awarded a grant in June 2018 through a three-year agreement with Alameda County Probation Department to provide Delinquency Prevention Network Services for a Youth Service Center by the Youth & Family Services Division. A First Amendment was awarded in June 2021 and a Second Amendment was awarded in July 2023 to increase the grant amount and to extend the agreement to enable the City to continue to provide services through December 2023. Now, a Third Amendment is proposed that will increase the grant amount and extend the DPN-YSC contract for an additional six months through June 30, 2024.

City Council/RSA Agenda 67 Tuesday, January 23, 2024

DISCUSSION
The Youth & Family Services Division will continue to provide existing levels of counseling support, truancy mediation and diversion services to Union City youth and their families through June 30, 2024. It is expected that a new two-year agreement with Alameda County Probation will be awarded to the City by June 2024.

FISCAL IMPACT
There is no fiscal impact to the General Fund. The DPN-YSC grant funding of $184,204 will be used for Youth & Family Services staff costs and program supplies that are used in providing services to eligible participants of DPN-YSC programs.

RECOMMENDATION
It is recommended that the City Counciladopt a resolution:

1. Authorizing the City Manager to execute the Third Amendment to Master Contract No. 901499 with Alameda County to increase the contract by $184,204, and to extend the term for an additional six months, for providing Delinquency Prevention Services; and

2. Amending the FY 2023-2024 Youth Violence Prevention & Intervention Fund budget.

Prepared by:

Corina Hahn, Community and Recreation Services Director Submitted by:

Corina Hahn, Community and Recreation Services Director ATTACHMENTS:

Description Type
DPN-YSCExt.2024 Resolution
Exhibit A - Contract Exhibit
City Council/RSA Agenda 68 Tuesday, January 23, 2024
RESOLUTION NO. XXXX-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING

THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT TO MASTER CONTRACT NO. 901499 WITH ALAMEDA COUNTY TO INCREASE THE CONTRACT BY $184,204, AND TO EXTEND THE TERM FOR SIX ADDITIONAL MONTHS, FOR

PROVIDING DELINQUENCY PREVENTION SERVICES, AND TO AMEND THE FISCAL YEAR 2023-2024 YOUTH VIOLENCE PREVENTION & INTERVENTION FUND BUDGET WHEREAS, the Delinquency Prevention Network (DPN) Youth Service Center (YSC) contract from Alameda County Probation Department provides delinquency prevention services to probation-involved and at-promise youth and their families; and WHEREAS, the City of Union City Youth & Family Services (YFS) Division has been awarded an extension for six additional months and $184,204 to continue as the Region #10 service provider serving youth and families from Union City; and WHEREAS, the term of the Agreement is extended through June 30, 2024; and WHEREAS, the Youth & Family Services (YFS) Division will provide services that are based on a family-strengths approach to stabilize the youth and their family, as well as reduce atrisk behavior by providing interventions that are immediate, culturally aware, and sensitive, gender- responsive, and evidence-based.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the Third Amendment to Master Contract No. 901499 to increase the contract by $184,204, and to extend the term for six additional months, for providing delinquency prevention services to youth and families from Union City; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the Fiscal Year 2023-2024 Youth Violence Prevention & Intervention Fund revenue budget by increasing the revenue projection in Account Number 2440-51023-44502 (Youth Violence Prevention & Intervention Fund – DPN-YSC – DPN-YSC Grant) by $70,184; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the Fiscal Year 2023-2024 Youth Violence Prevention & Intervention Fund expenditure budget by appropriating $49,804 to Account Number 2440-5109-51023-51110 (Youth Violence Prevention & Intervention Fund – CRS-Youth & Family Services – DPN-YSC – Regular Pay); and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute all further amendments to Master Contract No. 901499.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 23
rd
day of January 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Council/RSA Agenda 69 Tuesday, January 23, 2024
APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:

JENNIFER PHAN KRISTOPHER J. KOKOTAYLO
Acting City Clerk City Attorney
City Council/RSA Agenda 70 Tuesday, January 23, 2024
Master Contract No. 901499
Procurement Contract No. 16466

THIRD AMENDMENT TO STANDARD SERVICES AGREEMENT
This Third Amendment to Agreement (“Third Amendment”) is made by the County of Alameda (“County”) and City of Union City, (“Contractor”) with respect to that certain agreement entered by them on June 25, 2018 and that certain First (June 23, 2021) and Second (July 10, 2023) Amendments to Contract (collectively referred to herein as the “Contract”), pursuant to which Contractor provides delinquency prevention network services to County.

County and Contractor, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree as follows:

1. Except as otherwise stated in this Third Amendment, the terms and provisions of this Amendment will be effective as of the date this Third Amendment is executed by the County (“Effective Date”).

2. The term of the Agreement is currently scheduled to expire on December 31, 2023. As of the Effective Date, the term of the Agreement is extended through June 30, 2024.

3. In consideration for Contractor’s additional services, the County shall pay Contractor in an additional amount not to exceed One Hundred Eighty-Four Thousand Two Hundred Four dollars ($184,204). As a result of these additional services the not to exceed amount has increased from One Million One Hundred Sixty-Six Thousand dollars ($1,166,000) to One Million Three Hundred Fifty Thousand Two Hundred Four dollars ($1,350,204) over the term of the Agreement and any amendments.

4. Paragraph 20 of the Standard Services Agreement has been amended by changing the shall not exceed amount in the last sentence to $1,350,204.

5. Exhibit B - Payment Terms is amended by the attached Exhibit B-3, Payment Terms, which is attached to this Amendment.

6. Attached hereto is Exhibit D-3, a current Debarment and Suspension Certificate executed by Contractor.

7. Attached hereto is Exhibit F-3, THE IRAN CONTRACTING ACT (ICA) OF 2010 For Procurements of $1,000,000 statement executed by Contractor.

City Council/RSA Agenda 71 Tuesday, January 23, 2024
Master Contract No. 901499
Procurement Contract No. 16466

8. Except as expressly modified by this Third Amendment, all of the terms and conditions of the Contract are and remain in full force and effect.

City Council/RSA Agenda 72 Tuesday, January 23, 2024
Master Contract No. 901499
Procurement Contract No. 16466

IN WITNESS WHEREOF, the parties hereto have executed this Amendment.

COUNTY OF ALAMEDA CITY OF UNION CITY
By:

Signature
By:

Signature
Name: : Detra Dillon
(Printed)
Name:
(Printed)
Title: Procurement Administrator Title:

Date: Date:

By signing above, signatory warrants
and represents that he/she executed
this Agreement in his/her authorized
capacity and that by his/her signature
on this Agreement, he/she or the
entity upon behalf of which he/she
acted, executed this Agreement.

City Council/RSA Agenda 73 Tuesday, January 23, 2024
Master Contract No. 901499
Procurement Contract No. 16466
Exhibit B-3

EXHIBIT B-3

PAYMENT TERMS
Except as expressly modified by this Exhibit B-3, all of the terms and conditions of the original and revised Exhibit B - Payment Terms are and remain in full force and effect.

1. Total payment under the terms of this Agreement will not exceed the total amount of $1,350,204. This cost includes all taxes and all other charges.

Personnel Title and FTE % Total Program Budget for Six Months Clinical Supervisor .50 $ 32,570.00
Intervention Counselor .63 $ 35,236.00
Intervention Counselor .52 $ 23,162.00
Case Manager .70 $ 31,491.00
Data Administrator .20 $ 9,710.00
Benefits $ 33,042.00
SUBTOTAL $ 165,211.00
Program/Operating Cost Total Program Budget for Six Months 65,140.00 $ 2,472.00
SUBTOTAL $ 2,472.00
Indirect/Administrative Cost (Not to exceed 10%) Total Program Budget for Six Months $ 16,521.00
SUBTOTAL $ 16,521.00

GRAND TOTAL
Six Months
$ 184,204.00
City Council/RSA Agenda 74 Tuesday, January 23, 2024
Master Contract No. 901499
Procurement Contract No. 16466
Exhibit D-3

EXHIBIT D-3

COUNTY OF ALAMEDA

DEBARMENT AND SUSPENSION CERTIFICATION
The Contractor, under penalty of perjury, certifies that, except as noted below, contractor, its principals, and any named or unnamed subcontractor:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
• Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years;
• Does not have a proposed debarment pending; and
• Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years.

If there are any exceptions to this certification, insert the exceptions in the following space. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.  Check if continued on the attached page.

Notes: Providing false information may result in criminal prosecution or administrative sanctions.

The above certification is part of the Amendment to the Standard Services Agreement.

Signing the Amendment to Standard Services Agreement on the signature portion thereof shall also constitute the signature of this Certification.

CONTRACTOR:

PRINCIPAL: TITLE:

SIGNATURE: DATE:

City Council/RSA Agenda 75 Tuesday, January 23, 2024
Master Contract No. 901499
Procurement Contract No. 16466
Exhibit F-3

EXHIBIT F-3

COUNTY OF ALAMEDA
THE IRAN CONTRACTING ACT (ICA) OF 2010
The California Legislature adopted the Iran Contracting Act (ICA) to respond to policies of Iran in a uniform fashion (PCC § 2201(q)). The ICA prohibits persons engaged in investment activities in Iran from bidding on, submitting proposals for, or entering into or renewing contracts with public entities for goods and services of one million dollars ($1,000,000) or more (PCC § 2203(a)). A person who “engages in investment activities in Iran” is defined in either of two ways:

1. The person provides goods or services of twenty million dollars ($20,000,000) or more in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or

2. The person is a financial institution (as that term is defined in 50 U.S.C. § 1701) that extends twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on a list created by the California Department of General Services (DGS) pursuant to PCC § 2201(b) as a person engaging in the investment activities described in paragraph 1 above.

By signing below, I hereby certify that as of the time of bidding or proposing for a new contract or renewal of an existing contract, neither I nor the company I own or work for are identified on the DGS list of ineligible persons and neither I nor the company I own or work for are engaged in investment activities in Iran in violation of the Iran Contracting Act of 2010.

If either I or the company I own or work for are ineligible to bid or submit a proposal or to renew a contract, but I believe I or it qualifies for an exception listed in PCC § 2202(c), I have described in detail the nature of the exception:

CONTRACTOR:

PRINCIPAL: TITLE:

SIGNATURE: DATE:

City Council/RSA Agenda 76 Tuesday, January 23, 2024
Agenda Item
DATE: 1/23/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING PAYMENT OF ADDITIONAL COMPENSATION IN THE AMOUNT OF $162,010.50 TO TRI-CITY COMMUNITY RECYCLING TOTALING $324,021.00 FOR FY2023-24 FOR RECYCLING MATERIALS PROCESSING Staff recommends that the City Council adopt a resolution authorizing payment of additional compensation in the amount of $162,010.50 to Tri-City Community Recycling (Tri-CED) totaling $324,021.00 for FY 2023-24 for recycling materials processing.

On June 13, 2023, the City Council adopted Resolution No. 6144-23 which awarded a potential total amount of $324,021.00 of additionalcompensation for recycling processing to Tri-CED for FY 2023-24. Payment of $162,010.50 was approved for July through December 2023, and the second installment of $162,010.50 payable from January through June 2024, was made contingent upon the company achieving a 75% recycling diversion requirement at its materials recovery facility (MRF) or demonstrating good faith efforts to improve MRF performance to achieve the 75% recycling diversion requirement. The City has determined that small gains in recycling diversion have transpired and while the company has not achieved the 75% recycling diversion requirement, the company has made efforts to improve performance and the amount of additional compensation requested for recycling processing is below current market value.

STRATEGIC PLAN ALIGNMENT
While not directly mentioned as a strategy, this report is in alignment with the overarching Goal D: Environmental Sustainability and Infrastructure. Administering the City’s collection service agreements with the goal of achieving additional diversion of waste from landfillenables the City to meet the State’s requirements and waste reduction targets.

BACKGROUND
The City’s Franchise Agreement with Tri-CED specifies that the compensation paid to the company and the rates charged to ratepayers shall be adjusted annually based on the company submitting its annual request for an increase in compensation. Tri-CED’s Compensation Adjustment Application for FY 2023-24 included the company’s annual request for Recycling Processing Surcharge additionalcompensation of $437,035.00.

On June 13, 2023, the City Counciladopted Resolution No. 6144-23 which resulted in:
(1) Approval of a 5.6% increase in the rates charged to Union City residents and in the compensation paid to Tri-CED for FY 2023-24;
(2) A reduction in the amount of additional compensation for recycling processing to Tri-CED for FY 2023-24 from the requested $437,035 to $324,021 due to a deficit in revenue collected from Tri-CED billings because of the company misreporting the number of households served which is used to determine rates; and (3) Authorization of the discretionary additional compensation payments to Tri-CED of $162,010.50 for July through December 2023 and the second installment of $162,010.50 for January through June 2024 made contingent upon Tri-CED City Council/RSA Agenda 77 Tuesday, January 23, 2024
December 2023 and the second installment of $162,010.50 for January through June 2024 made contingent upon Tri-CED achieving a 75% recycling diversion from landfill requirement or demonstrating good faith efforts to achieve this goal.

DISCUSSION
The current recycling collection services Franchise Agreement (Agreement) with Tri-CED requires the company to process the singlestream recycling materials it collects in the City at the company’s material recovery facility (MRF) on Western Avenue in Union City.

The Agreement requires the company to process these materials at no extra cost to the City. However, due to changes in the recycling commodities markets since this Agreement was executed in 2015, most notably the imposition of the China Sword waste import strategy by China in 2018, the City has determined that subsidizing Tri-CED with additional compensation of approximately $2.00 per household per month for some of its costs to perform recycling processing is reasonable.

The City Council previously authorized Recycling Processing Surcharge (RPS) payments to Tri-CED per Resolution No. 5511-19 adopted on July 30, 2019, Resolution No. 5628-20 adopted on July 14, 2020, and Resolution No. 5687-20 adopted on November 24, 2020, and annually since. On June 13, 2023, the City Counciladopted Resolution No. 6144-23 authorizing FY 2023-24 RPS additional compensation of $162,010.50 for July through December 2023 and $162,010.50 for January through June 2024 contingent on Tri-CED achieving a 75% recycling diversion from landfill requirement or demonstrating good faith efforts to achieve this goal.

Staff has worked closely with Tri-CED to obtain the quantifiable data to determine compliance with the prescribed 75% diversion from landfill requirement. Commencing in June 2023 Tri-CED has submitted to the City a “Monthly MRF Update” report providing the data needed to determine compliance with the 75% diversion requirement. While the pertinent data contained in this report is not in alignment with the same data submitted in the company’s regular Monthly Reports to the City that are submitted pursuant to the Franchise Agreement, it does not appear that the differences between these two sets of disparate data are significant enough to impact the determination of Tri-CED achieving the 75% recycling diversion from landfill requirement.

Tri-CED MRF Quantifiable Performance
As shown in Table 1 below, Tri-CED has not achieved the 75% recycling diversion from landfill requirement for any month during the reporting period, nor for the combined seven-month period. The combined seven-month period results in a 52.57% recycling diversion from landfill rate.

Reviewing the individual monthly results is insufficient to determine compliance with the 75% diversion from landfill requirement and rather a longer term should be considered. To accurately assess the actual diversion from landfill achieved by Tri-CED, the determination requires viewing the data for the entire reporting period. This is because at the close of any given month there will be bales of recycling commodities, residual (garbage) materials, and unprocessed recycling materials delivered by the curbside collection trucks that are unaccounted for in the data because these materials are on site at the MRF.

Table 1
City Council/RSA Agenda 78 Tuesday, January 23, 2024
The 52.57% MRF processing recycling diversion from landfill rate means that approximately one-half of all the materials set-out weekly by the City’s residents for recycling collection by Tri-CED are sent directly to landfill by the company.

It is important to note that included in the recycling materials set-out for collection by residents participating in any curbside recycling program there is typically a substantial amount of non-recyclable materials. This is why the recycling diversion requirement was established at 75% for Tri-CED. This is an achievable diversion goal as evidenced by the performance of other MRF processing operations, including the Newby Island Recycling facility owned and operated by the City’s other collection services franchisee, Republic Services. This facility processes recycling from numerous jurisdictions including San Jose.

It is also important to note that the Franchise Agreement with Tri-CED, which includes compensation for the company for all aspects of this Agreement with the exception of recycling processing as mentioned above, requires the company to ensure that residents do not include more than 10% of non-recyclable materials in their recycling set-out for collection weekly. The company is obligated to achieve this through public education and outreach, monitoring set-outs and leaving corrective notices, refusing to collect if high amounts of non-recyclable materials are included, and via the efforts of its drivers who provide the actual daily collection services. This requirement has been in place since the inception of the Franchise Agreement in 2015. A recent waste characterization study conducted by Tri-CED resulted in determining that on average, 34% of the recycling material set-out by residents is non-recyclable material, which exceeds the company’s contractual requirement to reduce this to 10% or below.

The amount of non-recyclable material included in the recycling set-out by residents does impact the MRF processing recycling diversion rate, but the impact is not a straightforward “apply the percent” math equation. The reason is that a large fraction of the nonrecyclable materials that are processed at MRF’s are included in the recycling commodities generated by the facility for sale in the marketplace. The largest contributor by weight is in the glass fraction because these materials contain a considerable amount of heavy “fines” which include dirt, small rocks, batteries, metal and plastic caps, small packaging components, and other materials that are not feasibly separated (because of their small size) from the mixed broken glass that is generated by the MRF. Therefore, the glass commodity generated at the MRF and shipped to the glass beneficiary company includes all of these other materials that are in fact included in the 34% non-recyclable materials set-out for collection by residents. In addition, even the bales of paper, cardboard, plastics, metal, and aluminum contain a small percentage of “contamination” and this is acceptable by the commodity brokers and plants that process these raw commodities into recycled products.

Tri-CED Good Faith Efforts to Improve MRF Performance
In addition to the quantifiable data included in Tri-CED’s Monthly MRF Update report to the City, several other details of the company’s MRF operations were included. The City has reviewed this information and is aware that Tri-CED hired a reputable MRF industry consultant to assist the company with achieving the 75% recycling diversion from landfill requirement. While it appears that TriCED’s MRF operations can still undergo process improvements to achieve significant additional diversion based on review of the data submitted by the company and direct observation of MRF operations, the City has determined that the company has made some efforts to increase recycling diversion from landfilleven though it is far short of the 75% diversion from landfill requirement.

Summary of Analysis
Tri-CED has not achieved the prescribed 75% recycling diversion from landfill requirement and has made modest quantifiable gains, but it does appear that the company has made efforts to improve its diversion performance. Tri-CED requested compensation of $437,035.00 for recycling processing which equates to approximately $95.00 per ton of recycling materialcollected. The approved total recycling processing additionalcompensation amount of $324,021 equates to approximately $70.00 per ton.

The current market value of recycling processing by public and private sector MRF’s is approximately $125-165 per ton (depending on various factors including the revenue sharing arrangement with the lower per ton cost including revenue sharing with the city) in the Bay Area and the amount requested by Tri-CED is much lower. (Table 2 provides a list of the Bay Area MRF’s surveyed.) Table 2
City Council/RSA Agenda 79 Tuesday, January 23, 2024
While the diversion from landfill goal was not met and roughly half of the recycling set-out for collection by Union City residents is still sent directly to landfill for disposal, the company has made efforts to improve and the $70.00 per ton below market compensation requested by the company for its MRF processing is reasonable, especially since roughly half of all the materials collected are unfortunately still sent directly to landfill and not recycled. Therefore, providing the additional compensation in the amount of $162,010.50 to the company for its MRF processing is reasonable.

FISCAL IMPACT
Authorizing additional compensation to Tri-CED in the amount of $162,010.50 will not result in a fiscal impact to the City because this City Council/RSA Agenda 80 Tuesday, January 23, 2024
Authorizing additional compensation to Tri-CED in the amount of $162,010.50 will not result in a fiscal impact to the City because this revenue was included in the FY 2023-24 rates currently charged to customers.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing payment of additional compensation in the amount of $162,010.50 to Tri-City Community Recycling (Tri-CED) totaling $324,021.00 for FY 2023-24 for recycling materials processing.

Prepared by:

Cliff Feldman, Solid Waste and Recycling Program Manager Submitted by:

Jennifer Phan, Deputy City Manager
ATTACHMENTS:

Description Type
Attachment 1 – Resolution Resolution
City Council/RSA Agenda 81 Tuesday, January 23, 2024
RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING PAYMENT OF ADDITIONAL COMPENSATION IN THE AMOUNT OF $162,010.50 TO TRI-CED COMMUNITY RECYCLING TOTALING $324,021.00 FOR FY 2023-24 FOR RECYCLING MATERIALS PROCESSING
WHEREAS, the City entered into a Franchise Agreement (Agreement) with Tri-City Economic Development Corporation (Tri-CED) to provide recycling collection and processing services; and
WHEREAS, under the terms of the Agreement, Tri-CED may annually submit an application to adjust the compensation they receive and rates charged for providing services; and WHEREAS, the Tri-CED rate adjustment application submitted for Fiscal Year 2023- 2024 included a request for the City to pay additional compensation of $437,035.00 for recycling processing; and
WHEREAS, on June 13, 2023, the City Council approved Resolution No. 6144-23 which reduced the maximum recycling processing additional compensation eligible for the company to receive from $437,035.00 to $324,021.00 and authorized payment to the company in one-half installments in the amount of $162,010.50 with payment of the first one-half installment during July through December 2023 and the second installment during January through June 2024 which is contingent on Tri-CED improving its recycling materials processing operations to achieve a minimum of 75% diversion from landfill for all Union City recycling materials processed by TriCED; and WHEREAS, Resolution No. 6144-23 prescribed that in determining Tri-CED’s compliance with the 75% recycling diversion from landfill requirement, the City Manager or designee shall ascertain the quantifiable results achieved by December 1, 2023 and consider the good faith reasonable efforts implemented and maintained by Tri-CED to improve its MRF operations to achieve the 75% recycling diversion goal, and upon review of the quantifiable results and qualitative improvements, shall make a determination on authorizing the second installment of $162,010.50 payable to the company during January through June 2024; and WHEREAS, the City has reviewed the quantifiable results and determined that the 75% recycling diversion requirement has not been met and only minor gains in increasing diversion have resulted during the June through December 2023 review period; and WHEREAS, the City has received information from Tri-CED regarding the company’s good faith efforts to achieve the 75% recycling diversion requirement and has determined that while the company has made efforts to improve diversion from landfill performance to achieve the 75% recycling diversion requirement, these efforts have not resulted in significant gains in meeting the 75% recycling diversion requirement; and
WHEREAS, the total amount of $324,010.00 Recycling Processing Surcharge additional compensation approved pursuant to Resolution No. 6144-23 is below the regional market rate for City Council/RSA Agenda 82 Tuesday, January 23, 2024
Resolution No. XXXX-24

recycling processing and authorizing the second installment payment of $162,010.50 for recycling processing during the January through June 2024 term is reasonable based on other public and private sector alternatives to process recycling materials; and NOW, THEREFORE BE IT RESOLVED that the City Council does hereby approve payment of the Recycling Processing Surcharge additional compensation second installment of $162,010.50 payable to the company during January through June 2024.

PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Union City at a regular meeting held on the 23
rd day of January 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
____________________________________

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
____________________ ____________________________________ JENNIFER PHAN KRISTOPHER J. KOKOTAYLO
Acting City Clerk City Attorney
City Council/RSA Agenda 83 Tuesday, January 23, 2024
Agenda Item
DATE: 1/23/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: FURTHER REVIEW TEXT AMENDMENTS RELATED TO POTENTIAL

ORDINANCE AMENDING UNION CITY MUNICIPAL CODE CHAPTER

5.42 “TOBACCO RETAILERS” AND PROVIDE DIRECTION
The City Council previously provided direction to staff regarding a potential ordinance amending Chapter 5.42, “Tobacco Retailers”, of the Union City Municipal Code (“UCMC”) (the “Tobacco Retailers Ordinance”).

The City Attorney’s Office has prepared draft text amendments to the Tobacco Retailers Ordinance based on general direction provided by the City Council and presented those to the City Council on January 9, 2024.

After consideration and discussion, the City Council provided direction regarding additional potential revisions to the Tobacco Retailers Ordinance. The City Attorney’s Office further prepared draft text amendments based on that direction.

Staff and the City Attorney’s Office now recommend that the City Council review the updated draft text amendments to the Tobacco Retailers Ordinance and provide any necessary further direction. The City Attorney's Office will finalize an ordinance amending the Tobacco Retailers Ordinance based on direction provided by the City Council.

STRATEGIC PLAN ALIGNMENT
There are no Strategic Plan goals associated with this agenda item.

BACKGROUND
The City Council held a study session on July 25, 2023, regarding possible amendments to the Tobacco Retailers Ordinance. This followed voter approval of Proposition 31, upholding Senate Bill 793 which banned the sale of flavored tobacco products.

At that time, the City Council considered the following potential amendments to the Tobacco Retailers Ordinance and provided general direction as follows:

City Council/RSA Agenda 84 Tuesday, January 23, 2024
1) Completely prohibit the sale of vape products.
2) Prohibit the sale of flavored tobacco products, consistent with state law. 3) Prohibit the sale of tobacco products in pharmacies. 4) Amend the minimum single cigar price from $5 to $8 with the annual increase by the Consumer Price Index (CPI) or some other amount.
5) Amend the minimum pack size for cigars (unless sold at the single cigar price identified above) from 5 to 20. 6) Prohibit the issuance of tobacco retail licenses within 500 feet of each other. 7) Increase the amount for fines related to violations.

The City Council subsequently considered the potential amendments at its January 9, 2024 City Council meeting. At that time, the City Council provided the following direction:
1) Allow the transfer of a tobacco retailers license with the transfer of a business and revise the definition of “arm’s length transaction” to clearly allow for family transfers and other transfers that are outside of the open market. This would allow existing businesses within 500 feet of each other to sell/transfer the license to a new proprietor.
2) Provide an effective date that is 120 days from adoption. 3) Prohibit the redemption and use of coupons by tobacco retailers. 4) Revise the minimum pack size requirements for cigars to a minimum pack of 10 with a $15 minimum.

The City Council also referred a number of additional items to the Legislation and Policy Committee for consideration.

DISCUSSION
The City Attorney’s Office has prepared draft text amendments to the Tobacco Retailers Ordinance incorporating the City Council’s feedback from the January 9 City Council meeting. The text amendments include the prior revisions, except to the extent modified by Council direction on January 9, which are highlighted below:
1) Union City Municipal Code Section 5.42.050(B) remains to allow applicants to transfer licenses where otherwise permitted provided that applicant has acquired or is acquiring the location or business in an arm’s length transaction.
2) Arm’s length transaction is now defined to include a sale or transfer for valuable consideration, as determined by the parties and excludes language that may indicate a transfer between relatives, related companies or partners is invalid. This would allow existing businesses within 500 feet of each other to sell/transfer the license to a new proprietor.
3) Prohibits the redemption and use of coupons by tobacco retailers 4) Provides the minimum pack size requirements for cigars to a minimum pack of 10 with a $15 minimum.

The City Councilalso requested that the ordinance not take effect for 120 days. This language will be included in the ordinance that is ultimately adopted by Council and is not included in the text amendments themselves.

The draft text amendments also include some further consolidation of definitions that was inadvertently excluded from the January 9 draft.

Staff will be seeking confirmation and any additional feedback or comments before finalizing the ordinance.

FISCAL IMPACT
City Council/RSA Agenda 85 Tuesday, January 23, 2024
There is no direct fiscal impact associated with the City Council’s consideration of the draft text amendments.

RECOMMENDATION
Staff and the City Attorney’s Office recommend that the City Council review the draft text amendments to the Tobacco Retailers Ordinance, and provide any necessary further direction. Staff will finalize an ordinance amending the Tobacco Retailers Ordinance based on direction provided by the City Council.

Prepared by:

Kristopher J. Kokotaylo, City Attorney
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
Text Amendments Tobacco Retailers License Ordinance - Redline Ordinance Text Amendments Tobacco Retailers License Ordinance Ordinance Item7.a. - Written Public Comment -American Heart Association Attachment Item7.a. - Written Public Comment -Alvarado 76 Attachment Item7.a. - Written Public Comment - Patel, S Attachment Item7.a. - Written Public Comment -Alvarado Niles Shell 1 Attachment Item7.a. - Written Public Comment - Cheaper Cigarettes Attachment Item7.a. - Written Public Comment - Bobs Quick Shop Beerand Wine
Attachment
Item7.a. - Written Public Comment - UCFood and Liquors Attachment Item7.a. - Written Public Comment - Patel, N Attachment Item7.a. - Written Public Comment - Patel, D Attachment Item7.a. - Desk Item1 - Councilmember Patino Attachment Item7.a. - Desk Item2 - Councilmember Patino Attachment Item7.a. - Desk Item- Councilmember Sakakihara Attachment City Council/RSA Agenda 86 Tuesday, January 23, 2024

EXHIBIT A

5.42.010 Definitions.

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
“Administrator” means the Administrative ServicesFinance Director or designee. “Arm’s length transaction” means a sale or transfer, in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, as determined by the parties, neither of which is under any compulsion to participate in the transaction. A sale or transfer between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an arm’s length transaction.
“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.means anything that can be exchanged for or used to acquire an electronic cigarette, electronic cigarette paraphernalia, electronic cigarette or tobacco product, such as a printed piece of paper, voucher, ticket, rebate, rebate offer, check, credit, token, code, password, or anything labeled “coupon” or “coupon offer.”
“Department” means the Administrative ServicesFinance Department. “Drug paraphernalia” shall have the definition set forth in California Health and Safety Code Section 11014.5, as that section may be amended from time to time. “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine.

Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. “Electronic cigarette” means “a device that can provide an inhalable dose of nicotine by delivering a vaporized solution” as defined in California Health and Safety Code Section 119405(b), as that section may be amended from time to time, or any device designed to vaporize a liquid solution that releases flavored vapor. “Electronic cigarette paraphernalia” means any device designed to provide an inhalable dose of nicotine or a flavored liquid solution through vaporization, nicotine-based or flavored solution-based cartridges for use with electronic cigarettes, and any other item designed for the vaporization, preparation, storing, or consumption of electronic cigarette products. “Electronic cigarette product” means any substance containing nicotine or a flavored liquid solution for vaporization, including any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. “Flavored Tobacco Product” means any tobacco product that imparts:

1. a taste or odor distinguishable by an ordinary consumer, other than the taste or odor of tobacco, either prior to or during the consumption of such tobacco product, City Council/RSA Agenda 87 Tuesday, January 23, 2024
including but not limited to tastes or odors relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, menthol, herb, or spice; or

2. a heating, cooling, or numbing sensation distinguishable by an ordinary consumer during the consumption of such tobacco product.
“License” means a tobacco retailer’s license as defined below. “Licensee” means a tobacco retailer with a tobacco retailer’s license. “Manufacturer” means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States. “Nominal cost” means the cost of any item that is transferred from one person to another for less than the total of: (1) twenty-five percent of the full retail value of the item exclusive of taxes and fees; plus (2) all taxes and fees previously paid and all taxes and fees still due on the item at the time of transfer.
“Nonsale distribution” means to give, within the jurisdictional limits of the City, a tobacco product or coupon at no cost or at nominal cost to a person who is not a tobacco seller. “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. “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.
“Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business.
“Public place” means any place within the City, public or private, that is open to the general public regardless of any fee or age requirement, including, for example, bars, restaurants, clubs, stores, stadiums, parks, playgrounds, taxis, and buses. “Retailer” means tobacco retailer as defined herein.
“Self-service display” means the open display or storage of electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.
“Tobacco” means leaves of the tobacco plant dried and prepared for smoking or ingestion.
“Tobacco paraphernalia” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products. “Tobacco product” means tobacco and any substance containing tobacco, including, but not limited to, cigarettes, cigars, cigarillos, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or Formatted: Numbered + Level: 1 + Numbering Style:
1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:

0.53" + Indent at: 0.78"
City Council/RSA Agenda 88 Tuesday, January 23, 2024
formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

1. any product containing, made of, or derived from tobacco or nicotine 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; or

3. any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.
“Tobacco product" does not mean drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
“Tobacco retailer” means any person who sells, offers for sale, or does or offers to exchange for any form of consideration tobacco products. This definition is without regard to the quantity of tobacco products sold, offered for sale, exchanged, or offered for exchange., electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, tobacco products or tobacco paraphernalia.
“Tobacco retailing” shall mean means engaging in the activities of a tobacco retailer. the doing of any of these things. This definition is without regard to the quantity of electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, tobacco products or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. “Tobacco retailer’s license” means the license issued pursuant to Section 5.42.050this chapter that authorizes electronic-cigarette or tobacco retailing at a certain location and by a certain tobacco retailer.

5.42.020 Requirements and prohibitions.

A. Tobacco Retailer License Required. It is unlawful for any person to act as a tobacco retailer in the City without first obtaining and maintaining a valid tobacco retailer’s license pursuant to this chapter for each location at which that activity is to occur. Tobacco retailing without a valid tobacco retailer’s license is a nuisance as a matter of law.

B. Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this chapter for a licensee, or any of the licensee’s agents or employees, to violate any local, State, or Federal law applicable to electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, tobacco products, tobacco paraphernalia, or tobacco retailingthe sale of tobacco products.

C. Display of License. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.

D. Positive Identification Required. No person engaged in tobacco retailing shall sell or transfer a n electronic cigarette, electronic cigarette product, electronic cigarette paraphernalia, tobacco product or tobacco paraphernalia to another person who appears to be under the age of City Council/RSA Agenda 89 Tuesday, January 23, 2024
twenty-seven years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under State law to purchase and possess the electronic cigarette, electronic cigarette product, electronic cigarette paraphernalia, tobacco product or tobacco paraphernalia.

E. Minimum Age for Persons Selling Tobacco. Persons employed by a tobacco retailer under this chapter that sell tobacco products must be at least the minimum legal sales age established by state law. No person who is younger than the minimum age established by State law for the purchase or possession of electronic cigarette products or tobacco products shall engage in tobacco retailing.

F. Self-Service Displays Prohibited. Tobacco retailing by means of a self-service display is prohibited.

G. False and Misleading Advertising Prohibited. A tobacco retailer or proprietor without a valid tobacco retailer license, including, for example, a person whose license has been revoked:

1. Shall keep all electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, tobacco products and tobacco paraphernalia out of public view. The public display of electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, tobacco products or tobacco paraphernalia in violation of this provision shall constitute tobacco retailing without a license; and

2. Shall not display any advertisement relating to electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products from the tobacco retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location.

H. Signage Violations. It is a violation of this chapter for any licensee to violate any local, State, or Federal law regulating exterior, storefront, window, or door signage.

I. Drug Paraphernalia. It is a violation of this chapter for any licensee or any of the licensee’s agents or employees, to violate any local, State, or Federal law regulating controlled substances or drug paraphernalia.

J. Nonsale Distribution of Tobacco Products Prohibited.

1. No tobacco retailer nor any agent or employee of a tobacco retailer shall engage in the nonsale distribution of any electronic cigarette, electronic cigarette paraphernalia, electronic cigarette product, tobacco product or coupon in any public place.

2. No person, motivated by an economic or a business purpose, shall knowingly permit the nonsale distribution of any electronic cigarette, electronic cigarette paraphernalia, electronic cigarette product, tobacco product or coupon: (a) anywhere in any public place under the legal or de facto control of the person; or (b) through any agent or employee of the person.

This provision shall not apply to coupons incidentally distributed in connection with a printed or electronic publication, such as, for example, magazines, newspapers, and websites, so long as that person’s distribution of a publication containing coupons is not primarily motivated by an economic or a business purpose to distribute coupons.

3. No tobacco retailer may honor or redeem, or offer to honor or redeem, a coupon to allow a consumer to purchase a tobacco product for less than the full retail price.

K. Minimum Pack Size for Cigars.

1. Notwithstanding any other provision of this chapter, no tobacco retailer shall sell, offer for sale, or exchange for any form of consideration:
a. Any single cigar, whether or not packaged for individual sale; City Council/RSA Agenda 90 Tuesday, January 23, 2024
b. Any number of cigars fewer than the number contained in the manufacturer’s original consumer packaging designed for retail sale to a consumer; or c. Any package of cigars containing fewer than tenfive cigars. d. Cigars at a price of less than fifteen dollars per package of ten cigars, including all applicable taxes and fees.

2. This subsection does not apply to the sale or offer for sale of a single cigar for which the retail price exceeds either eightfive dollars, including all applicable taxes and fees.

This or the dollar amount may be increased annually by the Consumer Price Index, as determined by the City Council and adopted by resolution of the City Council and adjusted from time to time, whichever is higher. The public shall be given notice of any such resolution in the manner notice is given of ordinances of the City.

3. This subsection shall apply to cigars, cigarillos and any other cigar product regardless of the terminology used for the product.

L. Sale of Electronic Smoking Devices. No person may sell or possess with the intent to sell any electronic smoking device within the city.

M. Flavored Tobacco Products. It shall be unlawful for any tobacco retailer to sell any flavored tobacco product.

1. Presumptive flavored tobacco product. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product is a flavored tobacco product. Any communication by or on behalf of the manufacturer or retailer of a tobacco product that such tobacco product imparts a taste or odor other than the taste or odor of tobacco, or that imparts a heating, cooling, or numbing sensation, constitutes presumptive evidence that the tobacco product is a flavored tobacco product. This includes but is not limited to public statements that a product is flavored, such as describing the product as “chill,” “ice,” “fresh,” “arctic,” “sweet,” “spicy,” or “frost.”

5.42.030 Limits on eligibility for a tobacco retailer license.

A. No license shall be issued to authorize tobacco retailing at other than a fixed location.

B. No license shall be issued to authorize tobacco retailing at a location where electronic cigarettes, electronic cigarette paraphernalia, electronic cigarette products or tobacco products are prohibited from being distributed pursuant to Title 18.

C. No license shall be issued to a location or a tobacco retailer where prohibited pursuant to Section 5.42.110.

D. Proximity to other tobacco retailers. No license may issue, and no existing license may be renewed, to authorize tobacco retailing within 500 feet of a tobacco retailer location already licensed pursuant to this chapter 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 licensee’s business is located. This restriction does not apply to an applicant who has been licensed to sell tobacco products as of March 1, 2024.

E. Pharmacies. No license may issue, and no existing license may be renewed, to authorize tobacco retailing in a pharmacy.

City Council/RSA Agenda 91 Tuesday, January 23, 2024

5.42.040 Application procedure.

A. Application for a tobacco retailer’s license shall be submitted in the name of each proprietor proposing to conduct tobacco retailing and shall be signed by each proprietor or an authorized agent thereof.

It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer’s license. No proprietor may rely on the issuance of a license as a determination by the City that the proprietor has complied with all laws applicable to tobacco retailing. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to Section 5.42.110(D) of this chapter. Nothing in this chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer’s license any status or right to act as a tobacco retailer in contravention of any provision of law.

All applications shall be submitted on a form supplied by the Department and shall contain the following information:

1. The name, address, and telephone number of each proprietor of the business seeking a license;

2. The business name, address, and telephone number of the single fixed location for which a license is sought;

3. A single name and mailing address authorized by each proprietor to receive all communications and notices (the “authorized address”) required by, authorized by, or convenient to the enforcement of this chapter. If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subsection (A)(2);

4. Proof that the location for which a tobacco retailer’s license is sought has been issued a valid state tobacco retailer’s license by the California Board of EqualizationDepartment of Tax and Fee Administration;

5. Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this chapter and, if so, the dates and locations of all such violations within the previous five years;

6. A statement signed by each proprietor that no drug paraphernalia is or will be sold at the location for which the license is sought;

7. Such other information as the Department deems necessary for the administration or enforcement of this chapter as specified on the application form required by this section.

B. A licensed tobacco retailer shall inform the Department in writing of any change in the information submitted on an application for a tobacco retailer’s license within ten business days of a change.

C. All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code Section 6250 et seq.) or any other applicable law, subject to the laws’ exemptions.

5.42.050 Issuance of license.

Upon the receipt of a complete application for a tobacco retailer’s license and the license fee required by this chapter, the Administrator shall issue a license unless substantial evidence demonstrates that one or more of the following bases for denial exists:

A. The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this chapter; City Council/RSA Agenda 92 Tuesday, January 23, 2024
B. The application seeks authorization for tobacco retailing at a location for which this chapter prohibits issuance of tobacco retailer licenses. However, this subsection shall not constitute a basis for denial of a license if the applicant provides the City with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an arm’s length transaction; C. The application seeks authorization for tobacco retailing for a proprietor or location for which this chapter prohibits a license to be issued, including the provisions of Section 5.42.110;
D. The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter (e.g., mobile vending), that is unlawful pursuant to this Code or that is unlawful pursuant to any other law;
E. The location for which a tobacco retailer’s license is sought lacks a valid state tobacco retailer’s license by the California Department of Tax and Fee AdministrationBoard of Equalization.

5.42.060 License renewal and expiration.

A. Term and Renewal of License. A tobacco retailer’s license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is one year. Each tobacco retailer shall apply for the renewal of his or her tobacco retailer’s license and submit the license fee no later than thirty days prior to expiration of the term.

B. Expiration of License. A tobacco retailer’s license that is not timely renewed shall expire at the end of its term. To renew a license not timely renewed pursuant to subsection A, the proprietor must:

1. Submit the license fee and application renewal form; and

2. Submit a signed affidavit affirming that the proprietor:
a. Has not sold and will not sell any electronic cigarette, electronic cigarette product, electronic cigarette paraphernalia, tobacco product or tobacco paraphernalia after the license expiration date and before the license is renewed; or b. Has waited the appropriate ineligibility period established for tobacco retailing without a license, as set forth in Section 5.42.110(A) of this chapter, before seeking renewal of the license.

5.42.070 Licenses nontransferable.

A. A tobacco retailer’s license may not be transferred from one person to another or from one location to another. A new tobacco retailer’s license is required whenever a tobacco retailing location has a change in proprietor(s).

B. Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless:

1. The location has been fully transferred to a new proprietor or fully transferred to entirely new proprietors; and

2. The new proprietor(s) provide the City with clear and convincing evidence that the new proprietor(s) have acquired or is acquiring the location in an arm’s length transaction.

5.42.080 License conveys a limited, conditional privilege.

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Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer’s license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the City identified on the face of the permit. For example, nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this Code, or any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code Section 6404.5. For example, obtaining a tobacco retailer license does not make the retailer a “retail or wholesale tobacco shop” for the purposes of California Labor Code Section 6404.5.

5.42.090 Fee for license.

The fee to issue or to renew a tobacco retailer’s license shall be established from time to time by resolution of the City Council and shall be included within the City’s Master Fee Schedule. The fee shall be calculated so as to recover the cost of administration and enforcement of this chapter, including, for example, issuing a license, administering this chapter, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law.

5.42.100 Compliance monitoring.

A. Compliance with this chapter shall be monitored by the Police Department. The City may designate any number of additional persons to monitor compliance with this chapter.

B. Compliance checks shall be conducted so as to allow the Police Department to determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with laws regulating youth access to electronic cigarettes, electronic cigarette paraphernalia, electronic cigarette products or tobacco products. When the Police Department deems appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco retailing.

C. The City shall not enforce any law establishing a minimum age for electronic cigarette, electronic cigarette paraphernalia, electronic cigarette product or tobacco product purchases or possession against a person who otherwise might be in violation of such law because of the person’s age (hereinafter “youth decoy”) if the potential violation occurs when:

1. The youth decoy is participating in a compliance check supervised by a peace officer or a code enforcement official of the City;

2. The youth decoy is acting as an agent of a person designated by the City to monitor compliance with this chapter; or

3. The youth decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the Alameda County Public Health Department or the California Department of Health Services.

5.42.110 Violations Suspension and revocation of license.

A. Violations. Suspension or revocation of tobacco retailer license for violation. In addition to any other penalty authorized by law, a Tobacco Retailer License shall be suspended or revoked if the Department finds or a court of competent jurisdiction determines, after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the City Council/RSA Agenda 94 Tuesday, January 23, 2024
licensee's agents or employees, has violated any provision of this Chapter.If the Administrator has reasonable cause to believe a violation of this chapter exists, or if any court of competent jurisdiction determines the same, the Administrator may issue a notice of violation and begin the revocation process as follows:

1. Upon a finding of a first violation of this Chapter at a location within any 5 year period, the License shall be suspended for 30 days.First Violation. After a first violation of this chapter at a location within any sixty-month period, the Administrator shall:
a. Issue a written warning to the licensee, which includes: the facts supporting the finding of a violation, the penalties for further violations of this chapter, and provides thirty days within which the licensee may cure the violation and advise employees of applicable regulations or contact the Administrator to challenge the finding of a violation. b. If the licensee contacts the Administrator to challenge the finding of a violation, the Administrator shall provide written notice of a hearing, not less than five business days after the notice, at which the tobacco retailer may show cause, at a time and place specified in the notice, why a violation does not exist. Should the tobacco retailer fail to present evidence at such hearing establishing, in the reasonable determination of the Administrator, that a violation does not exist, the Administrator shall provide written notice to the tobacco retailer that the notice of violation is upheld.

2. Upon a finding of a second violation of this Chapter at a location within any 5 year period, the License shall be suspended for 90 days.Second Violation. After a second violation of this chapter at a location within any sixty-month period, the license shall be revoked and no new license shall be issued for the location or the tobacco retailer until thirty days have passed from the date of revocation.

3. Upon a finding of a third violation of this Chapter at a location within any 5 year period, the License shall be suspended for 1 year.Third Violation. After a third violation of this chapter at a location within any sixty-month period, the license shall be revoked and no new license shall be issued for the location or the tobacco retailer until ninety days have passed from the date of revocation.

4. Upon a finding of four or more violations of this Chapter at a location within any 5 year period, the License shall be revoked with no new license issued for a five year period.Fourth Violation and Additional Violations. After four or more violations of this chapter at a location within any sixty-month period, the license shall be revoked and no new license may issue for the location or tobacco retailer until five years have passed from the date of revocation.

B. Revocation Procedures. If the licensee contacts the Administrator to challenge the finding of a violation, the Administrator shall provide written notice of a hearing, not less than five business days after the notice, at which the tobacco retailer may show cause, at a time and place specified in the notice, why a violation does not exist. Should the tobacco retailer fail to present evidence at such hearing establishing, in the reasonable determination of the Administrator, that a violation does not exist, the Administrator shall provide written notice to the tobacco retailer that the notice of violation is upheld. If a license is subject to revocation, the Administrator shall provide written notice of revocation along with the reasons for revocation, facts suggesting violation, the penalties for violation, and ability to appeal pursuant to subsection C. Within five days of the mailing of notice of revocation, the tobacco retailer shall cease the operation of the business for which the license was issued.

C. Appeal of Revocation. A decision of the Administrator to revoke a license is appealable to the City Manager and must be filed with the City Clerk within ten days of mailing City Council/RSA Agenda 95 Tuesday, January 23, 2024
of the Administrator’s notice of revocation. If such an appeal is made, it shall stay enforcement of the appealed action. An appeal to the City Manager is not available for a revocation made pursuant to subsection D. The date, time, and place of appeal hearings shall be provided in writing to the tobacco retailer with at least ten days’ notice and copies of hearing rules. If the tobacco retailer fails to present evidence establishing that tobacco retailer is entitled to retain the license, the City Manager shall uphold the revocation and give written notice to the tobacco retailer. Within five days of the mailing of the notice of upheld revocation, the tobacco retailer shall cease operation of the business for which the license was issued.

D. Revocation of License Wrongly Issued. A tobacco retailer’s license shall be revoked if the Administrator finds, after the licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a license under Section 5.42.050 existed at the time application was made or at any time before the license issued. The decision by the Administrator shall be the final decision of the City. Such a revocation shall be without prejudice to the filing of a new license application.

5.42.120 Enforcement.

A. Criminal Prosecution. Each incident of violation of this chapter is a misdemeanor. The Department may impose administrative penalties as follows:

1. For a first violation of this Chapter within any 5 year period, two hundred fifty dollars ($250);

2. For a second violation of this Chapter within any 5 year period, five hundred dollars ($500); and

3. For a third or subsequent violation of this Chapter within any 5 year period, one thousand dollars ($1,000).n infraction subject to a one hundred dollar fine or otherwise punishable pursuant to Section 1.16.030 of this Code. Other violations of this chapter may, in the discretion of the City Prosecutor, be prosecuted as infractions or misdemeanors when the interests of justice so require. Enforcement of this chapter shall be the responsibility of the Police Chief or designee. In addition, any peace officer or code enforcement official also may enforce this chapter.

B. Civil Enforcement by the City.

1. Fines. Violations of this chapter are subject to a civil action brought by the City of Union City, punishable by a civil fine not less than two hundred fifty dollars and not exceeding one thousand dollars per violation.

2. Injunctions, Nuisance Abatement, and Code Enforcement. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City Attorney including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. Where the City pursues a civil action to remedy a violation of this chapter, the prevailing party shall be entitled to recovery of attorneys fees if the City elects, at the beginning of that action, to seek recovery of its own attorneys’ fees pursuant to Government Code Section 38773.5 as currently drafted or as amended.

C. General Provisions.

1. Cumulative Remedies. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

2. Violations. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. A violation exists for City Council/RSA Agenda 96 Tuesday, January 23, 2024
each day on which an electronic cigarette, electronic cigarette product, electronic cigarette paraphernalia,a tobacco product or tobacco paraphernalia is offered for sale in violation of this chapter. A violation also exists for each individual retail electronic cigarette, electronic cigarette product or tobacco product and each individual retail item of electronic cigarette paraphernalia tobacco paraphernalia that is distributed, sold, or offered for sale in violation of this chapter.

3. Nuisances. Violations of this chapter are hereby declared to be public nuisances.

4. No Testimony for Persons Under Eighteen. Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of eighteen years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.

City Council/RSA Agenda 97 Tuesday, January 23, 2024

EXHIBIT A

5.42.010 Definitions.

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
“Administrator” means the Finance Director or designee. “Arm’s length transaction” means a sale or transfer, in good faith and for valuable consideration between two informed and willing parties, as determined by the parties, neither of which is under any compulsion to participate in the transaction. A sale or transfer for which a significant purpose is avoiding the effect of the violations of this chapter is not an arm’s length transaction.
“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. “Department” means the Finance Department.
“Drug paraphernalia” shall have the definition set forth in California Health and Safety Code Section 11014.5, as that section may be amended from time to time. “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine.

Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
“Flavored Tobacco Product” means any tobacco product that imparts:

1. a taste or odor distinguishable by an ordinary consumer, other than the taste or odor of tobacco, either prior to or during the consumption of such tobacco product, including but not limited to tastes or odors relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, menthol, herb, or spice; or

2. a heating, cooling, or numbing sensation distinguishable by an ordinary consumer during the consumption of such tobacco product.
“License” means a tobacco retailer’s license as defined below. “Licensee” means a tobacco retailer with a tobacco retailer’s license. “Manufacturer” means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States. “Nominal cost” means the cost of any item that is transferred from one person to another for less than the total of: (1) twenty-five percent of the full retail value of the item exclusive of taxes and fees; plus (2) all taxes and fees previously paid and all taxes and fees still due on the item at the time of transfer.
“Nonsale distribution” means to give, within the jurisdictional limits of the City, a tobacco product or coupon at no cost or at nominal cost to a person who is not a tobacco seller. “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

City Council/RSA Agenda 98 Tuesday, January 23, 2024
“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.
“Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business.
“Public place” means any place within the City, public or private, that is open to the general public regardless of any fee or age requirement, including, for example, bars, restaurants, clubs, stores, stadiums, parks, playgrounds, taxis, and buses. “Retailer” means tobacco retailer as defined herein.
“Self-service display” means the open display or storage of tobacco products in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display. “Tobacco product” means

1. any product containing, made of, or derived from tobacco or nicotine 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; or

3. any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.
“Tobacco product" does not mean drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
“Tobacco retailer” means any person who sells, offers for sale, or does or offers to exchange for any form of consideration tobacco products. This definition is without regard to the quantity of tobacco products sold, offered for sale, exchanged, or offered for exchange., electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, tobacco products or tobacco paraphernalia.
“Tobacco retailing” means engaging in the activities of a tobacco retailer. . “Tobacco retailer’s license” means the license issued pursuant to this chapter that authorizes tobacco retailing at a certain location and by a certain tobacco retailer.

5.42.020 Requirements and prohibitions.

A. Tobacco Retailer License Required. It is unlawful for any person to act as a tobacco retailer in the City without first obtaining and maintaining a valid tobacco retailer’s license pursuant to this chapter for each location at which that activity is to occur. Tobacco retailing without a valid tobacco retailer’s license is a nuisance as a matter of law.

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B. Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this chapter for a licensee, or any of the licensee’s agents or employees, to violate any local, State, or Federal law applicable to the sale of tobacco products.

C. Display of License. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.

D. Positive Identification Required. No person engaged in tobacco retailing shall sell or transfer a tobacco product to another person who appears to be under the age of twenty-seven years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under State law.

E. Minimum Age for Persons Selling Tobacco. Persons employed by a tobacco retailer under this chapter that sell tobacco products must be at least the minimum legal sales age established by state law.

F. Self-Service Displays Prohibited. Tobacco retailing by means of a self-service display is prohibited.

G. False and Misleading Advertising Prohibited. A tobacco retailer or proprietor without a valid tobacco retailer license, including, for example, a person whose license has been revoked:

1. 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 license; and

2. Shall not display any advertisement relating to tobacco products that promotes the sale or distribution of such products from the tobacco retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location.

H. Signage Violations. It is a violation of this chapter for any licensee to violate any local, State, or Federal law regulating exterior, storefront, window, or door signage.

I. Drug Paraphernalia. It is a violation of this chapter for any licensee or any of the licensee’s agents or employees, to violate any local, State, or Federal law regulating controlled substances or drug paraphernalia.

J. Nonsale Distribution of Tobacco Products Prohibited.

1. No tobacco retailer nor any agent or employee of a tobacco retailer shall engage in the nonsale distribution of any tobacco product or coupon in any public place.

2. No person, motivated by an economic or a business purpose, shall knowingly permit the nonsale distribution of any tobacco product or coupon: (a) anywhere in any public place under the legal or de facto control of the person; or (b) through any agent or employee of the person. This provision shall not apply to coupons incidentally distributed in connection with a printed or electronic publication, such as, for example, magazines, newspapers, and websites, so long as that person’s distribution of a publication containing coupons is not primarily motivated by an economic or a business purpose to distribute coupons.

3. No tobacco retailer may honor or redeem, or offer to honor or redeem, a coupon to allow a consumer to purchase a tobacco product for less than the full retail price.

K. Minimum Pack Size for Cigars.

1. Notwithstanding any other provision of this chapter, no tobacco retailer shall sell, offer for sale, or exchange for any form of consideration:
a. Any single cigar, whether or not packaged for individual sale; b. Any number of cigars fewer than the number contained in the manufacturer’s original consumer packaging designed for retail sale to a consumer; or City Council/RSA Agenda 100 Tuesday, January 23, 2024
c. Any package of cigars containing fewer than ten cigars. d. Cigars at a price of less than fifteen dollars per package of ten cigars, including all applicable taxes and fees.

2. This subsection does not apply to the sale or offer for sale of a single cigar for which the retail price exceeds either eight dollars, including all applicable taxes and fees. This amount may be increased annually by the Consumer Price Index, as determined by the City Council and adopted by resolution.

3. This subsection shall apply to cigars, cigarillos and any other cigar product regardless of the terminology used for the product.

L. Sale of Electronic Smoking Devices. No person may sell or possess with the intent to sell any electronic smoking device within the city.

M. Flavored Tobacco Products. It shall be unlawful for any tobacco retailer to sell any flavored tobacco product.

1. Presumptive flavored tobacco product. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product is a flavored tobacco product. Any communication by or on behalf of the manufacturer or retailer of a tobacco product that such tobacco product imparts a taste or odor other than the taste or odor of tobacco, or that imparts a heating, cooling, or numbing sensation, constitutes presumptive evidence that the tobacco product is a flavored tobacco product. This includes but is not limited to public statements that a product is flavored, such as describing the product as “chill,” “ice,” “fresh,” “arctic,” “sweet,” “spicy,” or “frost.”

5.42.030 Limits on eligibility for a tobacco retailer license.

A. No license shall be issued to authorize tobacco retailing at other than a fixed location.

B. No license shall be issued to authorize tobacco retailing at a location where tobacco products are prohibited from being distributed pursuant to Title 18.

C. No license shall be issued to a location or a tobacco retailer where prohibited pursuant to Section 5.42.110.

D. Proximity to other tobacco retailers. No license may issue, and no existing license may be renewed, to authorize tobacco retailing within 500 feet of a tobacco retailer location already licensed pursuant to this chapter 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 licensee’s business is located. This restriction does not apply to an applicant who has been licensed to sell tobacco products as of March 1, 2024.

E. Pharmacies. No license may issue, and no existing license may be renewed, to authorize tobacco retailing in a pharmacy.

5.42.040 Application procedure.

A. Application for a tobacco retailer’s license shall be submitted in the name of each proprietor proposing to conduct tobacco retailing and shall be signed by each proprietor or an authorized agent thereof.

City Council/RSA Agenda 101 Tuesday, January 23, 2024
It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer’s license. No proprietor may rely on the issuance of a license as a determination by the City that the proprietor has complied with all laws applicable to tobacco retailing. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to Section 5.42.110(D) of this chapter. Nothing in this chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer’s license any status or right to act as a tobacco retailer in contravention of any provision of law.

All applications shall be submitted on a form supplied by the Department and shall contain the following information:

1. The name, address, and telephone number of each proprietor of the business seeking a license;

2. The business name, address, and telephone number of the single fixed location for which a license is sought;

3. A single name and mailing address authorized by each proprietor to receive all communications and notices (the “authorized address”) required by, authorized by, or convenient to the enforcement of this chapter. If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subsection (A)(2);

4. Proof that the location for which a tobacco retailer’s license is sought has been issued a valid state tobacco retailer’s license by the California Department of Tax and Fee Administration;

5. Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this chapter and, if so, the dates and locations of all such violations within the previous five years;

6. A statement signed by each proprietor that no drug paraphernalia is or will be sold at the location for which the license is sought;

7. Such other information as the Department deems necessary for the administration or enforcement of this chapter as specified on the application form required by this section.

B. A licensed tobacco retailer shall inform the Department in writing of any change in the information submitted on an application for a tobacco retailer’s license within ten business days of a change.

C. All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code Section 6250 et seq.) or any other applicable law, subject to the laws’ exemptions.

5.42.050 Issuance of license.

Upon the receipt of a complete application for a tobacco retailer’s license and the license fee required by this chapter, the Administrator shall issue a license unless substantial evidence demonstrates that one or more of the following bases for denial exists:

A. The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this chapter; B. The application seeks authorization for tobacco retailing at a location for which this chapter prohibits issuance of tobacco retailer licenses. However, this subsection shall not constitute a basis for denial of a license if the applicant provides the City with documentation City Council/RSA Agenda 102 Tuesday, January 23, 2024
demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an arm’s length transaction; C. The application seeks authorization for tobacco retailing for a proprietor or location for which this chapter prohibits a license to be issued, including the provisions of Section 5.42.110;
D. The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter (e.g., mobile vending), that is unlawful pursuant to this Code or that is unlawful pursuant to any other law;
E. The location for which a tobacco retailer’s license is sought lacks a valid state tobacco retailer’s license by the California Department of Tax and Fee Administration.

5.42.060 License renewal and expiration.

A. Term and Renewal of License. A tobacco retailer’s license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is one year. Each tobacco retailer shall apply for the renewal of his or her tobacco retailer’s license and submit the license fee no later than thirty days prior to expiration of the term.

B. Expiration of License. A tobacco retailer’s license that is not timely renewed shall expire at the end of its term. To renew a license not timely renewed pursuant to subsection A, the proprietor must:

1. Submit the license fee and application renewal form; and

2. Submit a signed affidavit affirming that the proprietor:
a. Has not sold and will not sell any tobacco product after the license expiration date and before the license is renewed; or
b. Has waited the appropriate ineligibility period established for tobacco retailing without a license, as set forth in Section 5.42.110(A) of this chapter, before seeking renewal of the license.

5.42.070 Licenses nontransferable.

A. A tobacco retailer’s license may not be transferred from one person to another or from one location to another. A new tobacco retailer’s license is required whenever a tobacco retailing location has a change in proprietor(s).

B. Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless:

1. The location has been fully transferred to a new proprietor or fully transferred to entirely new proprietors; and

2. The new proprietor(s) provide the City with clear and convincing evidence that the new proprietor(s) have acquired or is acquiring the location in an arm’s length transaction.

5.42.080 License conveys a limited, conditional privilege.

Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer’s license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the City identified on the face of the permit. For example, nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this Code, or City Council/RSA Agenda 103 Tuesday, January 23, 2024
any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code Section 6404.5. For example, obtaining a tobacco retailer license does not make the retailer a “retail or wholesale tobacco shop” for the purposes of California Labor Code Section 6404.5.

5.42.090 Fee for license.

The fee to issue or to renew a tobacco retailer’s license shall be established from time to time by resolution of the City Council and shall be included within the City’s Master Fee Schedule. The fee shall be calculated so as to recover the cost of administration and enforcement of this chapter, including, for example, issuing a license, administering this chapter, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law.

5.42.100 Compliance monitoring.

A. Compliance with this chapter shall be monitored by the Police Department. The City may designate any number of additional persons to monitor compliance with this chapter.

B. Compliance checks shall be conducted so as to allow the Police Department to determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with laws regulating youth access to tobacco products. When the Police Department deems appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco retailing.

5.42.110 Suspension and revocation of license.

A. Suspension or revocation of tobacco retailer license for violation. In addition to any other penalty authorized by law, a Tobacco Retailer License shall be suspended or revoked if the Department finds or a court of competent jurisdiction determines, after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the licensee's agents or employees, has violated any provision of this Chapter.

1. Upon a finding of a first violation of this Chapter at a location within any 5 year period, the License shall be suspended for 30 days.

2. Upon a finding of a second violation of this Chapter at a location within any 5 year period, the License shall be suspended for 90 days.

3. Upon a finding of a third violation of this Chapter at a location within any 5 year period, the License shall be suspended for 1 year.

4. Upon a finding of four or more violations of this Chapter at a location within any 5 year period, the License shall be revoked with no new license issued for a five year period.

B. Procedures. If the licensee contacts the Administrator to challenge the finding of a violation, the Administrator shall provide written notice of a hearing, not less than five business days after the notice, at which the tobacco retailer may show cause, at a time and place specified in the notice, why a violation does not exist. Should the tobacco retailer fail to present evidence at such hearing establishing, in the reasonable determination of the Administrator, that a violation does not exist, the Administrator shall provide written notice to the tobacco retailer that the notice of violation is upheld. If a license is subject to revocation, the Administrator shall provide written notice of revocation along with the reasons for revocation, facts suggesting City Council/RSA Agenda 104 Tuesday, January 23, 2024
violation, the penalties for violation, and ability to appeal pursuant to subsection C. Within five days of the mailing of notice of revocation, the tobacco retailer shall cease the operation of the business for which the license was issued.

C. Appeal of Revocation. A decision of the Administrator to revoke a license is appealable to the City Manager and must be filed with the City Clerk within ten days of mailing of the Administrator’s notice of revocation. If such an appeal is made, it shall stay enforcement of the appealed action. An appeal to the City Manager is not available for a revocation made pursuant to subsection D. The date, time, and place of appeal hearings shall be provided in writing to the tobacco retailer with at least ten days’ notice and copies of hearing rules. If the tobacco retailer fails to present evidence establishing that tobacco retailer is entitled to retain the license, the City Manager shall uphold the revocation and give written notice to the tobacco retailer. Within five days of the mailing of the notice of upheld revocation, the tobacco retailer shall cease operation of the business for which the license was issued.

D. Revocation of License Wrongly Issued. A tobacco retailer’s license shall be revoked if the Administrator finds, after the licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a license under Section 5.42.050 existed at the time application was made or at any time before the license issued. The decision by the Administrator shall be the final decision of the City. Such a revocation shall be without prejudice to the filing of a new license application.

5.42.120 Enforcement.

A. Each incident of violation of this chapter is a misdemeanor. The Department may impose administrative penalties as follows:

1. For a first violation of this Chapter within any 5 year period, two hundred fifty dollars ($250);

2. For a second violation of this Chapter within any 5 year period, five hundred dollars ($500); and

3. For a third or subsequent violation of this Chapter within any 5 year period, one thousand dollars ($1,000).

B. Civil Enforcement by the City.

1. Fines. Violations of this chapter are subject to a civil action brought by the City of Union City, punishable by a civil fine not less than two hundred fifty dollars and not exceeding one thousand dollars per violation.

2. Injunctions, Nuisance Abatement, and Code Enforcement. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City Attorney including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. Where the City pursues a civil action to remedy a violation of this chapter, the prevailing party shall be entitled to recovery of attorneys fees if the City elects, at the beginning of that action, to seek recovery of its own attorneys’ fees pursuant to Government Code Section 38773.5 as currently drafted or as amended.

C. General Provisions.

1. Cumulative Remedies. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

2. Violations. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. A violation exists for City Council/RSA Agenda 105 Tuesday, January 23, 2024
each day on which a tobacco product is offered for sale in violation of this chapter. A violation also exists for each individual retail tobacco product that is distributed, sold, or offered for sale in violation of this chapter.

3. Nuisances. Violations of this chapter are hereby declared to be public nuisances.

4. No Testimony for Persons Under Eighteen. Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of eighteen years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.

City Council/RSA Agenda 106 Tuesday, January 23, 2024
1 Johanna Ota
From: Blythe Young <[email protected]>
Sent: Tuesday, January 23, 2024 3:13 PM
To: City Clerk
Subject: Public Comment Item 7a.

WARNING: External email. Please verify sender before opening attachments or clicking on links.

Dear City Council and Mayor,

Although I am unable to attend this evening’s meeting, I want to urge you to consider the inclusion of all elements within the desk item and the removal of the criminal penalty for violations of your ordinance. As the Bay Area Community Advocacy Director for the American Heart Association I have spent the last 5 years working to support cities and counties in passing local policies that restrict the sale of all flavored tobacco products without exemption and create sustainable implementation and enforcement measures with actionable penalties for violations. I ask you direct staff to include the desk item elements and bring a comprehensive draft back for a council vote. Alternatively, that you include an amendment prior to implementation of the previously considered elements to ensure retailer education includes all provisions and you can move forward in as linear a fashion as possible (See missing inclusions further down).

You may hear from the tobacco industry tonight that you do not need to codify a local flavored tobacco sales restriction, or that you should match what was passed at the stated with Prop 31/SB 793, however, the Bay Area standard and standard of your County is a comprehensive flavors restriction that covers all flavors all products. My organization helped to support the state law and we understand that concessions were made to achieve the most protection possible for the majority of cities in California who have not acted on this issue. It is important to note that the American Heart Association and other public health experts are still actively working with local jurisdictions to pass what we know to be the most effective and best practice policy of a comprehensive restriction on all products all flavors. In regards to the TRL, I have had the opportunity to meet with several of you to express the need for best practice elements around compliance and enforcement. Below are a few of the missing components and the rationale behind them:

Here are some things not included in the draft ordinance that I urge you to address:
 Remove the Criminal Penalty for any violations
o The only pathway for penalty present in the current draft ordinance would result in misdemeanor.

The American Heart Association cannot support a policy that includes a Mandatory Criminal Penalty – please consider lowering your fine amount to $500 which would avoid any criminal charges. Penalties should be civil/administrative and not criminal.  A minimum of one annual compliance check with a mandatory re-check upon violation o Without codifying an annual compliance check violations will not be caught and the penalty structure of the TRL will not be implemented. The new Bay Area standard for compliance monitoring is 2 annual inspections, we respectfully ask that you include a minimum of one check.

These checks can and should be funded through the license fee to make the inspections cost neutral to the City.
 A statement that makes it explicit that any monetary penalty shall be levied on the licensee instead of the clerk
o By stating that any action of an employee shall be considered an act of the licensee/tobacco retailer there is accountability of the retailer in training employees on the regulations listed within City Council/RSA Agenda 107 Tuesday, January 23, 2024
2 the ordinance and protection for minimum wage earning clerks receiving the monetary penalty for a violation of the license that the licensee signed. This is an equity concern.  An anti-Purchase Use Possession statement that explicitly states youth will not be penalized for the purchase, use or possession of tobacco products
o Although it may seem implied, it is best practice for equity concerns to include a statement that defines the nature of enforcement of this ordinance. The enforcement should be on the retailer, not the purchaser.

I am available if you have any questions or concerns about these elements or other pieces of your policy. Please act to codify the strongest possible policy with adequate codified measures for compliance to ensure successful implementation.

Thank you,
Blythe
Blythe Young (she/her)
Community Advocacy Director
American Heart Association
1111 Broadway Ste 1360 | Oakland | CA | 94607
707.834.4399
City Council/RSA Agenda 108 Tuesday, January 23, 2024
1 Johanna Ota
From: Jasmid Enciso <[email protected]>
Sent: Monday, January 22, 2024 2:46 PM
To: City Clerk
Subject: City Council Public Comment
Attachments: ALVARADO 76.pdf
WARNING: External email. Please verify sender before opening attachments or clicking on links.

Hello,
On behalf of Alvarado 76 we would like to submit this public testimony on item number 7a -Further Review Text Amendments Related To Potential Ordinance Amending Union City Municipal Code Chapter 5.42 “Tobacco Retailers” and Provide Direction.

Best regards,
Jasmid
--
10808 Foothill Blvd. Ste. 160-516
Rancho Cucamonga, CA 91730
Tel: 626.533.5363
www.RCGcommunications.com
City Council/RSA Agenda 109 Tuesday, January 23, 2024
January 19, 2024
Union City
City Council
34009 Alvarado-Niles Road
Union City, CA 94587
Dear Mayor Dutra-Vernaci and Esteemed City Council Members, I trust this message finds you in good health. I am Amit Barn, proud owner of Alvarado 76, a longstanding establishment in Union City. As both a business owner and committed community member, I write to you to vehemently oppose the proposed changes in our city's Tobacco Retail Licensing program. We diligently adhere to responsible business practices at Alvarado 76, playing a crucial role in providing essential services to our local community. However, the proposed Tobacco Retail Licensing program jeopardizes our ability to continue serving our valued patrons, impacting not just our business but also the livelihoods of those who depend on us. While we acknowledge the valid concern about youth vape use, it's crucial to note that flavors are already banned in California. Thus, we question the legitimacy of banning all electronic devices. The real issue lies with illegal one-time-use vapes that are flooding in from China, warranting targeted measures rather than a sweeping ban. Additionally, it's imperative to highlight that the implementation of the flavor ban was intended to be accompanied by educational programs funded by the Tobacco Tax. However, there seems to be a notable absence of these programs aimed at educating the youth about the risks associated with flavored vapes. This raises concerns about the complete realization of intended comprehensive measures. We urge you to explore why these educational initiatives are not fully realized and consider whether additional measures are required to ensure their proper implementation. Your consideration of these crucial points is vital in making informed decisions that impact not only businesses like ours but also the well-being of our community. Thank you for taking the time to consider our concerns. Warm regards, Amit Barn ALVARADO 76
510-471-3639
City Council/RSA Agenda 110 Tuesday, January 23, 2024
1 Johanna Ota
From: Saral Patel <[email protected]>
Sent: Monday, January 22, 2024 1:17 PM
To: City Clerk
Cc: [email protected]
Subject: Re: Public Comment
WARNING: External email. Please verify sender before opening attachments or clicking on links.

Hello again,
Just wanted to clarify my comment pertains to Item #7.a.

Thank you!
On Sun, Jan 21, 2024 at 6:14 PM Saral Patel <[email protected]> wrote:

Hi,
I have been a Union City resident for the past 24 years. I came across the Alameda County Tobacco Control Coalition at the Newark Farmers Market a few months ago. They shared important information with me, regarding tobacco use among young people in our city. I wanted to submit a public comment in support of passing this TRL ordinance "Over the past few years, the use of vapes has increased dramatically among middle and high school students. Vapes are much more effective at getting youth to start smoking than at helping adults quit." I currently work as a Survivor Services Specialist at Bay Area Women Against Rape, a local rape crisis center based in Oakland. We serve youth and adults all over Alameda County. In my professional background, I have come to learn the broader impact of accessible and affordable tobacco products, particularly in communities that may already face vulnerabilities and challenges. It is important to avoid the affordability and accessibility of tobacco products in communities, specifically for young people who might resort to such substances as coping mechanisms.

Thank you for your time!
--
Warmly,
Saral (she/her)
--
Warmly,
Saral (she/her)
City Council/RSA Agenda 111 Tuesday, January 23, 2024
1 Johanna Ota
From: Jasmid Enciso <[email protected]>
Sent: Monday, January 22, 2024 12:57 PM
To: City Clerk
Subject: City Council Public Comment
Attachments: ALVARADO NILES SHELL 1.pdf
WARNING: External email. Please verify sender before opening attachments or clicking on links.

Hello,
On behalf of Alvarado Niles Shell we would like to submit this public testimony on item number 7a -Further Review Text Amendments Related To Potential Ordinance Amending Union City Municipal Code Chapter 5.42 “Tobacco Retailers” and Provide Direction.

Best regards,
Jasmid
--
10808 Foothill Blvd. Ste. 160-516
Rancho Cucamonga, CA 91730
Tel: 626.533.5363
www.RCGcommunications.com
City Council/RSA Agenda 112 Tuesday, January 23, 2024
January 19, 2024
Union City
City Council
34009 Alvarado-Niles Road
Union City, CA 94587
Dear Mayor Dutra-Vernaci and Esteemed Councilmembers,
I extend my warm grettings to you. My name is Subash Grover, and I am the owner of Alvarado Niles Shell, a local retailer here in Union City. I am writing to express my deep concern and opposition to the proposed amendments to our city's Tobacco Retail Licensing program, as it directly impacts the livelihood of businesses like mine. Understanding the gravity of youth vapor use, I want to emphasize that we share this concern. However, a blanket prohibition on all vapor products, as outlined in the proposed ordinance, could have severe repercussions for businesses like mine. The majority of our revenue comes from legally selling tobacco products, including vapor alternatives, to responsible adult consumers.

I urge you to consider a more targeted approach. Instead of a broad ban, let's focus on addressing the root cause – the illicit flavored disposable vapor products that are causing this issue. By permitting PMTA-approved products, similar to the City of Livermore's approach, we can strike a balance between addressing concerns and ensuring the survival of responsible businesses.

I appreciate your time and consideration of the impact these policy changes would have on our local businesses. Sincerely, Subash Grover
Alvarado Niles Shell
510-909-5518
City Council/RSA Agenda 113 Tuesday, January 23, 2024
1 Johanna Ota
From: Jasmid Enciso <[email protected]>
Sent: Monday, January 22, 2024 12:47 PM
To: City Clerk
Subject: City Council Public Comment
Attachments: CHEAPER CIGARETTES.pdf
WARNING: External email. Please verify sender before opening attachments or clicking on links.

Hello,
On behalf of Cheaper Cigarettes we would like to submit this public testimony on item number 7a -Further Review Text Amendments Related To Potential Ordinance Amending Union City Municipal Code Chapter 5.42 “Tobacco Retailers” and Provide Direction.

Best regards,
Jasmid
--
10808 Foothill Blvd. Ste. 160-516
Rancho Cucamonga, CA 91730
Tel: 626.533.5363
www.RCGcommunications.com
City Council/RSA Agenda 114 Tuesday, January 23, 2024
January 19, 2024
Union City
City Council
34009 Alvarado-Niles Road
Union City, CA 94587
Dear Mayor Dutra-Vernaci and Respected Members of the City Council, I trust this message finds you in good health. I am Abdul Wahab, proud owner of Cheaper Cigarettes, an integral part of Union City. As a dedicated community member and business owner, I am reaching out to express my sincere concerns regarding the proposed revisions to our city's Tobacco Retail Licensing program.

It's crucial to consider that the state flavor ban has been in effect for just a year, prompting a critical inquiry into its effectiveness. As we evaluate the impact of such bans, it's essential to question whether a year provides sufficient evidence to deem them successful. We advocate for a thorough examination of long-term outcomes before drawing conclusive judgments. The suggested prohibition of all electroinic devices, mentioned in the last City Council Meeting, not only jeopardizes the sustainability of our business but also places the well- being of our dedicated employees in considerable uncertainty. While recognizing the valid concern about youth vape use, I strongly propose a more nuanced strategy. Rather than opting for a broad ban, let's tackle the underlying problem at its source – the surge of illicit flavored disposable vapor products flooding in from overseas, notably China.

I appreciate your valuable time and thoughtful consideration of the potential impact these policy changes might have on our local businesses. Your decisions profoundly influence the future of our community, and I trust you will navigate this matter with the utmost care. Warm regards, Abdul Wahab Cheaper Cigarettes
510-459-8015
City Council/RSA Agenda 115 Tuesday, January 23, 2024
1 Johanna Ota
From: Jasmid Enciso <[email protected]>
Sent: Friday, January 19, 2024 4:27 PM
To: City Clerk
Subject: City Council Public Comment
Attachments: Bobs Quick Shop Beer And Wine.pdf
WARNING: External email. Please verify sender before opening attachments or clicking on links.

Hello,
On behalf of BOBS QUICK SHOP BEER AND WINE we would like to submit this public testimony on item number 7a - Further Review Text Amendments Related To Potential Ordinance Amending Union City Municipal Code Chapter 5.42 “Tobacco Retailers” and Provide Direction.

Best regards,
Jasmid
--
--
10808 Foothill Blvd. Ste. 160-516
Rancho Cucamonga, CA 91730
Tel: 626.533.5363
www.RCGcommunications.com
City Council/RSA Agenda 116 Tuesday, January 23, 2024
January 19, 2024
Union City
City Council
34009 Alvarado-Niles Road
Union City, CA 94587
Dear Mayor Dutra-Vernaci and Esteemed City Council Members, I hope this message finds you well. I am Rakesh Sethi, the owner of Bobs Quick Shop Beer And Wine. As a dedicated business owner and engaged community member, I'm reaching out to express my heartfelt concerns regarding the proposed revisions to our city's Tobacco Retail Licensing program. During the pandemic, both state and local authorities recognized my business as essential, allowing me to serve the community. However, the current proposal threatens to undermine that support and could potentially force the closure of my business. Recent reports indicate that California banned the sale of flavored e-cigarettes in 2022, yet stores continue to sell them in other cities. This raises questions about the effectiveness of enforcement and allocation of resources. Are there sufficient budgetary provisions in our city to ensure robust enforcement and compliance with the flavor ban and the proposed ban on all electronic smoking devices?
Despite these challenges, sting operations have shown an impressive 97% success rate, highlighting the commitment of local stores to uphold the law and adhere to existing regulations. This success rate speaks to the responsible practices of businesses within our community. At Bobs Quick Shop Beer And Wine, we take pride in providing quality products, including responsibly selling tobacco and vapor alternatives to adults in our community. The proposed ban on vapor products, as outlined in the current proposal, raises serious concerns about the future viability of our business and the welfare of our committed employees. While understanding the shared concern about youth vapor use, I urge a more thoughtful and targeted approach. Rather than implementing a sweeping ban, let's address the root cause – the influx of illicit flavored disposable vapor products, particularly those unlawfully imported from China.

I earnestly seek your support in standing by the local business community and kindly request your consideration to revise the proposed Tobacco Retail Licensing program. Sincerely, Rakesh Sethi Bobs Quick Shop Beer And Wine
510-209-7073
City Council/RSA Agenda 117 Tuesday, January 23, 2024
1 Johanna Ota
From: Jasmid Enciso <[email protected]>
Sent: Friday, January 19, 2024 4:27 PM
To: City Clerk
Subject: City Council Public Comment
Attachments: UC Food & Liquors.pdf
WARNING: External email. Please verify sender before opening attachments or clicking on links.

Hello,
On behalf of UC FOOD & LIQUORS we would like to submit their public testimony on item number 7a -Further Review Text Amendments Related To Potential Ordinance Amending Union City Municipal Code Chapter 5.42 “Tobacco Retailers” and Provide Direction.

Best regards,
Jasmid
--
10808 Foothill Blvd. Ste. 160-516
Rancho Cucamonga, CA 91730
Tel: 626.533.5363
www.RCGcommunications.com
City Council/RSA Agenda 118 Tuesday, January 23, 2024
January 19, 2024
Union City
City Council
34009 Alvarado-Niles Road
Union City, CA 94587
Dear Mayor Dutra-Vernaci and Respected Members of the City Council, I hope this letter finds you well. My name is Pushpinder Sharma, and I am the owner of UC Food & Liquors, a cornerstone in Union City. As both a business owner and a devoted member of this community, I write to you today with heartfelt concerns regarding the proposed revisions to our city's Tobacco Retail Licensing program. At UC Food & Liquors, we take pride in providing quality products to our customers, and a significant portion of our offerings includes responsibly selling tobacco products, including vapor alternatives, to adults in our community. The suggested ban on vapor products, as outlined in the current proposal, raises serious apprehensions about the viability of our business and the well-being of our dedicated employees. While I share the concern about youth vapor use, I believe a more thoughtful approach is necessary. Rather than a sweeping ban, let's address the core issue – the proliferation of illicit flavored disposable vapor products that are illegally coming in from China.

I appreciate your time and consideration of the profound impact these policy changes may have on our local businesses. Your decisions shape the future of our community, and I trust you will navigate this with utmost care. Sincerely, Pushpinder Sharma UC Food & Liquors
510-390-0345
City Council/RSA Agenda 119 Tuesday, January 23, 2024
1 Johanna Ota
From: Dev Patel <[email protected]>
Sent: Thursday, January 18, 2024 12:48 PM
To: City Clerk
Subject: Council Public Comment regulation of tobacco products:

WARNING: External email. Please verify sender before opening attachments or clicking on links.

Hi,
I am nehal patel from 31846 Alvarado Blvd, Union City, CA 94587 phno: 408-616-0130
Oppose a changes to the regulation of tobacco products:
 Addressing the youth vaping epidemic should not lead a local government to overextend and prohibit the sale of all electronic smoking devices.
 Banning the sale of all electronic smoking devices will shift sales from law-abiding retailers in a regulated environment to an illicit market.
 Local retailers strictly follow all tobacco regulations and check ID's to verify age. Retailers do not sell tobacco products to anyone underage because it is already illegal to sell to anyone under the age of

21. The City needs to enforce current regulations and not add unnecessary and burdensome ordinances in an already highly regulated industry.

Kindly consider our request
Thanks
City Council/RSA Agenda 120 Tuesday, January 23, 2024
1 Johanna Ota
From: Dev Patel <[email protected]>
Sent: Thursday, January 18, 2024 12:39 PM
To: City Clerk
Subject: "Council Public Comment Oppose a change to tobacco regulation WARNING: External email. Please verify sender before opening attachments or clicking on links.

Hi, Council
My name is Dev Patel.

Address : 32154 Alvarado Blvd, Union City. CA 94587
phno: 510-471-1117
Oppose changes to the regulation of tobacco products.
 Addressing the youth vaping epidemic should not lead a local government to overextend and prohibit the sale of all electronic smoking devices.
 Banning the sale of all electronic smoking devices will shift sales from law-abiding retailers in a regulated environment to an illicit market.
 Local retailers strictly follow all tobacco regulations and check ID's to verify age. Retailers do not sell tobacco products to anyone underage because it is already illegal to sell to anyone under the age of

21. The City needs to enforce current regulations and not add unnecessary and burdensome ordinances in an already highly regulated industry.

Please consider our request
Thanks
City Council/RSA Agenda 121 Tuesday, January 23, 2024
Item 7a. – Desk Item
City Council Meeting
1/23/2024
Desk Item – Councilmember Patiño
Definitions
(a) “Disposable Vapor Product” means any vapor product where the e-liquid and charger are combined in a single unit where such unit is intended to be disposed of once the e-liquid has been depleted.
(b) “E-liquid” means any liquid solution or other material that is depleted as a vapor product is used.
(c) “Vapor Product” means a noncombustible product that employs a mechanical heating element, battery or circuit, regardless of shape or size, that can be used to heat e-liquid, and shall include any separately sold e-liquid. Vapor product does not include any product that is regulated by the United States food and drug administration under Chapter V of the Federal Food, Drug, and Cosmetic Act.

City Council/RSA Agenda 122 Tuesday, January 23, 2024
Item 7a. – Desk Item
City Council Meeting
1/23/2024
Desk Item – Councilmember Patiño
Definitions
(a) “Disposable Vapor Product” means any vapor product where the e-liquid and charger are combined in a single unit where such unit is intended to be disposed of once the e-liquid has been depleted.
(b) “E-liquid” means any liquid solution or other material that is depleted as a vapor product is used.
(c) “Vapor Product” means a noncombustible product that employs a mechanical heating element, battery or circuit, regardless of shape or size, that can be used to heat e-liquid, and shall include any separately sold e-liquid. Vapor product does not include any product that is regulated by the United States food and drug administration under Chapter V of the Federal Food, Drug, and Cosmetic Act.

City Council/RSA Agenda 123 Tuesday, January 23, 2024
1 Johanna Ota
From: Scott Sakakihara
Sent: Tuesday, January 23, 2024 4:35 PM
To: Joan Malloy; Kristopher Kokotaylo; City Clerk
Subject: RE: Proposed Changes to the Tobacco Retail License Ordinance Mayor and Councilmembers,
At our last meeƟng, we discussed several of the proposals from my previous desk item, incorporaƟng some into our direcƟon to staff and sending the rest (plus the proposal to reduce the penalty structure to avoid classifying violaƟons as misdemeanors) to the LegislaƟon and Policy CommiƩee for further consideraƟon.

Given that the Council is being asked to provide addiƟonal direcƟon on the Tobacco Retail License Ordinance today before a future potenƟal first reading, I would like to propose that we make the following amendments to the ordinance. My raƟonale is that these amendments were not flagged by any councilmember, retailer, or member of the public as needing further discussion.

1. Define compliance:
a. Adopt model language on ID checks: require an ID check for all purchases regardless of age and specify that the minimum legal sales age is 21 or in accordance with state law, whichever is higher b. Add text addressing retailing without a valid license: specify that retailers found to be selling tobacco products without a valid license will be subject to a similar penalty structure as license holders found to be in violaƟon of the ordinance

2. Specify Ɵming:
a. Define exisƟng licensing: for license holders in violaƟon of the 500 foot setback requirement between license holding retailer locaƟons, allow the conƟnuaƟon of licensing for exisƟng retailers that have held their license for at least one year (to avoid an increase in applicaƟons for non-complying retailers before the effecƟve date of the ordinance)

3. Clarify intent: the changes below may not change the legal interpretaƟon of the ordinance, but will help clarify our intent for the reader (the retailer, future city enforcement staff, etc.) and ensure the provisions are applied equitably:
a. Clean up some addiƟonal remaining text that focuses on youth possession or purchase and instead focus on retailer minimum sales requirements
b. Adopt text that clearly excludes clerks and employees from penalƟes, including any mandatory criminal penalƟes
c. Adopt text that clarifies that nothing in the ordinance prevents the provision of tobacco products to any person as part of an indigenous pracƟce or a lawfully recognized religious or spiritual ceremony or pracƟce
d. Adopt text that clarifies that nothing in the ordinance shall be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing e. Confirm with the city aƩorney that a construcƟon and severability clause applies to this ordinance—i.e., that in the unlikely circumstance that there could be liƟgaƟon resulƟng from the ordinance, if one part were to be struck down in liƟgaƟon, the rest of the ordinance would remain in effect f. Clean up some remaining text that lists specific types of tobacco products to instead refer to the ordinance’s global definiƟon of “tobacco product”
I would also propose that we add language defining “cigar”: “Cigar” means any roll of tobacco that is wrapped in tobacco leaf or in any other substance containing tobacco, with or without a Ɵp or mouthpiece. “Cigar” includes but is not limited to, tobacco products known or labeled as cigar, cigarillo, liƩle cigar, bunt, blunt wrap, or cigar wrap.

City Council/RSA Agenda 124 Tuesday, January 23, 2024
2 Thank you for your consideraƟon,
ScoƩ Sakakihara
Council Member, City of Union City
34009 Alvarado-Niles Rd
Union City • CA • 94587
www.unioncity.org
From: Scott Sakakihara
Sent: Tuesday, January 9, 2024 17:19
To: Joan Malloy <[email protected]>; Kristopher Kokotaylo <[email protected]>; City Clerk <[email protected]>
Subject: Proposed Changes to the Tobacco Retail License Ordinance Mayor and Councilmembers,
I support the changes to our current Tobacco Retail License Ordinance outlined in the staff report and accompanying draŌ ordinance text. Based on feedback from organizaƟons including the Alameda County Tobacco Control Program, Public Health Law Center, and Americans for Nonsmokers’ Rights, I would like to propose the following addiƟons to the ordinance.

We did not consider or vote on these changes during our last study session on this topic. While important, I view these changes as less significant than the changes that we previously directed staff to incorporate into the ordinance, and I hope we can agree to direct staff to incorporate these changes into the updated ordinance before its first reading at a future council meeƟng.

1. Extend restricƟons:
a. Prohibit online and delivery sales: adopt a provision to require all sales from license holders to be in person and prohibit licenses from being issued to authorize tobacco retailing at other than a fixed locaƟon or to any moveable place of business
b. Extend the minimum price to packs: extend the minimum price of $8.00 (adjusted for inflaƟon) to cigar and cigareƩe packs, in addiƟon to single cigars (as some cigarillos and the cheapest cigareƩes are someƟmes priced under $8.00)
c. Prohibit redempƟon of tobacco discounts or coupons: prevent retailers from redeeming tobacco discounts or coupons (not just distribuƟng them)
d. Prohibit tobacco sales within 1,000 feet of youth sensiƟve areas: instead of banning tobacco retailers within 1,000 feet of youth sensiƟve areas in the zoning ordinance with exempƟons service staƟons, prohibit license holding retailer locaƟons within 1,000 feet of youth sensiƟve areas in this ordinance, and without exempƟons

2. Define compliance:
a. Adopt model language on ID checks: require an ID check for all purchases regardless of age and specify that the minimum legal sales age is 21 or in accordance with state law, whichever is higher b. Add text addressing retailing without a valid license: specify that retailers found to be selling tobacco products without a valid license will be subject to a similar penalty structure as license holders found to be in violaƟon of the ordinance
c. Define and set minimum standards for compliance checks: establish a minimum number of checks per year, explain the age of young adult decoys, require rechecks for failures, and create a violaƟon if the retailer does not allow inspecƟon

3. Specify Ɵming:

City Council/RSA Agenda 125 Tuesday, January 23, 2024
3 a. Define exisƟng licensing: for license holders in violaƟon of the 500 foot setback requirement between license holding retailer locaƟons or the 1,000 foot setback requirement from youth sensiƟve areas, allow the conƟnuaƟon of licensing for exisƟng retailers that have held their license for at least one year (to avoid an increase in applicaƟons for non-complying retailers before the effecƟve date of the ordinance)
b. Specify the effecƟve date: set the effecƟve date as 60 days aŌer adopƟon of the ordinance, to allow Ɵme for retailers to comply with the new requirements

4. Clarify intent: the changes below may not change the legal interpretaƟon of the ordinance, but will help clarify our intent for the reader (the retailer, future city enforcement staff, etc.) and ensure the provisions are applied equitably:
a. Clean up some addiƟonal remaining text that focuses on youth possession or purchase and instead focus on retailer minimum sales requirements
b. Adopt text that clearly excludes clerks and employees from penalƟes, including any mandatory criminal penalƟes
c. Adopt text that clarifies that nothing in the ordinance prevents the provision of tobacco products to any person as part of an indigenous pracƟce or a lawfully recognized religious or spiritual ceremony or pracƟce
d. Adopt text that clarifies that nothing in the ordinance shall be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing e. Confirm with the city aƩorney that a construcƟon and severability clause applies to this ordinance—i.e., that in the unlikely circumstance that there could be liƟgaƟon resulƟng from the ordinance, if one part were to be struck down in liƟgaƟon, the rest of the ordinance would remain in effect f. Clean up some remaining text that lists specific types of tobacco products to instead refer to the ordinance’s global definiƟon of “tobacco product”
Thank you for your consideraƟon,
ScoƩ Sakakihara
Council Member, City of Union City
34009 Alvarado-Niles Rd
Union City • CA • 94587
www.unioncity.org
City Council/RSA Agenda 126 Tuesday, January 23, 2024
Agenda Item
DATE: 1/23/2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: ADOPT A RESOLUTION 1) AUTHORIZING THE USE OF FEDERAL

HOME PROGRAM FUNDS, ALLOCATED TO UNION CITY THROUGH

THE ALAMEDA COUNTY HOME CONSORTIUM, IN AN AMOUNT UP TO
$554,354, FOR THE IMPLEMENTATION OF THE “PROJECT
RECLAMATION - ALAMEDA COUNTY SCATTERED SITES PROJECT,”
AND 2) AUTHORIZING THE CITY MANAGER, OR THEIR DESIGNEE, TO

EXECUTE AGREEMENTS WITH BAYAREA COMMUNITY SERVICES TO

ACCEPT THE HOME PROGRAM FUND ALLOCATION, TO BE USED IN

CONJUNCTION WITH THE HOMEKEY AWARD, FOR

IMPLEMENTATION OF THE SCATTERED SITES PROJECT AND ANY

NECESSARY AGREEMENTS RELATED TO THE HOME PROGRAM

ALLOCATION OR STATE HOUSING AND COMMUNITY DEVELOPMENT

HOMEKEYAWARD
Staff recommends the City Council adopt the attached resolution (Attachment 1) authorizing the City to utilize its allocation of federal HOME Program funds, in an amount up to $554,354, to implement the “Project Reclamation – Alameda County Scattered Sites Project” (“Project”) and authorize the City Manager, or their designee to enter into any necessary agreements needed for implementation.

The funds will supplement the $9,677,000, awarded to the cities of Union City and Hayward and to Bay Area Community Services (BACS), by the State Homekey Program, for implementation of the Project. The Project consists of purchasing residential properties for use by low-income individuals experiencing homelessness.

Each resident will be assigned a Care Coordinator to assist with building independent living skills. The Project will be owned, operated, and managed by BACS, who is a third-party non-profit organization with experience operating similar facilities. The HOME Program funds will be provided directly to BACS. The funds will go towards the purchase of property(s) or related property rehabilitation, and towards operating subsidies when other funding is exhausted. The attached resolution also authorizes, the City Manager, or their designee, to enter into any necessary agreements with BACS, with HCD related to the Homekey Grant, or with Alameda County for use of the HOME funds.

City Council/RSA Agenda 127 Tuesday, January 23, 2024

STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:

Goal C, Strategy 3: Develop a multi-departmental approach to address homelessness through coordination with staff, community organizations and Alameda County.

BACKGROUND
In 2020, the State of California created the Homekey Program, which provides funding to local agencies and jurisdictions to acquire, rehabilitate, or master lease a variety of housing types, including hotels, motels, and other buildings, for the purpose of providing interim or permanent housing options for persons experiencing homelessness. Since its inception, the program has awarded over $4 billion dollars in grants, which represents the State’s largest investment in housing for the homeless.

A joint application for Homekey Round 3 was submitted in June 2023, which included the City of Hayward, City of Union City and BACS to fund a scattered sites project, which buys and rehabilitates single-family residences or duplexes for use by people experiencing homelessness. The City of Hayward has offered to serve as the lead applicant for the Project and will assume the primary administrative responsibilities of managing the grant in coordination with BACS. The Project budget anticipates acquiring 6 homes, 1 of which would be in Union City.

Under this highly cost-effective model, BACS acquires, owns, operates, and manages small site, scattered, residential properties for low-income individuals experiencing homelessness. Each resident is paired with a Care Coordinator who helps them build independent living skills through job support, benefits assistance, mental health support, financial assistance, job support, group activities, and money management. Residents learn skills by sharing responsibilities for cleaning, paying bills, and running their household. For more information regarding the project and application process to date, see the link to the City Council staff report dated June 13, 2023.
https://unioncity.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=3886&MeetingID=1634 In November 2023, the City was informed that the joint application was awarded $9,677,000 to implement the Project.

DISCUSSION
Staff is recommending the City Council adopt a Resolution authorizing the City to utilize its allocation of HOME Program funds, in an amount up to $554,354, to implement the Project. The City is utilizing its federal HOME funds as matching funds in order to maximize the amount of subsidy received for the project. The funds will be used by BACS for acquisition, rehabilitation of property, or on-going operating subsidies.

In prior years, the City’s HOME funds allocation (approximately $150,000 per year) has been used to support a Tenant Based Rental Assistance Program managed by the City of Fremont’s Health and Human Services Department for low-income households who are at risk of being displaced. The program provides rent subsidies to households over an extended period of time and also requires enrollment in household financial training classes. Due to increased activity by Fremont staff working on short-term COVID related rent relief programs, they did not have as much capacity to work on this program resulting in some unspent funds, which City Council/RSA Agenda 128 Tuesday, January 23, 2024
in conjunction with the last few years HOME allocations, constitutes the City’s match for the Project. Funds will be dispersed directly from Alameda County to BACS.

The Project is geared towards people experiencing homelessness in the localcommunity. Specifically, potential residents must be: (a) single adults experiencing homelessness in Alameda County; (b) Extremely Low Income (0-30% AMI); (c) willing to enter into collaboratively-developed shared housemate agreements; and (d) have completed a Housing Assessment and are enrolled in the Alameda County Coordinated Entry Program.

BACS chooses residents through a coordinated local process within targeted eligibility criteria. For each house, BACS utilizes a honed housemate matching process based on local and national research, technical assistance on shared housing best practices, and BACS’ own research of over more than four decades. The Housemate matching process for shared living requires screening residents not just for their individualeligibility (confirmed homelessness, vulnerability, etc.), but also to identify their lifestyle, schedule, and preferences in housemates and living environments. In coordination with the local Continuum of Care, Alameda County Office of Homeless Care and Coordination, and cities of Hayward and Union City, BACS willcoordinate and manage the matching and referral process for local residents who meet the above criteria.

The City, in partnership with the City of Hayward and BACS, received a conditional award of HOME-ARP funds from Alameda County, which is anticipated to be approximately $500,000. Receipt of the HOME-ARP funds are contingent upon receiving a Homekey Award. The funds will be utilized for operating subsidies for the Project, once the Homekey funds have been exhausted. Staff is also working with Alameda County to assess if the Project is able to access additional HOME-ARP funding that has recently been made available.

The next step in the process is for City staff to work with BACS and the City of Hayward to refine the Project goals, utilize matching funding from Alameda County HOME Consortium to help with the acquisition of properties, and submit a list of properties to State HCD with purchase agreements in place for both jurisdictions to show evidence of site control to State HCD. This process will be managed by BACS and must be completed by February 1, 2024 to gain fullaccess to the Homekey Award.

FISCAL IMPACT
There is no fiscal impact to the General Fund. Project costs, including capital costs for acquisition and rehabilitation of units as wellas on-going operationalcosts, will be covered by the $9,677,000 Homekey Award and $554,354 Home allocation (subject of this staff report). In addition, in partnering with the City of Hayward and BACS, the amount of staff time and resources administering the grant will be reduced as well.

RECOMMENDATION
Staff recommends the City Council adopt the attached resolution (Attachment 1) authorizing the use of federal HOME Program funds, allocated to Union City through the Alameda County Home Consortium, in an amount up to $554,354, for the implementation of the “Project Reclamation- Alameda County Scattered Sites Project” and authorizing the City Manager, or their designee, to execute agreements with BACS to accept the HOME funds allocation to be used in conjunction with the Homekey Award for implementation of the Project and any necessary agreements related to the HOME fund allocation or State Housing and Community Development Homekey Award.

Prepared by:

Francisco Gomez Jr., Housing & Community Development Manager City Council/RSA Agenda 129 Tuesday, January 23, 2024
Submitted by:

Francisco Gomez Jr., Housing & Community Development Manager ATTACHMENTS:

Description Type
Resolution -Approval of Fund Use forAcquisition for Homekey Award
Resolution
City Council/RSA Agenda 130 Tuesday, January 23, 2024
ATTACHMENT 1
RESOLUTION NO. XXXX-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY 1) AUTHORIZING

THE USE OF FEDERAL HOME PROGRAM FUNDS, ALLOCATED TO UNION CITY

THROUGH THE ALAMEDA COUNTY HOME CONSORTIUM, IN AN AMOUNT UP TO $554,354, FOR THE IMPLEMENTATION OF THE “PROJECT RECLAMATION – ALAMEDA COUNTY SCATTERED SITES PROGRAM”, AND 2) AUTHORIZING THE CITY MANAGER,

OR THEIR DESIGNEE, TO EXECUTE AGREEMENTS WITH BAY AREA COMMUNITY

SERVICES TO ACCEPT THE HOME PROGRAM FUND ALLOCATION, TO BE USED IN

CONJUNCTION WITH THE HOMEKEY AWARD, FOR IMPLEMENTATION OF THE

SCATTERED SITES PROJECT AND ANY NECESSARY AGREEMENTS RELATED TO THE

HOME PROGRAM ALLOCATION OR STATE HOUSING AND COMMUNITY DEVELOPMENT

HOMEKEY AWARD
WHEREAS, the Department of Housing and Community Development issued a Notice of Funding Availability, dated March 29, 2023 for the Homekey Program; and WHEREAS, the City of Union City submitted a joint application for Homekey grant funds for “Project Reclamation – Alameda County Scattered Site Project (“Project”) with the City of Hayward, and Bay Area Community Services (“BACS”), a third-party non-profit organization with extensive experience operating independent living homes in Alameda and Contra Costa County; and
WHEREAS, the Project consists of BACS acquiring, owning, operating, and managing small site, scattered, residential properties for low-income individuals experiencing homelessness. Each resident is paired with a Care Coordinator who helps them build independent living skills through job support, benefits assistance, mental health support, financial assistance, job support, group activities, and money management; and
WHEREAS, the Project received a conditional award in the amount of $9,677,000.

The funds will go towards the purchase of property(s), related property rehabilitation, and/or towards operating subsidies when other funding is exhausted; and WHEREAS, the City of Union City will utilize its allocation of HOME funds in the amount up to $554,354 to support implementation of the Project. The funds will go towards the acquisition of a home in Union City, rehabilitation on the property (if needed), and/or towards the operating subsidy for the property. The Homekey Award and HOME Program funds will be provided directly to BACS; and
WHEREAS, the City staff will work with BACS and City of Hayward to refine program goals, utilize matching funding from Alameda County HOME Consortium to help with the acquisition of properties, and submit a list of properties to State HCD with purchase agreements in place for both jurisdictions to establish evidence of site control as part of the implementation of the Homekey program.

NOW, THEREFORE, BE IT IS RESOLVED that the City Council of the City of Union City authorizes the following:

City Council/RSA Agenda 131 Tuesday, January 23, 2024
XXXX-24

1. Use of Federal HOME Program funds, allocated to Union City through the Alameda County Home Consortium, in an amount up to $554,354, for implementation of the “Project Reclamation- Alameda County Scattered Sites Program”; and

2. Authorizing the City Manager, or their designee, to execute agreements with BACS to accept the HOME fund allocation in an amount not to exceed $554,354 to be used in conjunction with the Homekey Award for implementation of the Project and any necessary agreements related to the HOME Program fund allocation or State Housing and Community Development Homekey Award necessary to implement the Project.

City Council/RSA Agenda 132 Tuesday, January 23, 2024