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Councilmember Testa agreed to take a separate roll call vote on Item's 4 and 5. Mayor Thorne opened the public comments. Mike Roesbery expressed his support for Item No. 04 and encouraged City Council to allow him to continue operating his business through grandfathering similarly to neighboring cities such as Livermore and Dublin. Kelly Mokashi expressed her support of Item 4 and encouraged the City Council to take careful care and think about the minimum price and package size of tobacco products, so it becomes unattractive to youth. She thanked City Council for working with the Youth Commission on the item. Rosalyn Moya, Alameda County Tobacco Control Coalition, expressed her support for Item No. 05 and noted Livermore and Hayward are also not giving into exemptions. Brad Hirst, representing Mike Roesbery, expressed his support of City Council's previous actions on Item 5 and asks they reaffirm their previous action. Mayor Thorne closed public comments. City Manager 1. Approved modifications to the City's Housing Rehabilitation Program Community Development 2. Actions of the Zoning Administrator and Planning Commission 3. Approved and authorized City Manager to execute third amendment to the agreement with Mark Thomas and Company in the amount of $18,344 to complete agreements and deeds to finalize the Right of Way transfer to Caltrans for the I-680/Stoneridge Drive Interchange Project, CIP No. 16506; allocated $18,344 from the Traffic Impact Fee Fund to CIP No. 16506 4. Adopted and waived second reading of Ordinance No. 2208 amending Municipal Code Chapter 9.32 and Title 18 to restrict the sale of flavored tobacco products, electronic smoking devices and related paraphernalia citywide; limit new tobacco sales within 1,000 feet of public schools, parks and recreation facilities; adopt minimum package sizes and pricing for tobacco products Councilmember Testa referenced a letter addressed to the City Council from Breathe California in which they express concerns with tobacco retailer grandfathering and license transferability. She will be asking for an annual compliance report during Matters Initiated and asked for Council support. Councilmember Brown thanked Mr. Roesbery for being in compliance and doing everything to discourage youth from using products. She does not oppose grandfathering in Mr. Roesbery's business but is concerned with having the location permanently near the high school. She would ask any retailer selling only tobacco products to move out of the 1,000 foot radius. MOTION: It was m/s by Pentin/Narum to adopt and waive the second reading of Ordinance No. 2208 amending Municipal Code Chapter 9.32 and Title 18 to restrict the sale of flavored tobacco products, electronic smoking devices and related paraphernalia citywide; limit new tobacco sales within 1,000 feet of public schools, parks and recreation facilities; adopt minimum package sizes and pricing for tobacco products. Motion passed by the following vote: City Council Minutes Page 2 of 14 August 18. 2020