Oct 08, 2019 City Council Meeting 3pm

CITY CLERK POSTED ORDERS OF ADJOURNMENT OF THE SEPTEMBER 24TH, 2019 MEETING AND THE AGENDA OF THE OCTOBER 8TH, 2019 MEETING IN ACCORDANCE WITH STATE LAW COUNCIL AND HOUSING AUTHORITY POLICY.

THE

[ POSTINGS: The City Clerk posted Orders of Adjournment of the September 24, 2019, Meetings and the Agenda of the October 8, 2019, Meetings in accordance to State Law and Council/Authority/Successor Agency to the Redevelopment Agency Policy.]

[ PRESENTATIONS: Presentation: KaBOOM! Refresh Grant at Wells Park Proclamation: National Planning Month ]

WE HAVE A COUPLE ITEMS TODAY ON PRESENTATIONS FOR THE FIRST PRESENTATION.

I'D LIKE TO INVITE DIRECTOR OF RECREATION, FRANK CARSON TO THE PODIUM TO SHARE WITH US A LITTLE BIT ABOUT THE KABOOM AT WELLS PARK HIGH FREIGHTER.

GOOD AFTERNOON MAYOR AND COUNCIL.

I WANT TO DO A BRIEF PRESENTATION ABOUT A REFRESH GRANT WE GOT AT WELLS PARK.

UH, KABOOM OFFERS THESE GRANTS ON AN ANNUAL BASIS AND WITH THE ENCOURAGEMENT OF A FEW OF OUR COUNCIL MEMBERS, WE APPLIED FOR THIS REFRESH GRANT.

UH, IF YOU REMEMBER FROM MEMORY, UH, WE HAD A KABOOM PLAYGROUND BUILD AND BEAUTIFICATION PROJECT AT WELLS PARK IN JUNE OF 2014.

UH, FROM THERE WE PUT IN A 6,000 SQUARE FOOT PLAYGROUND, A LOT OF SIDEWALK ART AND OTHER FUN GAMES FOR YOUTH TO PLAY IN OF THE NATIONAL NONPROFIT THAT ORGANIZES, THIS IS KABOOM.

AND THE FUNDING PARTNER FOR THIS IS FORESTERS AND THE SEPTEMBER COUNCIL MEETING, UH, YOU APPROVED A GRANT FROM KABOOM.

IT'S A $10,000 GRANT.

AND WHAT WE'LL BE DOING IS ON THIS COMING SATURDAY AT WELLS PARK, WE'LL HAVE ABOUT 50 VOLUNTEERS.

ABOUT 30 OF THOSE WILL BE FROM FORESTERS FINANCIAL AND THE, SO THE, THE FUNDS GO DIRECTLY TOWARD ART PROJECTS IN THE PARK, NEW BENCHES, NEW RECYCLE BINS, NEW PLAY FEATURES.

UH, THEY HAVE SOME NEW JEROME FEATURES THAT WE'LL BE INSTALLING AT THE PARK, A NEW FIBER BAR, WHICH IS ENGINEERED WOOD, FIBER AND WALLS.

WE'LL BE DOING A LOT LARGE PART CLEANUP, UM, AND SOME OTHER ART PROJECTS WITHIN THE PARK.

UH, WE ARE ALREADY FULL WITH OUR VOLUNTEERS.

UH, SO WE'VE, WE'VE BEEN ASKED TO CAP IT AT 50.

UM, SO WE'RE PRETTY EXCITED ABOUT THIS OPPORTUNITY.

IT'S ME FROM 8:00 AM TO 12 NOON THIS SATURDAY.

IF YOU SEE RIGHT HERE, THIS IS ANOTHER PHOTO TAKEN AT THE PARK ON THAT JUNE DAY IN 2014.

UH, THIS WALL IS STILL UP WITH HAND PRINTS OF EVERYBODY THAT CAME AND HELPED VOLUNTEERED AND WE'RE GOING TO ADD TO THAT WALL THIS COMING SATURDAY.

UM, YOU'LL SEE SOME FAMILIAR FACES IN THIS PHOTO.

SO THIS IS FROM FIVE YEARS AGO OR JUST ABOUT FIVE YEARS AGO AT WELLS PARK.

UM, SO WE HAD 300 VOLUNTEERS ON THAT DAY.

WE'LL BE MOVING ABOUT 100 CUBIC YARDS OR SORRY, 30 CUBIC YARDS OF FIBER, OUR MULCH THIS COMING SATURDAY ALONG WITH OTHER BEAUTIFICATION PROJECTS IN THE PARK.

UM, SO HOPEFULLY IT WILL, YOU'LL DRIVE BY SATURDAY AFTERNOON RIGHT AFTERWARD AND YOU'LL SEE SOME GREAT STUFF.

WE JUST WANT TO MAKE SURE THAT YOU AWARE OF IT AS PART OF THE GRANT REQUESTS WE'RE SUPPOSED TO ALSO PRESENT BEFORE YOU WERE HERE AT COUNCIL.

THANKS FOR MUCH.

LET ME SEE ANY QUESTIONS FOR YOU, COUNSEL.

THANKS FRANK.

APPRECIATE IT.

THIS IS A PROCLAMATION FOR NATIONAL PLANNING MONTH.

AND I WOULD LIKE TO INVITE THE DIRECTOR OF QA DEVELOPMENT, TONY SHOOTS OF THE PROTIUM TO PRESENT THE PROCLAMATION.

HI JOHNNY MARION COUNCIL.

PLANNING HELPS MANAGE COMMUNITY CHANGES AND IDENTIFY INFRASTRUCTURE TO BENEFIT TO BENEFIT THE COMMUNITY.

I LIKE TO INTRODUCE THE MEMBERS OF YOUR PLANNING COMMISSION.

THEY WOULDN'T MIND COMING UP HERE AND STANDING NEXT TO ME.

WE HAVE DARREN MOROSE, OUR CHAIR, UH, VERONICA LONGORIA, OUR VICE CHAIR AND TONY.

SO TLA AND TWO MEMBERS OF STAFF IF THEY WERE TO COME ON UP.

UM, MELISSA DIVINE, OUR PLANNING MANAGER, SHE LEAVES THE LEADS, THE PLANNING TEAM AND ALFONSO CAMACHO, WHEREAS THE MONTH OF OCTOBER IS DESIGNATED AS NATIONAL COMMUNITY PLANNING MONTH TO HIGHLIGHT THE CONTRIBUTIONS, SOUND PLANNING AND PLANNING IMPLEMENTATION MAKE TO THE QUALITY OF OUR COMMUNITIES AND ENVIRONMENT.

AND WHEREAS THE NATIONAL COMMUNITY PLANNING MONTH ALSO GIVES US THE OPPORTUNITY TO PUBLICLY RECOGNIZE A PARTICIPATION AND DEDICATION OF CITY OF ALCOHOL PLANNING, COMMISSIONERS, STAFF PLANNERS AND ADMINISTRATIVE SUPPORT STAFF WHO HAVE CONTRIBUTED THEIR TIME AND EXPERTISE TO THE IMPROVEMENT OF THE CITY OF ALCOHOL.

AND WHEREAS

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NOW, THEREFORE, I BILL WELLS, MAYOR OF THE CITY OF OKLAHOMA TOGETHER WITH THE CITY COUNCIL DO HEREBY PROCLAIM THE MONTH OF OCTOBER, 2019 TO BE COMMUNITY PLANNING MONTH IN THE CITY OF OKLAHOMA.

SO I WOULD PLEASE ASK THE COUNCIL AND EVERYBODY TO JOIN IN APPLAUDING THE MANY VALUABLE CONTRIBUTIONS, CONTRIBUTIONS MADE BY THE CITY OF OUTCOME PLANNING COMMISSION AS WELL AS THE STAFF IN CONCERT WITH THE CITY COUNCIL.

THERE'S PERFECT EXAMPLES.

THEY STARTED DURING, YOU WANT TO SAY A WORD OR A, YOU KNOW, JUST A, I APPRECIATE THIS.

I MEAN REALLY A STAFF.

YOU MAKE US LOOK GREAT UP THERE.

UM, YOU'VE ALWAYS DONE YOUR HOMEWORK AND I THINK WE'RE ALL ON THE SAME PAGE WHEN JUST WANTING TO SEE SMART DEVELOPMENT IN OKLAHOMA.

AND I REALLY, I THINK EVERYBODY REALIZED OVER THE LAST 10 YEARS ALL THE HARD WORK THAT EVERYBODY'S DONE.

COUNCIL STAFF, UH, IN BEAUTIFYING THE CITY.

I MEAN, THE MAGNOLIA IS RIGHT OUT THERE.

SO THANK YOU GUYS.

THANK YOU TARA.

AND THANKS TO EVERYBODY WHO WORKS ON THE PLANNING COMMISSION.

IT'S A L A LOT OF WORK.

IT'S A ALMOST NO RECOGNITION, NO PAY.

BUT, UH, WE REALLY APPRECIATE YOUR DEDICATION.

I THINK MOST OF US UP HERE.

WE'RE ON THE PLANNING COMMISSION FOR AT LEAST A PERIOD OF TIME.

[ AGENDA CHANGES:]

THAT BRINGS US TO AGENDA CHANGES.

STAFF, DO YOU HAVE ANY AGENDA CHANGES? MR MAYOR, MEMBERS OF THE COUNCIL WE'D LIKE TO TAKE OFF THE AGENDA.

AGENDA ITEM NUMBER 10, THE ADMINISTRATIVE HEALING, UH, THE APPEAL WITH ANGELO'S TOWING AND RECOVERY.

UH, THAT WILL BE POSTPONED TO THE OCTOBER 22ND MEETING.

THANKS.

APPRECIATE THAT.

STAY ON COUNCIL MEMBERS.

ANY AGENDA CHANGES? NOPE.

THEN I'D LIKE TO MAKE A MOTION TO APPROVE THE AGENDA CHANGE GIVEN TO US BY GRAHAM MOON.

SECOND, PLEASE VOTE.

US TO CONSENT ITEMS. CONSENT ITEMS ARE ROUTINE MATTERS ENACTED BY ONE MOTION ACCORDING TO THE RECOMMENDATION LISTED BELOW WITH THE CONCURRENCE OF THE CITY COUNCIL, A COUNCIL MEMBER OR PERSON IN ATTENDANCE MAY REQUEST.

THAT BRINGS

[7. CONSENT ITEMS: Consent Items are routine matters enacted by one motion according to the RECOMMENDATION listed below. With the concurrence of the City Council, a Council Member or person in attendance may request discussion of a Consent Item at this time.]

DISCUSSION ON THE CONSENT ITEM AT THIS TIME.

COUNCIL MEMBERS, DO YOU WISH TO PULL ANY CONSENT ITEMS? STAFF.

DO YOU WISH TO PONY CONSENT ITEMS? YES, SIR.

ANGELA, DO YOU HAVE ANY SPEAKER CARDS FOR THE CONSENT ITEMS? NO.

CARTER.

THEN I'D LIKE TO MAKE A MOTION TO APPROVE THE CONSENT ITEMS. MOON.

SECOND, PLEASE VOTE.

THAT BRINGS US TO END

[ PUBLIC COMMENT: At this time, any person may address a matter within the jurisdiction of the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency that is not on the Agenda. Comments relating to items on today’s docket are to be taken at the time the item is heard. State law prohibits discussion or action on items not on the Agenda; however, Council, Authority and Agency Members may briefly respond to statements or questions. An item may be placed on a future Agenda.]

THE PUBLIC COMMENT.

AT THIS TIME, ANY PERSON MAY ADDRESS A MATTER WITHIN THE JURISDICTION OF THE CITY COUNCIL HOUSING AUTHORITY OR A SUCCESSOR AGENCY TO THE ALCOHOL REDEVELOPMENT AGENCY THAT IS NOT ON THE AGENDA.

HOWEVER, CITY COUNCIL AND HOUSING AUTHORITY MEMBERS MAY BRIEFLY RESPOND TO STATEMENTS OR QUESTIONS AND ITEM MAY BE PLACED ON A FUTURE AGENDA.

ANGELA, DO WE HAVE ANY CARDS ON A PUBLIC COMMENT? YES SIR.

WE HAVE TWO SPEAKERS.

THE FIRST ONE IS OUR CON .

IT'S BEEN ONE TIME.

THERE'S A LOT OF EMOTIONS HIGH.

GOOD AFTERNOON MR MAYOR, COUNCIL, MEMBERS OF STAFF.

UH, MY NAME IS .

I'M THE PRESIDENT OF THE NEIGHBORHOOD MARKET ASSOCIATION AND I HAVE TO APOLOGIZE.

I CAN'T STAY FOR THE AGENDA.

ITEM FOUR, HE ALLOWED ME TO JUST A COUPLE OF MINUTES TO GIVE YOU MY THOUGHTS.

I HAVE A BOARD MEETING AT THREE 30 AND KIND OF HOPEFULLY WE COME BACK AGAIN AND ADDRESS THIS TOBACCO ISSUE.

SO LET ME START BY SAYING THE MEMBERS OF THE NEIGHBORHOOD MARKET ASSOCIATION IS VERY COMMITTED TO THE SAFE AND THE HEALTHY OF OUR NEIGHBORHOOD AND OUR COMMUNITY.

WE HAVE A GREAT HISTORY WORKING TOGETHER WITH THE CITY OF ALCOHOL PREVENTION GROUP CONCERNED CITIZENS OVER THE YEARS.

AND WE CAME UP WITH GREAT RESULTS.

YOU GUYS REMEMBER WHEN WE TALKED ABOUT WHEN WE ENGAGED WITH THE UH, ALCOHOL DEEM, UH, APPROVED.

WE WORK VERY EFFECTIVELY TOGETHER AND FOR THOSE WHO WERE AROUND WHEN CASA USED TO STAND FOR COMMUNITY AGAINST SUBSTANCE ABUSE, THEY CONTRACTED US THE NEIGHBORHOOD MARKET ASSOCIATION AND WE CREATED A GREAT TOBACCO TRAINING PROGRAM CALLED RESPECT.

AFTER WE IMPLEMENTED SIX MONTHS, THE VIOLATION IN THE CITY OF ALCOHOL AND WIND FROM ALMOST 70% DOWN TO ZERO.

WHAT I'M URGING YOU TODAY, COUNCIL MEMBERS IT TO TABLE THIS ISSUE,

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I KNOW WE REACT THIS KNEE JERK REACTION AND ALL, I'M TRYING TO REMIND YOU THAT LET'S GO BACK TO OUR HISTORY, BRING THE STAKEHOLDERS TOGETHER.

IF IT'S THE COMMUNITY CITIZEN CONCERNS PREVENTION GROUP AND LET'S TALK ABOUT THE ISSUES THAT REALLY ARE IMPORTANT AND HOW CAN WE ADDRESS THEM.

I CAN GIVE YOU ONE THOUGHT THAT KIND OF PUT IN PERSPECTIVE.

PEOPLE ARE UPSET ABOUT VAPING.

I UNDERSTAND THERE IS MAYBE SOMEBODY IS GOING TO PROPOSE BANNING VAPING AND THE CITY OF ALCOHOL.

WHAT I WANT TO ASK IS WHO'S THAT GOING TO ACTUALLY HURT THE COMPANIES WHO MAKE THE BABY? I CAN ASSURE YOU THAT'S NOT GOING TO HURT THEM IN IOWA BECAUSE OF YOU BAN IT IN OKLAHOMA.

EVERYONE WHO'S VAPING TODAY AND ACO IS GOING TO GO TO LA MESA, SPRING VALLEY SAN AND WHAT HAVE YOU.

ARE YOU GOING TO HURT? ARE THE FAMILY BUSINESS OWNERS WHO WE REPRESENT WHO ARE SELLING THE LEGAL PRODUCT? SO INSTEAD OF DOING THAT, WHY DON'T WE COME TO THE TABLE AND FIND OTHER SOLUTION? THAT DIMENSION.

YOU HAVE THE PRESIDENT OF UNITED STATES WHO ALREADY VOICED HIS CONCERN.

HE DOES A LIKE THE FLAVOR AND HE'S TRYING TO DO SOMETHING ON THE FEDERAL LEVEL.

YOU HAVE THE GOVERNOR OF THE STATE OF CALIFORNIA ALSO CONCERN.

SO MAYBE WITHIN 90 DAYS MAYBE THESE LARGER JURISDICTIONS MIGHT ADDRESS SOME OF THESE ISSUES THAT THIS COUNCIL MIGHT NOT NEED TO ADDRESS.

SO I DON'T WANT TO TAKE TOO MUCH OF TIME.

PLEASE TABLE THIS FOR ANOTHER 90 DAYS.

WE ARE MORE THAN WILLING.

GOD KNOWS OUR HISTORY SHOWS THAT WE ARE, WE HAVE A LOT OF GOOD PEOPLE.

HOW DID WORK CAN PEOPLE WHO HAVE INVESTED IN THE CITY OF OKLAHOMA, A FAMILY OWNED BUSINESS IS THAT YOU REALLY DON'T WANT TO JUST KIND OF RUN THROUGH THIS DOWN THEIR THROAT, WHICH IS GONNA RESULT IN THEM LOSING A LOT OF THEIR LIVELIHOOD.

IF YOU HAVE ANY QUESTIONS, LET ME SEE IF THERE'S SOME QUESTIONS.

I DO HAVE A QUESTION.

THE CDC TELLS US THAT UH, TOBACCO SMOKING WILL RESULT IN THE DEATH OF 50% OF SMOKERS.

WE CAUGHT 43 STORES SELLING TO KIDS AND LAST COUPLE OF YEARS.

SO THAT MEANS STATISTICALLY ABOUT 21 OF THOSE KIDS WILL EVENTUALLY DIE FROM THE TOBACCO.

NOW IS THAT TOO MANY DEATHS, NOT ENOUGH DEATHS OR JUST ABOUT THE RIGHT AMOUNT OF DEATHS OF THESE KIDS? UH, MR KENDRICK, THE LABOR MARKET ASSOCIATION AND ME PERSONALLY BELIEVE STRONGLY ONE DEATH IS TOO MANY DEATH FOR THAT MATTER.

WHEN WE STING THEM AND THEY CALL THE OTHER STORES, TELL THEM DON'T SELL TOBACCO TO KIDS TODAY.

I WOULD REALLY APPRECIATE IF YOU'D LET ME FINISH THAT STATEMENT.

OKAY, SO MR KENDRICK RETAILERS WHO ARE VIOLATED THE LAW TODAY, THERE ARE PLENTY OF LOSS IN THE END.

THE BOOK THAT SAYS THEY NEED TO PEE PENALIZED AND THEY THEY, THEY ARE REPEATED OFFENDERS, THEY GET TO BE SUSPENDED AND EVENTUALLY THEY MIGHT EVEN LOSE THEIR LICENSE.

SO THOSE RETAILERS FOR TOBACCO OR ANY OTHER PRODUCT THAT IS NOT SUPPOSED TO COMPLY WITH THE LAW, THERE ARE ALREADY REMEDIES ON THAT.

NOW IF YOU WANT TO HAVE A DISCUSSION IN ADDRESSING THESE REMEDIES AND CHANGE THEM AND MODIFY THEM, WE ARE MORE THAN WILLING TO TO HAVE THAT DISCUSSION.

BUT WE NEED TO REALIZE THAT THE END OF THE DAY WHEN YOU HAVE A CLERK AT THE END OF THE DAY IS A HUMAN ERROR.

THE GOAL IS NOT TO PUT THEM OUT OF BUSINESS, BUT MAKE THEM UNDERSTAND THAT THEY NEED TO DO BE A PART OF THE SOLUTION.

AND THAT'S WHY YOU HAVE THESE PENALTIES.

SO THE WEIGHT YOU'RE SAYING IS THE CLERKS AREN'T RESPONSIBLE ENOUGH TO SELL AN ITEM THAT WILL KILL 50% OF THE BUYERS.

THAT'S NOT WHAT I SAID.

THAT'S THE EFFECT OF IT.

YEAH, I UNDERSTAND THAT.

I, LIKE I SAID, I'M AT THE END OF THE DAY, UM, WE URGE YOU TO WAIT THE 90 DAYS.

UM, LET ME GIVE YOU ONE EXAMPLE.

I JUST WAS OUTSIDE AND SOMEBODY STATED THAT THEY DON'T KNOW ANYONE WHO HAVE QUIT SMOKING BECAUSE OF VAPING.

THAT GOES AGAINST EVERY STUDY THAT HAS BEEN SHOWN THAT ALL A LOT OF PEOPLE WHO ARE MOVING TO VAPING AND THEY HAVE QUIT THE NICOTINE.

MOST OF THE DEATHS THAT I WRITE ABOUT, AND I'M CONCERNED ABOUT EVERY DEATH.

AND BY THE WAY, IN CASE OF THOSE WHO DON'T KNOW, I DON'T SMOKE.

I GET NAUSEATED FROM SECOND HAND SMOKE AND I OWN A RESTAURANT 30 YEARS AGO AND I BAN SMOKING IN MY RESTAURANT WAY BEFORE THE PREVENTION GROUP WAS SUCCESSFUL TO CANVAS OUR LEGISLATORS, BUT THE POINT IS THIS, THERE'S A LOT OF MISINFORMATION AND THAT'S WHY YOU NEED TO TAKE A STEP BACK, TAKE A BREATHER AND LET'S TALK.

WHAT ARE THE ISSUES? WHAT ARE WE TALKING ABOUT? I'LL JUST GIVE YOU A COUPLE OF EXAMPLES.

WHAT YOU'RE TRYING TO DO TODAY IS NOT GOING TO ADDRESS THE ISSUE THAT YOU'RE CONCERNED ABOUT, BUT IT BRING THE STAKEHOLDERS TO THE TABLE, FIND WHAT THEIR ISSUE ARE.

LET'S WORK TOGETHER.

WE HAVE A GREAT HISTORY OF DOING THAT.

WHY STOP NOW? THESE ARE MY THOUGHTS.

THANK YOU, MR MAYOR.

THANK YOU AGAIN.

I APPRECIATE YOUR HELP.

YOU MAKE YOUR NEXT MEETING.

I APPRECIATE IT.

WE RECEIVED AN ADDITIONAL CARDS.

THE NEXT SPEAKER NEXT SPEAKER IS SUHAIL SALVATO.

[00:15:01]

GOOD AFTERNOON GENTLEMEN.

I AM STILL, I AM A CARDIOLOGIST PRACTICING IN EL CAHONE.

I AM VERY PROUD TO BE PRACTICING HERE IN EL CAHONE.

FIVE YEARS AGO I CAME TO THIS COUNCIL EXACTLY ON JULY 22ND, 2014 AND I PRESENTED TO YOU ABOUT THE TOXIC EFFECTS OF E-CIGARETTES AND NICOTINE AND I DID MENTION THAT E-CIGARETTES CONTAIN OTHER ADDITIVES THAT HAVE THEIR OWN TOXICITY, SUCH ADDITIVES INCLUDED NITROSAMINE AND THAT YOUTHFUL IN GLYCOL WHICH CAUSE CANCER AND OUR CASINO CHAINS AND NOW WE CAN SEE THE EFFECTS OF THOSE ADDITIVES IN THE E-CIGARETTE SMOKING.

NOWADAYS WE HAVE AN EPIDEMIC OF NEW SEVERE LUNG DISEASE THAT IS RELATED TO VAPING.

E-CIGARETTES MORE THAN 18 PEOPLE DIED BECAUSE OF VAPING RELATED ACUTE LUNG INJURY THAT REQUIRED THEM TO BE HOSPITALIZED IN THE INTENSIVE CARE UNITS AND 1080 PATIENTS HAVE BEEN HOSPITALIZED WITH SEVERE ACUTE LUNG INJURY.

40% WERE INTUBATED AND WERE IN MECHANICAL VENTILATOR BECAUSE OF THE SEVERE ACUTE LUNG INJURY AT MAYO CLINIC.

THEY FOUND OUT THAT THIS INJURY IS SECONDARY TO THE TOXIC CHEMICAL FUMES COMING FROM THESE VAPING AND CIGARETTES AND VERY RECENT STUDY FROM UNIVERSITY OF CALIFORNIA IN SAN FRANCISCO FOUND SURPRISING RESULTS THAT THE RISK OF HEART ATTACKS IN E-CIGARETTES USER AND VAPING IS TWICE AS COMMON AS THOUGH IN THOSE WHO DON'T VAPE.

I AM A HEART DOCTOR, BUT TRULY I DIDN'T KNOW THAT UNTIL I REVIEWED THE SUBJECT FEW DAYS AGO AND THEY FOUND THAT E-CIGARETTES ALSO DOUBLED THE RISK OF HEART ATTACKS.

SO WE HAVE THE ACUTE LUNG INJURY AND THE HEART ATTACKS AND WHO KNOWS WHAT'S COMING IN THE FUTURE ABOUT THE CANCER.

VAPING SHOULD BE PROHIBITED SPECIALLY WHEN ADDITIVES OF CANNABIS AND OTHER FLAVORS.

I WOULD LIKE TO SHARE A VERY FEW STATISTICS.

11% OF HIGH SCHOOL STUDENTS USE VAPING, 15% USE MARIJUANA, MORE THAN 4 MILLION AMERICAN TEENAGERS VAPE REGULARLY AND THE NUMBER IS INCREASING.

THE WORST THING IS AMONG EIGHTH GRADER VAPE.

VAPING HAS DOUBLED OVER THE LAST YEAR TO 10% AMONG EIGHTH GRADERS AND EARLY ADOPTION OF VAPING IS A GATEWAY TO THE USE OF REGULAR CIGARETTES AND EIGHTH GRADERS WHO VAPE ARE 10 TIMES MORE LIKELY TO EVENTUALLY USE CIGARETTE SMOKING.

I STRONGLY RECOMMEND THAT NOT ONLY THIS COUNCIL BAN VAPING DEVICES, I THINK THIS COUNCIL SHOULD BAN COMPLETELY E-CIGARETTE IN THE CITY OF EL CAHONE.

WE HAVE TO LOOK INTO THE FUTURE.

WE HAVE TO SAVE THE HEALTH OF OUR, THE NEXT GENERATION FROM THIS VAPING POISONOUS EPIDEMIC AND THANK YOU .

THE LAST PUBLIC COMMENT SPEAKER IS LIZ BOGANI.

HELLO, HOW ARE YOU? WELL, GOOD AFTERNOON.

MY NAME IS LIZ AND I'M ACTUALLY THE BRANCH MANAGER AT THE ALCOHOL AND PUBLIC LIBRARY.

THANK YOU FOR THE OPPORTUNITY TO SPEAK TODAY.

I WANTED TO TAKE A MOMENT DURING PUBLIC COMMENT TO UPDATE YOU GUYS ON A REALLY GREAT PROGRAM THAT WE HAVE GOING ON AT THE LIBRARY AND WE HAVE LOTS OF UNIQUE SERVICES AND THIS IS ONE THAT PARTICULARLY MERITS HIGHLIGHTING PARTICULARLY HERE IN EL CAHONE LIBRARY.

HIGH SCHOOL IS A COUNTY WIDE PROGRAM OFFERED BY SAN DIEGO COUNTY LIBRARY WHERE ADULTS HAVE THE OPPORTUNITY TO EARN A FREE ACCREDITED HIGH SCHOOL DIPLOMA THROUGH AN ONLINE SERVICE THAT THE LIBRARY IS PROVIDING.

POTENTIAL STUDENTS WILL GO ONLINE AND TAKE A PREREQUISITE EVALUATION COURSE AND ARE SCREENED IN PERSON OR OVER THE PHONE BY A LIBRARY STAFF MEMBER TO MAKE SURE THAT THEY DO QUALIFY FOR THE PROGRAM.

IF THE STUDENT IS APPROVED AND NEARLY ALL OF THEM ARE APPROVED, THEN THE LIBRARY THEN SUBSIDIZES THEIR PARTICIPATION IN THIS ONLINE HIGH SCHOOL PROGRAM.

UM, THE PROGRAM IS FULLY PAID FOR BY SAN DIEGO COUNTY LIBRARY AND WE'RE ABLE TO SUPPLEMENT THOSE SCHOLARSHIPS AS WELL WITH THE GRANT FROM THE CALIFORNIA STATE LIBRARY.

THE STUDENT THEN HAS 18 MONTHS TO COMPLETE.

THEIR COURSEWORK WAS SUPPORT PROVIDED BY THE LIBRARY, HIGH SCHOOL STAFF ONLINE.

THOSE ARE TEACHERS AND COUNSELORS THROUGH A SEPARATE SERVICE THAT THE LIBRARY IS SUBSIDIZING THE LIBRARY.

WE'LL MAKE SURE THAT THOSE STUDENTS HAVE ACCESS TO COMPUTERS AND THE INTERNET.

THEY CAN COME IN, THEY CAN USE OUR SPACE.

WE DO HAVE SOME RARE OCCASIONS WHERE WE

[00:20:01]

EVEN WILL BE ABLE TO GIVE THE STUDENTS A LAPTOP TO BE ABLE TO DO THEIR WORK AT HOME TO HELP THEM BE SUCCESSFUL.

THIS PROGRAM IS PARTICULARLY EXCITING HERE IN EL CAHONE BECAUSE 18% OF RESIDENTS OVER THE AGE OF 25 DO NOT HAVE A HIGH SCHOOL DIPLOMA IN THE CITY OF EL CAHONE.

IN FACT, EIGHT RESIDENTS FROM ALCOHOL AND HAVE ALREADY GRADUATED SO FAR THROUGH OUR PROGRAM AND WE HAVE EIGHT MORE CURRENTLY WHO ARE GOING THROUGH THE PROCESS AND COMPLETING THEIR COURSEWORK AND AN ADDITIONAL 12 WHO HAVE COMPLETED THEIR PREREQUISITE COURSE AND ARE WORKING ON GETTING THEIR INTERVIEWS ALL SET AND GETTING STARTED.

ONE OF OUR STUDENTS IS A WOMAN WHO CHOOSES TO DO MUCH OF HER COURSEWORK AT THE LIBRARY.

SHE HAS A COMPUTER AT HOME BUT REALLY FINDS THE ENCOURAGEMENT FROM THE LIBRARY STAFF EVERY TIME SHE COMES IN AND GIVES HER A LITTLE BIT OF AN EXTRA BOOST.

UM, AND SHE RECENTLY SENT US AN EMAIL SAYING, THANK YOU FOR YOUR ENCOURAGEMENT.

THIS IS A FANTASTIC OPPORTUNITY.

I HAVE BEEN GIVEN BY THE LIBRARY.

THE STORIES OF THESE PEOPLE WHO ARE TRYING TO COMPLETE THEIR DIPLOMAS ARE AMAZING.

THEY'RE ASTONISHING AND THROUGHOUT THE COUNTY WE HAVE QUITE A FEW GRADUATES AND EVERY YEAR WE DO HAVE A GRADUATION CEREMONY AT THE COUNTY ADMINISTRATION CENTER.

BUT I WANTED TO SPEAK ABOUT THIS TODAY BECAUSE I THINK THAT IT'S A PROGRAM IN OKLAHOMA THAT COULD USE MORE RECOGNITION AND MORE PUBLICITY.

IF YOU HAVE ANY QUESTIONS ABOUT LIBRARY HIGH SCHOOL OR ANY OF THE OTHER PROGRAMS OR SERVICES WE PROVIDE FOR THE COMMUNITY, PLEASE DON'T HESITATE TO ASK.

MAKE SURE TO STOP BY THE LIBRARY SOON FOR A BOOK OR A MOVIE.

WE CHECKED OUT ABOUT 45,000 OF THOSE LAST MONTH A PROGRAM WE HAD A 112 AND SEPTEMBER WITH 2200 PEOPLE IN ATTENDANCE LAST MONTH OR JUST A CHANCE TO SIT AND RELAX AND BE WITH YOUR NEIGHBORS BECAUSE IF YOU'RE WONDERING WHERE YOUR NEIGHBORS ARE, THERE'S A PRETTY GOOD CHANCE THAT ONE OF THEM IS AT THE LIBRARY ON ANY GIVEN DAY CAUSE WE SEE ABOUT A THOUSAND VISITS EVERY DAY THROUGH OUR DOORS.

THANK YOU FOR YOUR TIME.

IS THERE A PHONE NUMBER AND OR WEBSITE THAT PEOPLE CAN GO TO IF THEY'RE INTERESTED? SPECIFICALLY IF YOU'RE LOOKING FOR ANY LIBRARY PROGRAMS, IT'S S D C L.ORG AND IF YOU GO TO LIBRARY HIGH SCHOOL.ORG, THAT WILL ROUTE YOU DIRECTLY TO OUR PROGRAM.

WE HAVE PURCHASED THAT DOMAIN NAME.

AND IS THERE A PHONE NUMBER THEY SHOULD CALL OR THEY CAN CALL THE LIBRARY? (619) 588-3726.

THANKS A LOT.

THE TWO ADMINISTRATIVE REPORTS, WE HAVE SEVERAL MINISTRY REPORTS TODAY.

ANY QUESTIONS? NO MORE CARD, SIR.

OKAY, GREAT.

ARE THERE ARE NO WRITTEN COMMUNICATIONS ON TODAY'S AGENDA? THERE ARE NO PUBLIC HEARINGS ON TODAY'S AGENDA.

I THINKS

[11. Code of Ethics and Conduct for Elected and Appointed Officials RECOMMENDATION: That the City Council adopts the next Resolution, in order replacing City Council Policies A-23 and A-24 with the "Code of Ethics and Conduct for Elected and Appointed Officials."]

ITEM 11 IS A REPORT ON A CODE OF ETHICS AND CONDUCT FOR ELECTED OFFICIALS AND APPOINTED OFFICIALS AND STAFF.

WOULD YOU PLEASE TELL US ABOUT THIS? THANK YOU MR MAYOR.

WE'RE PULLING UP THE POWERPOINT RIGHT NOW ON THAT.

SO FIRST OF ALL, I'M REALLY EXCITED TO SEE THAT OUR COMMUNITY SO PASSIONATE ABOUT THIS AGENDA ITEM.

SO WE HAVE SO MANY PEOPLE HERE TODAY FOR THIS.

UM, BUT IN ALL SERIOUSNESS, ON, UH, AUGUST 13TH, THE CITY OR THE CITY COUNCIL RECEIVED A PRESENTATION FROM STAFF WITH A DRAFT, UH, CODE OF ETHICS AND CONDUCT FOR ELECTED AND APPOINTED OFFICIALS.

UM, THAT, THAT PRESENTATION RESULTED IN A GOOD CONVERSATION WITH THE CITY COUNCIL.

AND OUT OF THAT CAME SOME FEEDBACK FOR SOME CHANGES THAT THE CITY COUNCIL WOULD LIKE TO SEE IN A, A FINAL POLICY.

THIS STAFF REPORT OR THIS AGENDA ITEM ENCOMPASSES THOSE POLICY CHANGES.

SO AS IN THE PREVIOUS REPORT OR THE PREVIOUS AGENDA POLICY, THERE IS A BIT OF A PREAMBLE WHICH ESTABLISHES SOME FOUNDATIONAL STATEMENTS ABOUT WHAT IS IMPORTANT TO THE CITY OF EL CAHONE.

AND IT REALLY BECOMES THESE GUIDING PRINCIPLES FOR THE FOLLOWING, UM, ETHICS AND CODE OF CONDUCT THAT, UM, IS IN THE POLICY.

AND AS YOU RECALL, OUR COUNCIL MEMBER, UM, ORTIZ IS THE ONE THAT SUGGESTED THESE, THIS VERBIAGE.

UM, ONE OF THE, UM, FEEDBACK POINTS THAT COUNCIL GAVE IS, UM, WE INITIALLY PRESENTED 16 DIFFERENT STATEMENTS AND THE COUNCIL ASKED FOR, UH, STAFF TO WHITTLE THOSE STATEMENTS DOWN TO ABOUT 10.

SO WE'VE ACTUALLY DONE THAT AND WE'VE BEEN ABLE TO INCORPORATE SOME SIMILAR STATEMENTS OR AREAS OF CODE OF ETHICS OR STANDARDS INTO EACH OTHER.

AND SO WE'VE BEEN ABLE TO DO THAT AND PROVIDE THE 10, UH, THIS IS JUST THE F THE LIST OF THE FIRST FIVE ACT IN THE PUBLIC INTEREST, COMPLY WITH BOTH THE LETTER AND SPIRIT OF THE LAW AND THE CITY CODES.

UH, THE CON THERE'S A SECTION IN THE CONDUCT OF COUNCIL MEMBERS BOTH WHILE, UM, ACTING IN YOUR CAPACITY AS A COUNCIL MEMBER BUT ALSO IN YOUR PERSONAL LIVES.

UM, DISCUSSION SHOULD BE BASED ON MERIT AND THERE SHOULD BE A GOOD OPEN COMMUNICATION AND UH, BETWEEN COUNCIL MEMBERS, UM, STAFF ALSO INCLUDED IN THESE ARE THE OTHER, THE OTHER FIVE, UM, CONFLICT OF INTEREST, GIFT AND FAVORS

[00:25:01]

A SECTION ON GIFTS AND FAVORS.

YOU SEE ME GET SOME FAVORS, UM, USING CONFIDENTIAL INFORMATION FOR CITY BUSINESS ONLY, UM, HOW WE ADVOCATE FOR UM, OTHER PEOPLE AND THE USE OF CITY'S RESOURCES AND OF COURSE CREATING A POSITIVE WORK ENVIRONMENT.

UM, FOR EACH OF THESE STATEMENTS THAT YOU SEE ON THE SCREEN, THERE IS OF COURSE A BRIEF PARAGRAPH THAT DESCRIBES WHAT THAT STANDARD LOOKS LIKE.

AND I THINK WE'VE BEEN ABLE TO STRIKE THIS BALANCE BETWEEN BEING BRIEF AND SIMPLE YET HAVING ENOUGH COMPREHENSIVENESS TO, UH, HAVE, HAVE ENOUGH MEAT TO MAKE SENSE OF THINGS.

UM, IT'S IMPORTANT TO NOTE THAT SOME OF THESE CONFLICTS OR THESE, SOME OF THESE CODES OF CONDUCT ARE ALSO GOVERNED BY STATE LAW, BUT WE REFERENCE THOSE AS WELL.

UM, LASTLY, THE SECTION THAT WE PRESENTED TO THE COUNCIL IN AUGUST INCLUDED A SECTION ON ADMONITION AND CENSURE.

THOSE RANGE FROM SORT OF THE LEAST OR THE MOST INFORMAL, WHICH WOULD BE AN INFORMAL ADMISSION ADMONITION TO A FULL CENSURE.

IT'S IMPORTANT TO NOTE THAT ALTHOUGH THE CENSURE CARRIES NO FINE, THERE ARE ABILITIES WITHIN THE CENSURE PROGRAM OR RESOLUTION EVENTUALLY THAT THE COUNCIL COULD STRIP, UH, UM, A COUNCIL MEMBER, A FELLOW COUNCIL MEMBER OF RESPONSIBILITIES AND CITY ASSIGNMENTS.

SO IF THERE'S NO QUESTIONS AT THIS POINT, STAFF WOULD RECOMMEND THAT THE CITY COUNCIL ADOPT A RESOLUTION WHICH WOULD REPLACE POLICIES EIGHT 23 AND EIGHT 24 WHICH, UM, INCLUDE OTHER TYPES OF CODES OF ETHICS AND CONDUCT.

REPLACE IT WITH THIS COMPREHENSIVE CODE OF ETHIC, WHICH SHOULD BE THE NEW POLICY.

EIGHT 23 STAFF'S AVAILABLE TO ANSWER ANY QUESTIONS OR RECEIVE ADDITIONAL FEEDBACK.

COMMUNICATION BETWEEN COUNCIL MEMBERS.

ALL RIGHT, COUNSEL, ANY QUESTIONS? BOB? YES ON THAT NUMBER FIVE, UM, YOU GO BACK TO THAT SLIDE.

I THINK THE PUBLIC NEEDS TO KNOW THAT WE DON'T COMMUNICATE ON THE ISSUES ON THE AGENDA PRIOR TO THE MEETING.

UH, BECAUSE IF WE DID, IT COULD, THAT'S, THAT'S AGAINST THE LAW.

AND, UH, SOME CITIES, I'M SURE IN THE PAST I'VE DONE THIS, GOTTEN IN TROUBLE, BUT THEY'VE DECIDED THE ISSUE BEFORE THEY WOULD COME BEFORE THE PUBLIC AND THAT'S WHAT'S ILLEGAL.

AND, UM, SO, UM, WE HAVE CERTAIN RULES ON THAT THAT WE CAN'T COMMUNICATE MAYBE WITH ONE OTHER COUNCIL MEMBER AND THAT'S WHERE IT WOULD STOP.

AND, UH, BUT YOU CAN'T MAKE YOUR DECISIONS BEFORE THE COUNCIL MEETING.

SO I THINK THE PUBLIC NEEDS TO BE AWARE OF THE COMMUNICATION.

WHAT YOU MEANT BY THAT.

THAT'S CORRECT.

YUP.

BABA, YOU MAKE A REALLY GOOD POINT AND THAT IT CAN'T BE A DONE DEAL WHEN YOU WALK IN THE DOOR.

OTHERWISE, WHY HAVE A PUBLIC MEETING IF IT'S ALREADY BEEN DECIDED? SO WE CAN ONLY TALK TO ONE OF THE COUNCIL MEMBER.

THAT'S IT.

AND THAT'S CALLED THE BROWN ACT IN IT.

AND THIS COUNCIL HAS BEEN REALLY GREAT ABOUT FOLLOWING THAT.

AND, AND I WANT TO COME IN, UH, COUNCIL MEMBER ORTIZ FOR COMING UP WITH THIS.

THIS IS A GREAT IDEA RIGHT NOW.

WE HAVE A GREAT COUNCIL.

IT MAY NOT ALWAYS BE LIKE THAT.

SO, AND WE'VE HAD PROBLEMS IN THE PAST.

SO THAT'S THE REASON THAT, UH, THIS IS UP HERE AND, UH, I INTEND TO SUPPORT IT.

NOT ONLY THAT, THANK YOU FOR COUNCIL MEMBER KENDRICK, UM, THAT IT PROVIDES, UH, THE COUNCIL, UH, A BAROMETER OF HOW WE SHOULD BE ACTING, BUT IT PROVIDES THE PUBLIC A BAROMETER AND A GUIDE TO HOW YOU SHOULD HOLD US ACCOUNTABLE FOR OUR CONDUCT AS ELECTED OFFICIALS.

AND I THINK THAT'S THE MOST IMPORTANT THING.

I WOULD LIKE TO SEE IF THE COUNCIL ADOPTS THIS, THIS POSTED ON OUR WEBSITE, ON THE CITY COUNCIL PAGE SO ANYONE CAN LOOK UP, UH, WHAT, HOW YOUR ELECTED OFFICIALS SHOULD BE ACTING.

LET'S, UM, SEE IF THERE'S ANY SPIRIT CURVES IN THIS ROOM BEFORE WE GO ON.

IT'S ONE OTHER COMMENT IS I THINK IT'S REALLY IMPORTANT AND IT TALKS ABOUT THIS IN THIS POLICY THAT EVERY PERSON, THEY AUDIENCE FEELS COMFORTABLE COMING UP HERE AND EXPRESSING THEIR OPINION.

EVEN IF WE MIGHT NOT AGREE WITH IT, WHO MIGHT SAY, NO, I DON'T.

HERE'S WHY I DON'T AGREE WITH IT.

BUT YOU HAVE TO FEEL COMFORTABLE COMING UP HERE AND TALKING TO THOSE BECAUSE I'VE LEARNED TO NEVER MAKE UP MY MIND BEFORE THE MEETING LISTENED.

SOMETIMES DURING THE MEETING I'LL SAY, OH, I'LL GO THIS WAY.

AND THEN SOMEONE SAYS SOMETHING ELSE AND I GO, OH, I'LL GO THAT WAY.

AND IT'LL CHANGE SEVERAL TIMES IN THE MEETING BECAUSE THERE'S NOTHING THAT'S JUST BLACK AND WHITE.

IT'S ALWAYS SHADES OF GRAY.

SO, UH, AGAIN, UH, I THINK IT IS REALLY IMPORTANT.

I'D LIKE TO MAKE A MOTION, UH, TO ADOPT A RESOLUTION, REPLACING CITY COUNCIL POLICIES, EIGHT 23 AND EIGHT 24, UH, WITH THE CODE OF ETHICS AND CONDUCT FOR ELECTED SECOND AND POST OFFICIALS.

MOVING SECTION TO PLEASE VOTE.

[00:30:06]

I KNOW EVERYBODY IS HERE FOR ONE SPECIFIC, UM, AGENDA ITEM.

SO A STAFF, I'M GOING TO MOVE FORWARD TO THAT AGENDA.

I DON'T LIKE, I JUST GOT TO FIND IT.

SO THE NEXT ONE, OH, THAT I GUESS I'VE DONE IT.

PARDON ME THOUGH.

OH, THERE WE ARE.

[12. El Cajon Tobacco Retailer's License Program RECOMMENDATION: That the City Council considers modifications to the El Cajon Tobacco Retailer's License Program and provides direction to staff.]

OPT TO PAY THE FINE THE $1,000 PENALTY.

I AM 12 TO REPORT ON OKLAHOMA TOBACCO RETAILERS LICENSE PROGRAM AND I'D LIKE TO ASK STAFF TO INTRODUCE THIS ITEM PLEASE.

CERTAINLY.

MR MAYOR, MEMBERS OF THE CITY COUNCIL EARLIER THIS SUMMER ON JULY 23RD, THE COUNCIL DIRECTED STAFF TO ANALYZE THE CITY'S EXISTING TOBACCO RETAILERS LICENSE PROGRAM AND TO LOOK AT SOME DATA AND COME BACK WITH SOME RECOMMENDATIONS.

UM, IF, IF THERE WERE NEED FOR RECOMMENDATIONS ON SOME MODIFICATIONS TO THE PROGRAM.

AS A REFRESHER, THE CITY COUNCIL CREATED THIS PROGRAM IN 2007 AND IS PART OF AN OVERALL CITY TOBACCO POLICY.

UM, AS A REMINDER, THE CITY REGULATES THE SALE OF TOBACCO PRODUCTS, WHICH INCLUDE, UM, UH, WHAT WE TRADITIONALLY CONSIDER TOBACCO POT PRODUCTS AS WELL AS E-CIGARETTES, UM, WHO CAUSE OTHER VAPE, UH, VAPOR INHALATION PRODUCTS, ET CETERA.

THE CITY ALSO REQUIRES THAT RETAILERS OR OUTLETS THAT SELL TOBACCO PRODUCTS OBTAIN A LICENSE ANNUALLY.

THAT LICENSE CURRENTLY COST $709.

THE FEE HAS NOT INCREASED SINCE THE 2007 DATE AND THIS FEE HELPS PAY FOR THE COMPLIANCE OR THE, UM, ENFORCEMENT OF THE POLICY.

THERE ARE CURRENTLY 101 BUSINESSES IN THE CITY THAT HAVE A LICENSE, A TOBACCO RETAILERS LICENSE.

AND UM, AS PART OF, UM, THE PROGRAM, THE ULTIMATE GOAL IS TO CURB OR RE REDUCE OR EVENTUALLY ELIMINATE THE SALE OF TOBACCO PRODUCTS TO THOSE THAT ARE UNDER THE AGE OF 21, WHICH IS SET BY STATE LAW.

UH, IT'S IMPORTANT TO NOTE THAT THE POLICY ALSO INCLUDES A LIST OF PENALTIES AND I'LL JUST, I'LL JUST RUN THROUGH THOSE PENALTIES AS A REFRESHER.

UM, IF A, UM, OUTLET IS FOUND TO HAVE SOLD TOBACCO PRODUCT TO SOMEONE UNDER THE AGE OF 21 FOR THE FIRST TIME, THAT RETAILER HAS THE OPTION OF EITHER, UH, RECEIVING A $1,000 FINE OR THEY CAN TAKE A 30 DAY SUSPENSION OF SELLING TOBACCO PRODUCTS.

SO THE, THE RETAILER ACTUALLY HAS THE OPTION OF, OF UM, OR CAN CHOOSE WHICH OPTION THEY WISH TO TAKE WITH IT WITH ANY FIVE YEAR PERIOD.

IF THAT SAME RETAILER WERE TO SELL TOBACCO TO SOMEONE UNDER 21 A SECOND TIME, THEY WOULD RECEIVE A 90 DAYS AUTOMATIC SUSPENSION.

AND IF THAT VIOLATION WAS FOUND WITHIN ONE YEAR OF THE FIRST VIOLATION, THERE'D BE A $1,000 FINE.

AND I'M GOING TO COME BACK TO THAT, THAT IMPORTANT NUANCE THAT WITHIN ONE YEAR, UM, IF THERE'S A THIRD VIOLATION WITHIN FIVE YEARS, THEN THEY RECEIVE A ONE YEAR SUSPENSION TO SELL TOBACCO PRODUCTS.

AND AGAIN, IF THAT THIRD VIOLATION IS WITHIN ONE YEAR OF THE FIRST VIOLATION, THEN THERE'S A $1,000 PENALTY.

AND FINALLY WITHIN THAT FIVE YEAR PERIOD, IF, IF A, A FOURTH VIOLATION OCCURS, THAT ESTABLISHMENT LOSES THE, THE RIGHT TO SELL TOBACCO PRODUCTS ALTOGETHER AND THE LICENSE IS REVOKED AND CAN NEVER BE RENEWED AGAIN.

IF IT'S WITHIN THE FIRST YEAR, UM, OR ONE YEAR WITHIN THE FIRST VIOLATION, THERE IS A $1,000 PENALTY.

ANY QUESTIONS ABOUT THE PENALTIES BEFORE I KIND OF MOVE ON? OKAY.

SO REALLY QUICKLY, I WANTED TO SHOW GRAPHICALLY WHERE OUR ESTABLISHMENTS ARE LOCATED.

UM, THE BLACK DOTS ARE OUTLETS THAT HAVE NOT SOLD TOBACCO PRODUCTS TO UNDER AGED INDIVIDUALS WITHIN THE LAST THREE YEARS.

THE BLUE DOTS ARE OUTLETS THAT HAVE SOLD WITHIN AT LEAST ONE TIME.

UH, THE YELLOW OR ORANGE DOTS ARE A SECOND TIME VIOLATORS AND THE ONE RED.IS A, UM, A THIRD TIME REPEATER.

UM, AS YOU CAN SEE, THE DISTRIBUTION OF TOBACCO OUTLETS IS, IS UM, WELL DISTRIBUTED AMONGST THE COMMUNITY AS WELL AS THE VIOLATORS.

THIS, THIS NEXT DATA HELPED DRIVE SOME OF THE RECOMMENDATIONS THAT STAFF IS BRINGING FORWARD AND WHAT YOU WERE SHOWING IS THREE YEARS WORTH OF COMPLIANCE INSPECTIONS AND FOR EACH YEAR SEEN ON THIS TABLE THERE'S THREE BARS, THE BLUE BAR AND THE RED BARS REPRESENT FIRST-TIME VIOLATORS.

THE, AND WE'VE DISTINGUISHED THOSE BECAUSE I THINK IT'S IMPORTANT THAT THE POLICYMAKERS UNDERSTAND THAT THE MAJORITY OF INDIVIDUALS THAT ARE FIRST TIME VIOLATORS

[00:35:01]

UM, IN FACT ABOUT 91% PAY THE PENALTY IN THE LAST THREE YEARS.

THE RED BAR REPRESENTS FIRST-TIME VIOLATORS, BUT THOSE OUTLETS OPTED TO TAKE THE SUSPENSION TO 30 DAY SUSPENSION IN LIEU OF THE $1,000 FINE.

THE GREEN BAR, THE, THE, I GUESS THE LIME GREEN BAR, UM, ARE THOSE THAT HAVE REPEATED MO FOR THE MOST PART, A SECOND VIOLATION IN ONE OF THOSE, ONE OF THOSE BARS INCLUDES A THIRD TIME VIOLATOR.

SO, UM, THAT'S SORT OF OUR DATA RIGHT THERE.

AND THERE'S A COUPLE THINGS THAT POPPED OUT TO STAFF.

AS YOU CAN SEE, SINCE 2017, THERE HAS BEEN A STEADY DECLINE IN FIRST-TIME VIOLATORS.

HOWEVER, WE'RE STILL CONCERNED ABOUT THE NUMBER OF OUTLETS THAT ARE SELLING TOBACCO TO UNDERAGE CUSTOMERS.

IN FACT, UM, YOU CAN SEE THAT, UM, IF YOU WERE TO ADD UP THE BLUE AND RED BARS FOR THE LAST THREE YEARS, THAT EQUALS 47 OUTLETS.

THERE'S 101 OUTLETS THAT'S, THAT'S A LITTLE UNDER 50% OF OUR OUTLETS IN THE LAST THREE YEARS HAVE SOLD TOBACCO TO, TO PEOPLE THAT ARE UNDER THE AGE OF 21.

YOU CAN ALSO SEE DESPITE THE DECLINE IN FIRST-TIME VIOLATORS, THERE HAS BEEN AN INCREASE IN THE NUMBER OF SECOND TIME VIOLATORS BASED ON THE DATA ALONE.

STAFF CONCLUDES THAT OUR POLICY PROBABLY IS NOT THAT EFFECTIVE AT IF, IF THE GOAL IS TO CURB, UH, THE SALE OF TOBACCO, UM, TO MINORS OR TO UNDERAGE INDIVIDUALS, WE'RE NOT THAT EFFECTIVE WHEN, WHEN IT'S ONLY EFFECTIVE HALF THE TIME.

SO, UM, BASED ON THAT, STAFF WOULD LIKE TO RECOMMEND THREE SUGGESTIONS FOR SOME MODIFICATIONS TO THE PROGRAM.

AND, AND WE'RE REALLY PRESENTING THESE AS A LAUNCHING PAD FOR A DISCUSSION WITH THE CITY COUNCIL AND WE'RE HOPING TO GET SOME ADDITIONAL FEEDBACK FROM THE COUNCIL TO BRING SOMETHING BACK, MORE CONCRETE BASED ON YOUR FEEDBACK.

SO THERE'S, WE HAVE THREE, THREE RECOMMENDATIONS.

ONE IS THERE ARE A FAIR NUMBER OF, OF OUTLETS THAT ARE COMPLIANT AND WE WOULD RECOMMEND THAT WE ACTUALLY REDUCE THE ANNUAL LICENSE FEE BY ABOUT 20% FOR THOSE INDIVIDUALS THAT HAVE, UM, A TRACK RECORD OF THREE CONSECUTIVE YEARS OF COMPLYING WITH THE ORDINANCE THAT THEY RECEIVE A DISCOUNT ON THEIR, THEIR LICENSE.

UM, WE WOULD ALSO RECOMMEND THAT WE, WE, WE NO LONGER ALLOW AN OUTLET TO CHOOSE BETWEEN PAYING THE $1,000 FINE OR THE 30 DAY SUSPENSION THAT WE MAKE A SUSPENSION AUTOMATIC FOR 30 DAYS AND THAT WE INCLUDE A NOMINAL FINE WITH THAT OF $500.

SECOND IS, UM, RIGHT NOW THE ONLY TIME WE FIND SECOND, THIRD AND FOURTH VIOLATORS IS WHEN THE VIOLATION OCCURS WITHIN ONE YEAR.

THE VERY FIRST VIOLATION.

WE DON'T, WE JUST DON'T MONITOR OUTLETS THAT WAY.

SO THAT WILL ALMOST NEVER OCCUR.

AND SO WE WOULD RECOMMEND THAT WE STRIKE THE LANGUAGE FROM THE CODE THAT SAYS WITHIN THE FIRST YEAR OF THE FIRST VIOLATION.

AND IF YOU ARE FOUND TO BE A SECOND, THIRD OR FOURTH VIOLATOR, THERE'S AN AUTOMATIC FINE OF $1,000.

UM, IN ADDITION TO THE SUSPENSION POLICY, UH, FOR OTHER CONSIDERATIONS THAT THE COUNCIL MAY WANT TO CONSIDER IS MAYBE THE LENGTH OF TIME FOR A SECOND VIOLATION.

UM, 90 DAYS DOES NOT SEEM TO BE A BIG ENOUGH TO TURN FOR SOME INDIVIDUALS OR OUTLETS.

UH, PERHAPS THE AMOUNT OF FINE IS TOO LOW.

AS YOU RECALL, WE HAVE FINES UP TO $2,500 FOR MARIJUANA DISPENSARIES.

UM, AND THE CITY COUNCIL MAY WISH TO HEAVIER REGULATE PRODUCTS, UM, THAT ARE IDENTIFIED IN THE CITY'S POLICY.

SO WITH THAT STAFF IS OPENING UP THE DISCUSSION FOR THE CITY COUNCIL.

WE ARE HERE TO ANSWER ANY SPECIFIC QUESTIONS ABOUT THE POLICY, ABOUT THE DATA THAT WE ANALYZED AND TO RECEIVE SOME ADDITIONAL FEEDBACK FROM THE CITY COUNCIL.

THANK YOU, GRAHAM.

EXCUSE ME.

UH, COUNCIL, ANY QUESTIONS OR SHOULD WE GO ON TO PUBLIC COMMENT? ANGELA? SARAH, WE HAVE 50 SPEAKERS.

MMM, OKAY.

BECAUSE OF THE NUMBER OF SPEAKERS.

I'M GOING TO CUT THE TIME, THE TWO MINUTES, THAT'S ACCEPTABLE WITH OUR COUNCIL.

UM, I WANT TO HEAR WHAT EVERYBODY ELSE IS SAY, BUT IF IT GETS TO THE POINT WHERE WE'RE JUST REPEATING OVER AND OVER AGAIN WHAT YOU'RE SAYING, IT'S OKAY FOR YOU TO JUST SAY I, YOU KNOW, I WEIGH IN WITH THE SIDE OF THE TRUCK.

YOU CAN GIVE IT TO ANGELA THERE.

LET'S GET STARTED.

THE FIRST SPEAKER IS JAKE RUBENSTEIN.

[00:40:06]

THANK YOU VERY MUCH FOR YOUR TIME, EVERYONE.

OKAY, SO I, I WOULD LOVE TO COMMENT SPECIFICALLY ON SOME OF THE ISSUES WE'RE CONTEMPLATING WITH WHAT WE CALL THE VAPING ILLNESS.

MY LABORATORY, MY NAME IS JAKE RUBENSTEIN, I RUN NEWTON NICOTINE, EXCUSE ME.

I RUN NUDE NICOTINE AND NEW NICOTINE ANALYTICS.

WE'RE AN ANALYTICAL LABORATORY AND A CHEMICAL PRODUCTION FACILITY OUT OF MERE MESA, CALIFORNIA.

AND WE DO A LOT OF ANALYSIS AND WORK WITH THE FDA AND CDC REGARDING THE VAPING ILLNESS PROTOCOLS.

IN THE LAST COUPLE OF WEEKS, WE'VE WORKED WITH SPECIFICALLY SOME CLINICIANS AND RADIOLOGISTS AND ANOTHER GROUP OF ANALYTICAL CHEMISTS TO HOPEFULLY DRIVE DOWN TO A SPECIFIC ANALYTICAL PROTOCOL THAT WE CAN THEN HONE DOWN THE VAPING ILLNESS TOO.

I FEEL LIKE, I GUESS A LITTLE BIT AT ODDS WITH THE ISSUE OF THINKING ABOUT SEPARATING THE SALE OF FLAVOR TO CHILDREN, WHICH I WHOLEHEARTEDLY AGREE WITH.

THERE SHOULD NEVER BE A SALE OF ELECTRONIC CIGARETTES OR NICOTINE OR TOBACCO FOR ANY MATTER TO CHILDREN.

HOWEVER, I THINK THERE'S A SEPARATE ISSUE.

THOSE 20 OR JUST LIKE COUNCIL MEMBER KENDRICK NOTED THERE WAS ABOUT 20 DEATHS OR A FEW MORE.

AS OF THE LAST COUPLE OF WEEKS.

ALL OF THOSE DEATHS HAVE BEEN ATTRIBUTED TO MY SUBSTANTIAL LITERATURE REVIEW WITH MY CLINICIAN AND RADIOLOGIST COLLEAGUES, WHAT WE CALL VAPOR INDUCED INDOGENOUS LIPID PNEUMONIA.

IT'S A LIPID PNEUMONIA, A PNEUMONIA OF THE LUNGS, OBVIOUSLY COATED WITH LIPIDS THAT ARE SOURCED FROM ADULTERANTS.

THESE ADULTS WHO ARE IN CERTAIN NOT PRESENT IN E-CIGARETTES THAT YOU CIGARETTE PRODUCTS IN, AT LEAST WITH NICOTINE.

WE TRADITIONALLY CALL THESE ELECTRONIC NICOTINE DELIVERY SYSTEMS. E, N D, S.

HOWEVER, THE LIPID PNEUMONIA AND OVER 82% OF CONFIRMED CASES FROM THE CDC WITH THE FDA, OR SORRY, WITH THE FDA'S REVIEW HAS NOTED THESE AS V E L P.

SO MYSELF AS AN ANALYTICAL TECHNICIAN, I WOULD URGE A CALM AND COLLECTED CONVERSATION ABOUT A POSSIBLE ANALYTICAL PROTOCOL TO DEFINE WHAT WOULD BE SAFE FOR INHALATION IN OKLAHOMA AND WHAT WOULD NOT BE SAFE.

WE RAN OUT OF TIME, BUT SOMEBODY MAY ASK YOU SOME QUESTIONS.

ABSOLUTELY CRUSHES IT.

PLEASE FEEL FREE.

IT'S A LITTLE BIT OF A HIGHER LEVEL QUESTION.

THESE, THESE VAPE VAPING PRODUCTS THAT CONTAIN THE LIPIDS? YES.

UM, ARE THESE THE BABY PRODUCTS THAT YOU FIND IN THE STORE OR IS THIS ASSOCIATED WITH CANNABIS AND THAT YOU GET MOSTLY FROM THE INTERNET? IT'S A, IT'S A GREAT QUESTION.

I'M GLAD YOU ASKED TOO.

SO MOST OF THEM, IF YOU LOOK ON THE LAST PAGE OF MY LITERATURE REVIEW, THEY ARE GRAY AND BLACK MARKET CANNABIS AND HEMP PRODUCTS.

THE MAJORITY OF THESE, THEY'RE LIPID SOLUBLE.

SO IMAGINE SOMETHING THAT'S OIL SOLUBLE.

YOUR STANDARD E-LIQUID IS A WATER SOLUBLE COMPONENT.

SO ANYTHING THAT WOULD CONSTITUTE A MARIJUANA OIL OR A CBD OIL WOULD BE HIGHLY LIKELY SUSPECTS FOR THIS ANALYSIS OR THIS INVESTIGATION.

SO I'D URGE US TO LOOK AT BOTH PRODUCTS WITH DISCRETION AS WELL.

I HAVE A QUESTION, PLEASE.

WHEN USED IMPROPERLY? ABSOLUTELY.

MY, MY NEIGHBOR USED TO USE, UH, UH, TOBACCO PIPE, UH, THAT, THAT TOBACCO FROM AND THEN THE CANS FOR THE PIPES.

YEAH, YEAH.

AND HE HAD, HE'D PUT WATER IN IT AND THEN SPRAY HIS, UH, SPRAY HIS TREES TO KILL ALL THE BUGS.

ISN'T NICOTINE ACTUALLY A POISON? SO IN A CERTAIN CONCENTRATION, IN A CERTAIN SENSE, LET'S TAKE FOR EXAMPLE, YOU'RE A BUG.

YOU WEIGH 0.1 GRAMS. IF YOU SPRAY ONE DROP OF NICOTINE ON THAT BUG, YOU'RE PRETTY MUCH GIVING THAT BUG 10% OF ITS WEIGHT AND NICOTINE.

IF I'M 180 POUNDS THEN IF YOU PUT ME IN 18 POUNDS OF NICOTINE, I'M LIKELY NOT GOING TO HAVE A BAT OR I'M GOING TO HAVE A BAD TIME.

BUT IN CONTEXT OF WHAT NICOTINE IS, WHICH IS AN ACETYLCHOLINE RECEPTOR AGONIST, IT'S USED THROUGHOUT THE BODY WITH SIMILAR CHEMISTRIES, BUT IT'S MEDIATION IN ITS CONCENTRATION, WHICH IS THE FOCUS.

IF YOU CONSUME TOO MUCH OF, IF YOU CONSUME TOO MUCH NICOTINE, YOU'RE GOING TO GO INTO CARDIAC ARREST, YOU'RE GOING TO HAVE POOR DIGESTIVE FUNCTION.

THERE'S TOO MUCH OF ANYTHING IS POOR.

AND DO YOU THINK NICOTINE IS ADDICTIVE WHEN USED PROPERLY? NO.

I HAVE TOO MANY FRIENDS.

I HAVE TOO MANY FRIENDS THAT HAVE ABUSED NICOTINE ITSELF.

SO I MANUFACTURER NICOTINE FOR A LIVING.

I DISTILL A NICOTINE FROM TOBACCO AND I'VE SEEN, SO YOU MAKE MONEY

[00:45:01]

FROM SELLING THE NICOTINE? I DO AND I DO MAKE MONEY FOR ANALYZING THE NICOTINE FOR ITS SAFETY, ITS PURITY FOR THE CDCS RECOMMENDATION FOR FDA'S 21 CFR AND FOR ANY LOCAL ACCREDITING BODIES THAT REQUIRE THE ANALYTICS.

ANY OTHER QUESTIONS FOR THIS? JONAH? THANKS FOR CALLING.

I WILL CALL THE NEXT THREE SPEAKERS PLEASE.

IF YOU CAN PLEASE.

WHEN YOU HEAR IN YOUR NAME, STEP UP TO THE PODIUM.

DULY VISH, SANTAN, COZENS AND ELAINE BRIGGS.

FIRST OFF, I WANT TO SAY THANK YOU FOR ALLOWING ME TO SPEAK.

MY NAME IS JULIE VISHEN.

I'VE BEEN L CONE RESIDENCE SINCE I WAS ONE.

I GREW UP IN RANCHO SAN DIEGO AND I OWN A HOME RIGHT OFF A SECOND STREET.

I AM YOUR CONSTITUENTS, SO I BE IN OCCASIONALLY SMOKING CIGARETTES AT THE AGE OF 16 SHORTLY BEFORE I TURNED 17 I RARELY HAD A PROBLEM PURCHASING MY OWN CIGARETTES.

I QUICKLY BECAME ADDICTED TO CIGARETTES AND MY ONE CIGARETTE AT A PARTY TURNED TO HER HALF PACK A DAY.

IN SEPTEMBER OF 2016 MY GRANDMOTHER WAS DIAGNOSED WITH LUNG CANCER AND I HAD BEEN TO HALF SIZED HER BRAIN.

SHE WAS A SMOKER.

SHE DIED SIX WEEKS LATER.

I WAS SMOKING ABOUT THREE QUARTERS OF A PACK A DAY AND EXACTLY ONE MONTH TO THE DAY OF HER DEATH.

I WALKED INTO VAPE IN 609 I HAD SMOKED FOR 17 YEARS.

I WAS 34 YEARS OLD AT THE TIME, BUT THAT DAY I VOWED TO CHANGE THAT AND I TRIED TO QUIT.

I TRIED TO QUIT SMOKING DOZENS OF TIMES BEFORE AND IT ALWAYS GONE BACK TO SMOKING.

VAPING CHANGED MY LIFE ON DECEMBER 16TH, 2016 I SPENT AN HOUR IN THE VAPE SHOP TRYING DIFFERENT FLAVORS AND PICKING OUT THE TYPE OF MADAY WANTED.

I WAS EXCITED BUT APPREHENSIVE.

GOD ONLY KNOWS HOW MANY TIMES I HAD FAILED BEFORE, BUT THIS WAS DIFFERENT.

THE FIRST WEEK WAS HARD, BUT NOT NEARLY AS THE HEART, AS HARD AS IT WAS BEFORE.

BEFORE I KNEW IT, A MONTH HAD PASSED THAN TWO, THEN SIX, THEN A YEAR.

EVERYTHING ABOUT VAPING.

LET ME KICK THIS ADDICTION.

NOT ONLY HAVE I NOW QUIT CIGARETTES, BUT I ALSO QUIT NICOTINE 100% BECAUSE OF VAPING.

ONE OF THE GREAT THINGS ABOUT VAPING IS THAT YOU CONTROL THE AMOUNT OF NICOTINE THAT YOU ACTUALLY PUT IN.

YOU CAN HAVE SIX MILLIGRAMS OR ZERO.

UM, I HAVE A HAND THEM OUT OF HABIT THAT I STILL HAVE YET TO BREAK, BUT I'M WORKING ON IT.

I THINK THE CITY COUNCIL IS TRYING TO HELP A BAD SITUATION, BUT IT'S COMPLETELY MISGUIDED.

NAIVE.

IF YOU THINK, OH, CROHN'S VAPE BAN IS GOING TO STOP TEENAGERS FROM VAPING, YOU'RE WILLFULLY IGNORANT.

A LAW FORBIDDING ME FROM SMOKING DID NOT STOP ME FROM SMOKING AT 16.

THE STATE OF CALIFORNIA HAS ALREADY RAGED RAISE THE AGE FROM 18 TO 21 AND THAT DID NOT CHANGE ANYTHING.

BEHALF OF VAPING, BUT HER EDUCATION IS MOST IMPORTANT.

ANY QUESTIONS? COUNSELOR? ANY QUESTIONS? THANKS FOR COMING.

SHANNON COUSINS.

I SHARED AND WELCOME.

THANK YOU FOR HAVING ME TODAY.

MY NAME IS SHANNON COUSINS.

I HAVE BEEN VAPING FOR 10 YEARS, ALMOST EIGHT YEARS EXCLUSIVELY AND HEAVILY INVOLVED WITH ADVOCATING FOR THE VAPING COMMUNITY FOR OVER FIVE AND A HALF YEARS.

I AM CURRENTLY INVOLVED WITH MULTIPLE COMPANIES ON PROVIDING AND ENSURING THAT MINERS DO NOT WALK IN THE DOOR.

THEY ARE ID WHEN THEY WALK IN THE DOOR, EXCUSE ME, THEY ARE ID AND THEY ARE TURNED AWAY IMMEDIATELY.

I DO BELIEVE THAT, UM, THE MINERS DO HAVE A WAY TO BE ABLE TO GET THESE INTO THEIR HANDS BY PEOPLE THAT ARE BREAKING THE LAW BY ALLOWING THEM TO WALK INTO THE SHOP BE 18 OR 21 DEPENDING ON WHERE YOU ARE IN THE STATES.

AND UM, EXCUSE ME AND TURNING RIGHT BACK AROUND, SAME AS ALCOHOL FISHING AND TURNING RIGHT BACK AROUND AND GIVING IT TO THESE INDIVIDUAL MINERS JUST BECAUSE THEY'RE ASKED.

UM, MY GRANDFATHER WAS 91 YEARS OLD.

HE PASSED TWO YEARS AGO.

HE HAD SMOKED FOR OVER 70 YEARS.

HE WORKED FOR GENERAL DYNAMICS, WHICH WAS A VERY STRESSFUL JOB.

BUT IN THAT HE NOTICED THAT WE WERE VAPING.

HE KNEW WHEN HAD HAD HAD INTEREST.

MY GRANDMOTHER WAS NOT A SMOKER, HAD NOT SMOKED ONE DAY IN HER LIFE AND IT WAS AFFECTING HER HEALTH.

MY GRANDFATHER DECIDED THAT HE WANTED TO GO AHEAD AND SWITCH OVER INTO VAPING.

HE WOUND UP GETTING DOWN TO ZERO TO THREE MILLIGRAMS OF NICOTINE AND MY MOM SMOKED FOR 42 YEARS AND NOW HAS BEEN VAPING FOR ALMOST 10 YEARS.

WE'VE ALL STAYED AWAY FROM TOBACCO PRODUCTS BECAUSE WE HAVE ALL FOUND FLAVORS THAT HELPED US QUIT MY NIGHT.

MY 13 YEAR OLD DAUGHTER WHO IS IN EIGHTH GRADE WANTED TO BE HERE TODAY TO SPEAK ON

[00:50:01]

SHE HAS WRITTEN IN HER OWN WORDS, HER THOUGHTS.

THE LAST THING I WANT TO SEE AS TEENAGERS USING SOMETHING THAT IS MEANT TO HELP ADULTS STOP AN ADDICTION.

IT IS NOT ACCEPTABLE, BUT IT IS NOT VAPORS FAULT.

INSTEAD OF THE BAND, WE SHOULD EDUCATE MORE ABOUT VAPING INSTEAD OF MAKING LIES AND TO MAKE IT SOUND HARMFUL AND DEADLY TO PEOPLE.

I DO NOT WANT SOMETHING TAKEN AWAY THAT HAS HELPED MY WHOLE FAMILY.

THE LAST THING ANYONE MY AGE SHOULD BE WORRIED ABOUT IS IT ADULTS, BUSINESS OR ALTERNATIVES TO SMOKING? PLEASE, FOR THE SAKE OF OTHER PEOPLE'S HEALTH AND LIVELIHOOD HERE, I SAID DO NOT BAN FLAVORS.

MY NAME IS ELAINE BRIGGS.

I HAVE BEEN A RESIDENT OF ELICA HOME FOR 30 YEARS.

I'VE SPENT MY ADULT CAREER IN THE OCCUPATIONAL HEALTH AND SAFETY FIELD, UH, TRYING TO PROTECT EMPLOYEES FROM VAPORS, GASES, PARTICULATES, TOXINS.

UH, I SUPPORT THE PROPOSED BAN ON ALL E-CIGARETTE VAPING PRODUCTS.

I URGE THE COUNCIL TO JOIN THE STATE OF MASSACHUSETTS IN DOING THIS.

UH, AND SAN FRANCISCO, KROGER, WALGREENS, AND WALMART HAVE ALL BANNED SELLING E-CIGARETTE PRODUCTS.

MICHIGAN, NEW YORK, RHODE ISLAND HAVE ALL BANNED FLAVORED CIGARETTES.

UH, E-CIGARETTE FLAVORS, ILLINOIS, NEW JERSEY AND DELAWARE ARE LOOKING AT DOING THIS, UH, UNTIL THERE'S ANY FURTHER, UH, UH, SURE.

ANY FURTHER, UM, UH, RESEARCH THAT TELLS US ANYTHING DIFFERENTLY.

I URGE THIS COUNCIL TO GO AHEAD AND BAN ALL EVE VAPING CIGARETTES.

GOOD AFTERNOON, MAYOR COUNSELING.

THE NEXT THREE SPEAKERS ARE CHRIS GAS, SICK FRIENDS, SCENE HARDY AND NELLIE DEL ROSARIO.

WELL, CHRIS, WELCOME.

UM, I AS, UH, MY NAME IS CHRIS GAZDAK AND I WORK FOR A DISTRIBUTOR HERE IN HOME THAT HAS BEEN IN BUSINESS FOR 25 YEARS.

UM, I CAN TELL YOU SOME FACTS.

THE CIGARETTE SALES, TRADITIONAL CIGARETTE SALES TO ADULT CONSUMERS HAS GONE DOWN ABOUT 9% EVERY YEAR AND VAPING HAS GONE UP DOUBLE DIGITS.

THE ONE THING THAT WAS TOUCHED ON A LITTLE BIT WAS WHEN YOU BAN IT, YOU WILL SEE A BLACK MARKET GROW WITHIN THAT BLACK MARKET.

YOU HAVE NO CONTROL OF WHAT THESE PEOPLE ARE USING.

SO IN ADULTS OR CHILDREN, YOU HAVE NO CONTROL OVER THE BLACK MARKET.

SO I'D LIKE TO SEE SOME TIME ALSO MAYBE 90 DAYS TO DISCUSS WHAT MAYBE THE NMA, UM, AND GO OVER, UM, A VALID RESTRICTION.

NOT A TOTAL BAN.

MEDICALLY CALLED BRONCHIOLITIS OBLITERANS THAT WRECKS YOUR LUNGS.

HELLO, MY NAME IS FRANCINE HARDY, MARY WELLS COMMUNITY AND COUNCIL MEMBERS.

I'M A REGISTERED NURSE.

I CURRENTLY TEACH IN COGNITIVE NEUROSCIENCE AT SAN DIEGO STATE.

AND I HAVE SOME THINGS I FEEL THAT ALL OF US NEED TO KNOW ABOUT IN LAYMAN'S TERMS. SOME PEOPLE FEEL THAT VAPING IS SAFE EXPOSURE TO TOBACCO AND THC, WHICH IS THE ACTIVE INGREDIENT OF MARIJUANA.

THERE'S NO TAR DELIVERY, BUT YOU DO INHALE, UH, ACTIVE CANCER PRODUCING ELEMENTS.

YOU ALSO INHALE CARBON MONOXIDE, WHICH ROBS YOUR BRAIN CELLS AND OTHER CELLS OF OXYGEN.

THE HIGH HEAT WITH E-CIGARETTES, VAPING, BURNS AND CAN DAMAGE LUNGS, RESPIRATORY TRACT, MOUTH AND LIPS WHEN HEATED UP, UH, THE VEHICLE THAT'S DELIVERING, UH, THE INGREDIENTS IN AN E-CIGARETTE IS FOR THE, THE METALS ARE VOLATILIZED.

YOU INHALE HEAVY METALS INCLUDING LEAD.

UH, I WANNA READ SOMETHING REAL QUICK FROM CLASS.

A HEAVY METAL INHALATION.

THERE ARE METALS LIKE TIN AND NICLIN, THE HEATING ELEMENTS OR THE E-CIGARETTE DEVICE.

WHEN THESE HEAT UP THE NICOTINE FOR INHALATION, THESE HEAVY METALS ARE VOLATILIZED.

YOU BREATHE THESE INTO THE PASSAGEWAYS AND LUNGS OF YOURSELF.

THIS, UH, TWO ELEMENTS, PROPYLENE GLYCOL, GLYCOL, WHICH IS ANTIFREEZE.

YOU INHALE WHEN USING ANY SIG, THESE TWO CHEMICALS CAUSE WHAT IS COMMONLY KNOWN AS POPCORN LUNG,

[00:55:01]

UM, I'VE GOT LOTS OF OTHER STUFF I'M NOT READING.

SO, UH, THE OTHER THING I WANTED TO RUN OUT OF TIME BUT OKAY, LET ME SEE IF THERE'S A QUESTION.

SO IT MAY COUNSEL, JERRY, I'D LIKE YOU TO FINISH YOUR SENTENCE.

UM, THE OTHER THING I WOULD LIKE TO SAY IS I'M GLAD THERE'S A BAND DOES HIS EVIL FOR OUR CHILDREN, UM, FOR YOUNG ADULTS, FOR ALL OF US, FOR OUR COMMUNITY.

AND I WOULD LIKE TO SEE YOU PUT MORE TEETH INTO WHAT YOU'RE DOING HERE BY INCREASING THE PENALTY.

SO THANK YOU.

HELLO.

HI, HOW ARE YOU? WELCOME.

MY NAME IS NELLIE DEL ROSARIO.

I'M A VAPE SHOP OWNER.

UM, I GOT INTO THIS, UH, VAPING INDUSTRY BECAUSE I WAS THE ONE KID THAT DIDN'T SMOKE CIGARETTES IN HIGH SCHOOL, WHEREAS MY OTHER FRIENDS DID.

AND I'VE ALWAYS TRIED TO HELP MY FRIENDS STOP SMOKING CIGARETTES.

AND THIS WAS A BUSINESS OPPORTUNITY TO HELP OTHER PEOPLE, OTHER STRANGERS, FAMILY FRIENDS, TO HELP QUIT CIGARETTES THAT WE ALREADY KNOW THAT KILL ALMOST CLOSE TO 500,000 PEOPLE EVERY, I JUST WANTED TO SAY I WANT TO OPPOSE THE FLAVOR BAN.

UM, BECAUSE AS A RETAIL SHOP, WE EDUCATE OUR CONSUMERS WITH EVERYTHING THAT DEALS WITH VAPING.

AND THAT'S IT.

GOOD JOB.

AND LEANNA, YOU KNOW, HOLD ON ONE SECOND, PLEASE.

SIGN NOW.

NOW, NOW YOU'VE ALWAYS SAT DOWN.

UM, I DIDN'T REALIZE THAT COUNCIL MEMBER GOLDWELL WANTED TO TALK TO YOU.

SO CAN YOU COME BACK? HOW DID THE PROFIT, THE PRODUCTS THAT YOU SELL DIFFER FROM THOSE THAT PEOPLE PURCHASE OFF OF THE INTERNET? UM, I BELIEVE IN RETAILING SOURCE.

UH, I BELIEVE THE PRODUCTS THAT WE SELL IN OUR SHOP IS A REPUTABLE COMPANIES AND IT IS NOT FROM THE BLACK MARKET THAT, UH, THOSE THC CARTRIDGES I'VE BEEN KNOWN TO BE LINKED.

UM, WITH THE CDC SAYING ON THE ACTUAL WEBSITE, LINKING IT TO THC CARTRIDGES ON THE BLACK MARKET.

I, UH, SELL ONLY THINGS THAT ARE FDA APPROVED PRODUCTS THAT ARE ON THE MARKET RIGHT NOW.

ELIANA, MARVIN, REBECCA, OR ME AND MOLLY SYLVESTER ARE NEXT.

HI GUYS.

MY NAME'S ELIANA.

ROBYN.

I HOPE EVERYONE'S DOING GOOD TODAY.

UM, I'M NOT HERE TO, UM, SAY ANYTHING THAT IS NOT ACTUALLY BACKED UP BY FACTS.

I JUST WANTED TO POINT OUT THE, I DO WORK AT A VAPE SHOP AND I MYSELF SMOKED WHEN I WAS 14 YEARS OLD.

I REMEMBER I WAS OUTSIDE OF A MALL WITH SOME OLDER KIDS AND I WAS 14 YEARS OLD.

I HAD NO IDEA THAT IT WOULD LEAD TO 10 YEARS OF ME SMOKING TRADITIONAL CIGARETTES.

ABOUT THREE YEARS AGO, I WAS DRIVING ON THE HIGHWAY, UM, AND MY HOMETOWN ACTUALLY FROM WISCONSIN AND I HAD A PANIC ATTACK.

I DON'T KNOW WHY, I JUST KNEW THAT I HAD A PANIC ATTACK AND USUALLY I WOULD GO TO NICOTINE TO HELP ME SETTLE DOWN.

I WENT TO REACH FOR A PACK OF CIGARETTES AND IT MADE MY PANIC ATTACK WORSE.

AND AS I STAND HERE IN FRONT OF YOU, I AM NERVOUS CAUSE I'M NOT GOOD AT PUBLIC SPEAKING.

SO SORRY IF I'M A LITTLE SHAKY.

UM, IT WAS LITERALLY THE SAME DAY THAT I HAD THROWN AWAY THE PACK OF CIGARETTES THAT I WENT TO A VAPE SHOP AND I, I KNEW NOTHING.

I HAD SO MANY QUESTIONS TO ASK THEM AND ALL THEY DID WAS HELP ME FAST FORWARD TWO YEARS AND A HALF, TWO AND A HALF YEARS LATER.

AND I'M TOBACCO FREE.

I DON'T SMOKE AT ALL.

AND UNFORTUNATELY THERE IS A SIDE TO OUR YOUTH IS ALWAYS GOING TO HAVE SOMETHING IN OUR HANDS THAT IS FOR ADULT YOUTH.

I'M PRETTY SURE HALF OF US IN THIS ROOM CAN SAY THAT WE DID SOMETHING STUPID WHEN WE WERE TEENAGERS, BELIEVE IT OR NOT.

AND IT AFFECTED ADULT USE.

AM I RIGHT? BUT THE MATTER IS WE DO NEED REGULATIONS.

I JUST WANT TO POINT OUT THAT I'M HOLDING AN ACTUAL E-JUICE HERE.

IT'S, UM, BLUEBERRY LIMEADE, UH, IN THE INGREDIENTS INSIDE ARE APPROPRIATELY GLYCERIN, UPS, VEGETABLE, GLYCERIN, UPS, FOOD, ARTIFICIAL FLAVORING, AND NICOTINE.

THERE'S NO ANTIFREEZE.

I CAN SAY I AM NOT A DOCTOR.

I AM NOT A RADIOLOGIST CARDIOLOGIST.

BUT WHAT I DO IS I SPEAK FROM EXPERIENCE AND I HELP PEOPLE EVERY DAY THAT I CAN HELP THEM STOP SMOKING.

THAT'S MY GOAL IS I DON'T WANT ANYONE TO SMOKE FOR 10 YEARS.

I MEAN, I HAVE REPEATABLE DAMAGE TO MY HEALTH FROM THAT, THAT I'M PROBABLY GOING TO WORK UNTIL I'M AROUND MY THIRTIES OR MORE.

I JUST WANT TO SHED SOME LIGHT AND SAY, I THINK EVERY PERSON HAS A VOICE.

UM, RATHER, WE'RE AGAINST EACH OTHER OR NOT, BUT WE REALLY DO HAVE TO THINK ABOUT HOW EASY WE CAN MAKE IT FOR EVERYBODY, NOT JUST

[01:00:01]

ONE SIDE OF THE PARTY.

COME BACK FOR A SECOND.

WELL, FIRST OF ALL, I WANT TO TELL YOU, YOU DID VERY WELL.

YOU'RE A GOOD PUBLIC SPEAKER.

I JUST HAD ONE QUESTION FOR YOU.

UH, DO YOU BELIEVE WE SHOULD INCREASE THE PENALTIES FOR SELLING TOBACCO TO KIDS? I'M GOING TO SAY I DON'T AGREE WITH IT, BUT I DO THINK THAT THERE IS A WAY WHERE IT CAN BE FAIR FOR EVERYONE.

AND MANY ADD ONE MORE COMMENT.

UM, THERE WILL BE AN INCREASE IN, UM, PROBABLY BLACK MARKET IF IT IS BANNED BECAUSE UNFORTUNATELY THERE IS WAYS WHERE YOU CAN GET A HOLD OF A HUNDRED PERCENT LIQUID NICOTINE FROM ANY WEBSITE.

UH, AND PEOPLE CAN MIX THAT WITH A ZERO MILLIGRAM OF JUICE.

SO IF FLAVORS ARE BANNED, THERE'S GOING TO BE PEOPLE WHO ARE GOING TO TRY TO SINK THEIR WAY AROUND IT AND MAKE THEIR OWN JUICE.

AND THAT'S DANGEROUS BECAUSE THEY'RE NOT LIKE THE GUY WHO WORKS IN THE LAB, HE WORKS WITH ACTUAL INGREDIENTS.

AND I DIDN'T EVEN KNOW THAT THERE WAS SUCH LABS LIKE THAT.

I KNOW THAT THERE'S MANUFACTURERS WHO GO THROUGH PEOPLE LIKE THAT, BUT TO KNOW THAT THAT'S ACTUALLY EXISTED IN THIS MARKET, I DON'T THINK THERE'S LAB FOR CIGARETTE COMPANIES THAT BACKUP FACTS OF IF YOU DO THIS, IT'S SAFE.

BUT IF YOU MIX IT WITH WHATEVER THEY'RE DOING ILLEGALLY, THEN IT'S NOT SAFE.

SO AT LEAST AT LEAST VAPING COMMUNITIES, THEY HAVE THAT TO FALL BACK ON WHERE IT'S ACTUAL FACTS.

IT'S NOT JUST A BIG TOBACCO COMPANY RUINING CHILD'S LIVES.

THAT'S NOT OUR GOAL.

WE JUST DON'T LIKE 'EM TOBACCO FLAVOR JUICE.

IT'S NOT NICE.

REBECCA OR MAY, MOLLY SYLVESTER AND DANA STEVENS ARE NEXT.

YOU'RE WELCOME.

HI.

UH, I'M A LITTLE BIT THERE.

OH, SORRY.

CAN YOU JUST PULL IT DOWN? OH, THERE YOU GO.

SORRY, I'M FIVE FOOT.

I'M NOT USED TO THIS.

SO, UH, I'M ACTUALLY A COWORKER OF ELIANA'S.

WE BOTH WORK TOGETHER AT FRESH VAPES AND I DON'T REALLY HAVE A BUNCH OF FACTS AND STATISTICS TO THROW AT YOU, BUT WHAT I DO HAVE TO THROW AT YOU IS I WAS ADOPTED AS A CHILD AND I DIDN'T GET TO MEET MY BIOLOGICAL PARENTS UNTIL I WAS 19.

BY THEN, I WAS ALREADY GROWN AND THEY WANTED TO BUILD A RELATIONSHIP WITH ME.

HOWEVER, MY BIOLOGICAL FATHER HAD BEEN SMOKING CIGARETTES SINCE HE WAS 12.

HE NOW 57 BECAUSE OF THIS INDUSTRY THAT I FOUND MYSELF IN AND I SAW THE BENEFITS OF, YOU KNOW, ALL MY COWORKERS, MY FAMILY, EVERYTHING LIKE THAT.

I WAS ABLE TO GET MY 57 YEAR OLD BIOLOGICAL FATHER ONTO VAPING AND NOW HE HAS CIRCULATION BACK IN HIS HANDS AND FEET.

HE CAN RUN, HE CAN JUMP, HE CAN BE ACTIVE AND HE'LL BE ABLE TO SEE HIS KIDS GROW UP, HIS GRANDKIDS GROW UP AND MAYBE IF WE'RE LUCKY, HIS GREAT GRANDKIDS GROW UP AND HE WAS ACTUALLY ABLE TO GO OUT AND DO SOMETHING HE LOVED, WHICH WAS RACING.

HE OF 57 YEAR OLD MAN OUT THERE GOING 180 MILES AN HOUR BECAUSE HE WAS ABLE TO QUIT SMOKING VIA VAPING.

HE WAS ABLE TO KNOCK IT DOWN TO ZERO MILLIGRAMS NICOTINE.

DURING THE THREE MONTHS PRIOR TO THIS PROCEEDING ILLNESS.

HI EVERYBODY.

MY NAME IS MOLLY SYLVESTER AND THANK YOU FOR ALLOWING ME TO HAVE A VOICE HERE TODAY.

UM, I JUST WANT TO MENTION THAT, UM, I DON'T BELIEVE THAT THIS PRODUCT IS UM, SAFE, BUT IT'S DEFINITELY LESS HARMFUL FROM ALL THE STATISTICS THAT I'VE READ IN THE REPORTS THAT I'VE SEEN.

I BELIEVE THAT WE'RE DEALING WITH TWO SEPARATE ISSUES HERE.

UM, WE HAVE THE, UM, KEEP IT OUT OF THE HANDS OF OUR YOUTH AND WE NEED TO GET THE PUBLIC AWARENESS OUT THERE AS TO WHAT PRODUCT IS CAUSING THE SICKNESS AND THE ILLNESS THAT IS HAPPENING IN THESE LAST FIVE MONTHS OF THIS OUTBREAK THAT'S GONE ON.

I'M GOING TO FOCUS ON THE, UM, IMPORTANCE OF GETTING THAT INFORMATION OUT THERE.

AND MY, ONE OF MY PARTNERS IS GOING TO TALK MORE DIRECTLY ABOUT THE YOUTH ESSEX BECAUSE OF OUR TIME HERE.

SO THE FDA HAS UM, DISCLOSED THAT, UM, ALL THE LIQUIDS THAT THEY HAVE TESTED, THAT THERE HAVE BEEN NONE OF THE INGREDIENTS OF THE VITAMIN E ACETATE.

THAT HAS BEEN ONE OF THE BIG CULPRITS THAT THEY HAVE.

UM, STATED THE FDA SAYS DON'T USE THC VAPES, FDA, UM, AS LUNG INJURY, DEATH TOLL INCREASES OF VAPING PRODUCTS OF ANY KIND OBTAINED OFF THE STREET.

UM, THEY SAY THAT THEY WILL WITHHOLD THE EXISTING LAWS BUT WILL NOT IMPOSE A FLAVOR BAN.

THEY SAY THAT THEY HAVE TOLD THE STATE OFFICIALS ON WEDNESDAY THAT LAB TEST FOUND NOTHING UNUSUAL IN THE NICOTINE PRODUCTS THAT AMID COLLECTED FROM THE SICK PATIENTS.

AND I WANT TO MAKE NOTE THAT ALL OF US HAVE HAD TO, UM, UH, REGISTER OUR INGREDIENTS WITH THE FDA.

UM, IF YOU, UH, AND THEY SAY IF YOU TAKE ANY ADULT SMOKER AND FULLY SWITCHED THEM OVER OR, UH, TO E-CIGARETTES, THAT WOULD HAVE A SUBSTANTIAL HELP ON, UM, PUBLIC HEALTH.

UM, THE CDC SAYS USE OF THC CONTAINING E-CIGARETTE PRODUCTS, THE MAJORITY OF WHICH WERE PRE-FILLED CARTRIDGES OBTAINED FROM INFORMAL SOURCES OR WAS REPORTED BY 87% OF THE PATIENTS

[01:05:01]

THESE PRODUCTS HAD BEEN ON THE MARKET AND SOLD ACROSS THE, UM, THE WORLD FOR OVER 10 YEARS.

THIS IS AN OUTBREAK THAT'S HAPPENED IN THE LAST FIVE TO SIX MONTHS.

COMMON SENSE LEADS US TO THE CONCLUSION THAT THERE'S SOMETHING NEW OUT THERE THAT IS THIS DAMAGE.

OH MAN.

THANK YOU FOR COMING.

I JUST HAD YOU IN THE VAPING BUSINESS.

I DO USE YOUR, THE ONE BY THE OLD, UH, IN AND OUT BURGER.

YOU KNOW, YOU'RE NOT IN THE CITY LIMITS.

IT'S A COUNTY THAT YOU'RE PROBABLY GONNA WANT TO GO TO CAUSE THEY HAD THE SAME THING COMING UP.

I'M, I'M, YES, I'M TALKING TO THEM.

I JUST WONDER IF IT'S OKAY TO LET JOE BARTOW GO AHEAD OF ME CAUSE SHE HAS TO LEAVE.

THANK YOU FOR ALLOWING ME TO SPEAK BEFORE MY TURN.

I HAVE A MEETING TO GET TO, BUT JUST IN YOUR PACKETS TONIGHT WAS THE CONE VALLEY UNION SCHOOL DISTRICT.

WE VOTED TO HAVE RESOLUTION TO LOOK AT BANNING THE FLAVORS OF THE VAPING DEVICES.

UM, AND I ABSOLUTELY SUPPORT THAT.

UM, I HAD A PERSONAL EXPERIENCE WITH VAPING.

I DON'T VAPE, NEVER HAVE, NEVER WILL.

BUT BECAUSE I INHALED SOME VAPING FROM SOMEWHERE NEARBY, I ENDED UP SICK AND IN THE HOSPITAL WITH PNEUMONIA.

AND THAT IS A GREAT CONCERN TO MYSELF AND TO OUR CHILDREN AND OUR COMMUNITIES.

WE HAVE CHILDREN IN OUR SCHOOLS FROM K TO EIGHT AND THEY HAVE ACCESS TO THE FLAVORS, MOST PARTICULARLY THE FLAVORS BECAUSE THEY ARE MARKETED TO OUR CHILDREN.

YOU CAN GO TO ANY SEVERAL 11 STORE TODAY AND BUY A VAPING DEVICE FOR 99 CENTS.

IF THAT'S NOT MARKETING TO OUR CHILDREN, I DON'T KNOW WHAT IS, IF FLAVORED VAPING, UM, JUICES, UM, ARE NOT MARKETING TO OUR CHILDREN BY HAVING GUMMY BEARS, UM, OTHER FLAVORS THAT OUR KIDS USE AND LIKE EVERY SINGLE DAY, THEN I DON'T KNOW WHAT HE IS.

I WOULD SUPPORT YOU, UM, BANNING THE FLAVORS AND THEN LOOK INTO IT.

MAYBE GIVE IT A 90 DAY TRIAL, SEE HOW IT WORKS.

AND ALSO I WOULD ENCOURAGE ANY FINES TO BE DOUBLED OR TRIPLED ON ANY STORE SELLING PRODUCTS TO CHILDREN.

I THINK THAT NEEDS TO BE THE STIFFEST PENALTY POSSIBLE AND I THINK NOT ENOUGH IS BEING DONE AND I THINK WE NEED TO LOOK AT DOING MORE.

OH, I'M SORRY JILL.

JOE, I'M NOT KEEPING UP WITH THIS.

UM, STEVE HAD A QUESTION FOR YOU.

SO AS A TRUSTEE FOR OUR LOCAL SCHOOL DISTRICT, WHERE DO YOU THINK KIDS ARE GETTING THESE PRODUCTS AND DEVICES? UM, I HAVE TALKED TO SOME ADULTS, SOME ADULTS THAT, UM, I'VE ASKED THEM ABOUT THEIR KIDS AND THEY'VE ACTUALLY ALLOWED THEIR KIDS TO TALK TO ME.

THEY EITHER BUY THEM FROM HIGH SCHOOLERS, ESPECIALLY IN OUR MIDDLE SCHOOLS AT THE LOCAL PARKS AND SOME OF THEM MAY HAVE FAMILY AND FRIENDS THAT GET THEM FORM.

A COUPLE OF PEOPLE I SPOKE TO, I'VE ACTUALLY BOUGHT THEM IN THE STORES.

THEY GIVE THE TELLER FOUR OR FIVE BUCKS FOR A DOLLAR ITEM AND THE TELLER IS GOING TO TURN THEIR HEADS.

OKAY, THANK YOU.

UH, JILL, WHAT, WHAT AGE OR WHERE YOU SEE THESE KIDS? VAPING.

WHAT, WHAT'S TYPICAL? AND WE'RE SEEING IT MORE IN OUR MIDDLE SCHOOLS AND I BELIEVE IT'S ONLY TIME UNTIL YOUNGER KIDS, BUT IT'S NOT ONLY THE KIDS THAT ARE VAPING, IT'S THE KIDS THAT PARENTS ARE VAPING AND HAVING THIS TOXIC CHEMICALS IN SOME OF THE VAPING JUICES.

NOT ALL OF THEM, BUT SOME OF THEM ARE DUE.

AND THAT'S WHAT'S HURTING OUR KIDS.

THAT'S WHAT DAMAGED ME.

THAT'S WHAT MADE ME HAVE PNEUMONIA IS BECAUSE OF THE VAPING.

I DID NOT PERSONALLY VAPE, BUT WE'RE HAVING PARENTS VAPE OLDER, UM, YOUTH.

THEY BEEN IN CARS WITH KIDS OR AROUND KIDS AND IT'S CAUSING THEM DAMAGE.

UH, JILL, RIGHT NOW, THE PENALTY FOR THE FIRST TIME IS EITHER $1,000 OR 30 DAYS SUSPENSION OF THE LICENSE AND YOUR MIND, WHAT WOULD BE REASONABLE? I THINK 30 DAYS MINIMUM AND I THINK FOUR TO $5,000 MINIMUM.

WE HIT IT IN THEIR POCKET BOOKS.

OH, THESE LIQUOR STORES AND TOBACCO.

VAPING GROUPS HAVE A LOT OF MONEY AT THEIR, AT THEIR POCKET BOOKS.

$2,000 TO THEM IS NOTHING AND I THINK WE NEED TO MAKE IT STIFF PENALTIES.

THIS IS ILLEGAL AND THIS IS JUST NOT RIGHT TO OUR COMMUNITIES.

OH, THANK YOU.

TRUSTEE BARTO.

BILL, I HAVE A FOLLOW UP QUESTION.

[01:10:01]

ONE MORE QUESTION.

SO THE FLAVORS THAT ARE MARKETED TO KIDS I THINK ARE A CONCERN FOR EVERYBODY.

DANA STEVENS, ELIZABETH MARTIN AND RUSSELL WEBB, THE RESOLUTIONS IN THIS PACKET.

I HEARD FOR ONE PRIOR SPEAKER THAT THEY ARE FREELY AVAILABLE ON THE INTERNET.

YOU CAN BUY THE JUICE, YOU CAN BUY THE NICOTINE AND YOU CAN MIX YOUR OWN STUFF, UH, ANY WAY YOU WANT TO.

IF WE, IF SOMEDAY WE DECIDED TO BAN THE FLAVORS FROM THESE RETAIL SHOPS, DO WE PUT OUR KIDS AT EVEN GREATER RISK BECAUSE THE PRODUCT, BECAUSE THE PRODUCT THAT, THAT THEY GET FROM FAMILY OR FRIENDS IS MORE DANGEROUS BECAUSE IT'S BEEN COOKED INSTEAD OF FDA APPROVED THROUGH A RETAILER.

WHAT'S YOUR THOUGHT ON THAT POINT OF VIEW? JUST LIKE DREADS.

JUST LIKE DRUGS AND ALCOHOL.

WE CAN OUTLAW THEM.

WE CAN ALCOHOL, UM, MARIJUANA.

WE CAN ALCOHOL, COCAINE, WE CAN ALCOHOL, OUTLAW ALCOHOL, BUT ALCOHOL WITH HIS, HE WAS IN A BAND.

IT CAN BE MADE AT HOME.

WE CAN MAKE, WE HAVE DRUGS THAT ARE BEING SOLD TO OUR KIDS AND MARKETED TO OUR KIDS AND LACED WITH FENTANYL, OTHER DANGEROUS DRUGS IF IT IS GOTTEN, IT CAN BE GOTTEN.

BUT WE HAVE TO AS A COMMUNITY, TAKE A STAND AND SAY SOME OF THIS IS HARD FOR OUR AIR, UM, DETRIMENTAL TO OUR COMMUNITY AND TO OUR YOUTH SPECIFICALLY.

AND IF WE DON'T TAKE A STAND AND MAKE A DIFFERENCE, THEN ARE WE ANY BETTER? OKAY, THANKS.

THANKS JOE.

THANKS FOR COMING.

MR MAYOR.

UH, MS BARTOW MADE REFERENCE TO A LETTER OR A RESOLUTION FROM THE SCHOOL DISTRICT THAT WAS NOT INCLUDED IN YOUR PACKET BECAUSE THIS AGENDA ITEM ISN'T SPECIFICALLY ABOUT VAPING, BUT I'LL MAKE SURE THE COUNCIL GETS A COPY OF THAT.

I APPRECIATE THAT.

YOU'RE GETTING IT NOW.

SORRY ABOUT THAT.

WELLS AND COUNSEL, THANK YOU FOR HEARING DECIDED TONIGHT.

I WANT TO BEGIN BY, I'M THINKING GRAHAM FOR THE PRESENTATION ON THE TOBACCO RETAILER LICENSING AND I WANT TO BEGIN BY AGREEING ON PROVIDING SUPPORT TO THE STAFF RECOMMENDATION TO INCREASE THE FINE.

UM, FOR THE TOBACCO RETAILERS WHO VIOLATE, UM, A $2,500 IS, IS CERTAINLY A MINIMUM AMOUNT.

AND I ALSO AGREE WITH THE MANDATORY SUSPENSION FOR OUR FIRST TIME VIOLATOR.

UM, HE'S RIGHT, WE'RE SEEING WAY TOO OFTEN THE FIRST TIME VIOLATE VIOLATORS.

THEY SPEND $1,000 FINE.

IT'S NOTHING TO THEM.

IT'S THE COST OF DOING BUSINESS.

$2,500 IS NOT MUCH.

I DON'T THINK IT'S ENOUGH FOR THE MARIJUANA VIOLATORS EITHER, BUT THAT'S ANOTHER COUNCIL MEETING, I PRESUME.

UM, SO THE OTHER THING I BELIEVE, UM, THAT GRANDMA'S RIGHT ON WITH THE INCREASE IN, UM, IN THE LENGTH OF TIME FOR THE SUSPENSION.

UM, WE'VE BEEN AT THIS A LONG TIME ON THAT TOBACCO RETAILER LICENSING.

WE SAW HUGE IMPROVEMENTS IN SALES TO MINORS AND THEN, UH, WE DID BEGIN TO SEE AN INCREASE.

SO I WANNA I WANT TO SUPPORT THOSE RECOMMENDATIONS.

THEN A COUPLE OF OTHER ITEMS REGARDING THE, UM, THE VAPING DEVICES.

FIRST I WANT TO CLARIFY, THERE IS NO FDA APPROVAL FOR ANY OF THE VAPING DEVICES OR ANY OF THE JUICES.

UM, 100% OF THE JEWEL PRODUCTS CONTAIN NICOTINE AND THERE IS NO SCIENCE THAT SUPPORTS, UM, THE, UH, VAPING DEVICES AS A, UM, AS A CESSATION DEVICE.

ALTHOUGH THERE ARE APPROVED CESSATION DEVICES REGARDING THE, UM, WHERE DO YOUNG PEOPLE GET THE VAPING DEVICES? A STUDY HAS BEEN RELEASED AND UM, IT INDICATES THAT, UM, 6%, 6%, UM, GET THEIR VAPING DEVICES FROM THE INTERNET.

THIS IS AMONG YOUTH AND A 74% GET THEIR, UH, VAPING DEVICES FROM A RETAIL SALE LOCATION, BRICK AND MORTAR STORE.

AND THAT'S WHAT WE'RE SEEING HERE IS THE FLAVORED TOBACCO PRODUCTS ARE WHAT OUR DECOYS ARE BUYING AT THE RETAIL STORES HERE.

WHEN WE SWITCHED OVER TO THE BUYING THE FLAVOR DEVICES, THAT'S WHEN WE STARTED GETTING THE HIGHER, UM, SALES.

IN 2009, THE FDA, UM, STOPPED THE, UM, THE, UH, ALLOW ALLOWING ANY FLAVOR TOBACCO PRODUCTS WITH THE EXCEPTION OF MENTHOL.

AND THAT'S WHEN THE INDUSTRY, I THINK ONE OF THE OTHER SPEAKERS SPOKE TO THE, UH, REDUCTION IN TOBACCO SALES EVERY SINGLE YEAR.

THEY NEEDED A NEW SOURCE OF INCOME.

AND WHAT DID THEY DO? THEY CREATED THESE FLAVORS.

15,500 FLAVORS ARE KNOWN RIGHT NOW TO BRING IN A NEW GENERATION OF

[01:15:01]

TOBACCO PRODUCT USERS.

ALL OF THE VAPING DEVICE COMPANIES ARE OWNED BY TOBACCO INDUSTRY.

NO, LET'S, LET'S, UH, PLEASE KEEP THINGS CIVIL.

I RESCUED A CHANCE TO TALK AND, UH, CAN I SEE MY TIME? IS THAT BILL? YES SIR.

OH, WHAT DOES THE CDC AND THE SURGEON GENERAL SAY ABOUT VAPING? NO, I WANT YOU TO DO IT.

I MEAN, THAT'S THE SAME AS IT HAD BEEN COMING OUT, HAVE BEEN SAYING STOP VAPING, PERIOD.

UM, I THINK THIS THREAT THAT THERE'S GOING TO BE A BLACK MARKET FOR VAPING DEVICES IS THE SAME THREAT WE HEARD FROM THE MARIJUANA INDUSTRY THAT IF WE DON'T COMMERCIALIZE, WE'RE GOING TO HAVE ALL THIS BLACK MARKET.

AND GUESS WHAT? THE BLACK MARKET IN CALIFORNIA FOR MARIJUANA HAS QUADRUPLED SINCE 2016 WE DIDN'T GET RID OF THE BLACK MARKET WHEN WE COMMERCIALIZED MARIJUANA.

WE GAVE THEM COVER.

IT GAVE THEM COVER TO SELL A BLACK MARKET PRODUCT.

CALIFORNIA PRODUCES THREE TIMES MORE MARIJUANA THAN IS SOLD IN CALIFORNIA.

THAT'S BLACK MARKET.

ANY OTHER QUESTIONS? I'M SORRY, STEVE, TO GIVE US A SENSE OF PERSPECTIVE.

WHAT DOES A 30 DAY SUSPENSION, UH, DO FOR SALES? HOW, WHAT KIND OF SALES ARE WE LOOKING AT? DO YOU HAVE ANY RESEARCH STUDIES? WELL, UM, WE'VE, WE BROUGHT YOU BEFORE THE RESEARCH STUDY FROM THE INDUSTRY JOURNAL, UH, THAT TALKS ABOUT, UM, TOBACCO PRODUCTS THAT COUNT FOR ABOUT $800,000 WORTH OF SALE AT THE AVERAGE, UM, AT THE AVERAGE CONVENIENCE STORE.

SO IF YOU TAKE THAT AND YOU JUST DIVIDE BY 12, UM, THAT'S WHAT I DID AND CAME UP WITH A NUMBER OF TIMES A MONTH OR SO ABOUT THAT.

SO 2,500 IS NOTHING.

UM, ALL RIGHT, THANK YOU.

DO YOU KNOW YOU WERE INVOLVED WITH A LOT OF THESE THINGS.

WHAT DO YOU KNOW ABOUT THIS ALLEGED PHONE TREE THEY HAVE? WELL, UM, AS WE WERE PREPARING FOR THIS MEETING, WE, UM, WE WANTED TO GET BETTER, UH, DATA FOR YOU, SPECIFICALLY THE, UH, VAPING PRODUCTS.

AND SO WE, UM, WE WENT OUT AND WE STARTED, UM, MAKING, MAKING BUYS JUST TO SEE WHAT WE COULD GET FOR VAPING PRODUCTS.

AND IN THE FIRST HANDFUL OF SIRS, WE WENT TO ONE OF OUR, UM, ONE OF OUR YOUNG PEOPLE IS FLUENT IN MULTIPLE LANGUAGES AND, UM, UNDERSTANDS THE ARABIC AND I COULD HEAR THEM, UH, KIND OF SCREAMING ON THE PHONE ABOUT THE, THEY'RE OUT, THEY'RE COMING OUT, THEY'RE TRYING TO, THEY'RE TRYING TO CATCH US, UM, AND CALLING ON THE PHONE TO OTHER PEOPLE DON'T SELL TO ANYBODY.

SO WHILE WE'VE ALWAYS HEARD ABOUT IT, WE ACTUALLY HAD SOMEONE TO WITNESS THAT JUST IN THE LAST COUPLE OF WEEKS.

CAUSE AT FIRST HE WENT ON TV, GARY TALKING ABOUT IT.

SORRY I MISSED UP YOUR STING.

YES YOU DID.

I HAVE A QUESTION ABOUT THE FDA.

SO, UM, I'M CONFUSED.

IS THERE ANY GOVERNMENT AGENCY THAT VALIDATES THE APPROVAL OF ANY OF THESE DEVICES OR ARE THEY JUST BEING SOLD WILLY NILLY? NO, THE F SO THE FDA DOES NOT CURRENTLY REGULATE THE VAPING INDUSTRY HAD A TIMELINE TO PROVIDE DOCUMENTS, UM, TO MOVE THROUGH AN FDA APPROVAL PROCESS AND AM IN THE LESSON ADMINISTRATION AT THE VERY END.

THEY REQUESTED AN EXTENSION ON THAT AND THEN THEY'VE RECENTLY BEEN GRANTED ANOTHER EXTENSION.

SO WHILE THEY ARE SUPPOSED TO GO THROUGH AN APPROVAL PROCESS THAT HAS NOT OCCURRED AT THIS TIME.

SO JUST TO BE CLEAR, IF I WANTED TO GO TO A MANUFACTURER BAKE VAPE CIGARETTES AND SELL THEM, I WOULDN'T HAVE TO GET ANY KIND OF APPROVAL FROM THE GOVERNMENT.

NO.

IT'S NOT ALWAYS A GENTLEMAN.

Y'ALL GOING TO GET A CHANCE TO SPEAK AND THERE MAY BE A DIFFERENT LITTLE PITY THAT I'M GLAD TO HEAR WHAT SHE HAS TO SAY.

IT'S NOT, IF YOU'RE ASKING ABOUT THE FDA, THERE'S NOT, UH, THE, THE APPROVAL PROCESS TIMELINE HAS BEEN EXTENDED.

NOW, IF A COMPANY HAS GONE THROUGH THAT PROCESS, BUT TO DATE THE FDA SAYS THEY DO NOT HAVE AN APPROVAL PROCESS FOR ELECTRONIC SMOKING DEVICES AT THIS TIME.

YOU KNOW, 12 CASES TO 22 CASES OVER A WEEKEND AND THEY'RE STILL GOING THROUGH THE .

AND THEN I'M READING THAT THIS, THIS LIPID PNEUMONIA IN MOST OF THE CASE, I THINK SOME 80 SOME PERCENT WERE, CAME FROM, UM, CANNABIS CARTRIDGES THAT WERE NOT ILLEGAL TO BUY AT A STORE, BUT YOU BUY ON THE INTERNET.

IS THAT TRUE? THAT'S NOT WHAT I BELIEVE TO BE TRUE.

WHAT DO YOU, WELL, TELL ME WHAT YOU BELIEVE TO BE TRUE.

OH, WELL, I JUST HAVEN'T SEEN THAT RESEARCH.

I MEAN, I, I DON'T KNOW HOW THAT COULD BE, UM, THE FINAL RESEARCH WHEN EVEN HERE IN SAN DIEGO COUNTY, WE WENT FROM,

[01:20:01]

YEAH, NO, THAT WAS, IT WAS A FIERY, IT WAS, I'M, I WAS READING ON THE MAYO CLINIC WEBSITE AND IT WAS ANECDOTAL EVIDENCE.

THEY DON'T KNOW, BUT WHAT THEY'RE, WHAT THEY'RE SAY IS THEY'RE THERE.

MOST OF THE PATIENTS ARE TELLING THEM THAT THEY'RE BUYING, UM, CANNABIS BASED, UH, CARTRIDGES OFF THE INTERNET.

AND I'M JUST WONDERING IF THAT, IF YOU HAD ANY KNOWLEDGE ABOUT THAT.

I WOULDN'T SAY THAT.

NO MURDER.

I GUESS THAT WOULD MEAN INSTEAD OF A THOUSAND DEAD FROM THE, FROM ALL DIFFERENT SOURCES, IT WOULD BE JUST 800 DEAD FROM THE CANNABIS AND 200 DEAD FROM THE OTHER THINGS.

COOL.

WELL, I, I'M SORRY I MISSED, I MISSPOKE.

THAT WOULD BE 20 DEAD FROM THE, YOU KNOW, OVERALL AND THAT'S WHEN IT'S DEAD FROM HOW MANY, HOW MANY HAVE DIED FROM, FROM, FROM THESE, FOR THIS CAMP, THIS CANNABIS, I'M A LIPID BASED LUNG INFECTION.

HOW MANY, HOW MANY DEATHS ARE THEY AROUND? I THINK THERE WAS ABOUT , I WOULDN'T CALL IT A CANNABIS BASED LIPID DISEASE.

WHAT WE HAVE READ IS 20.

THERE'S BEEN 19 DEATHS AND OVER 1,080 HOSPITALIZATIONS.

MY TEAM THIS, YEAH.

I JUST WANT TO REMIND YOU THAT THE FDA DOES HAVE A PROCESS, UM, WHEN IT COMES TO RADIATING THE FOOD THAT YOU EAT.

UM, AND ON THE FDA'S WEBSITE, YOU AND YOU CAN VERIFY THIS AT, UH, TWO ILLNESSES, YOUR LETTUCE, YOUR ROMAINE, YOUR GREEN ONIONS, YOUR SPINACH ARE REMOVED BECAUSE THAT TO ILLNESSES IS CONSIDERED AN OUTBREAK.

WE HAVE 19 DEAD AND OVER A THOUSAND HOSPITALS.

THAT'S A SERIOUS PROBLEM THOUGH.

NO DOUBT.

THAT'S WHAT THE FDA CALLS AN OUTBREAK TO REMOVED FROM THE SHELVES.

BY THE WAY.

ANY MORE QUESTIONS? THANKS FOR ALL THE GOOD WORK YOU AND YOUR GROUP DO.

MY NAME IS ELIZABETH MARTIN.

I AM A RESIDENT OF OKLAHOMA.

I AM A BREAST CANCER SURVIVOR AND A VOLUNTEER WITH THE AMERICAN CANCER SOCIETY ON THE BOARD OF THE AMERICAN CANCER SOCIETY.

AND I WORK WITH THE AMERICAN CANCER SOCIETY CANCER ACTION NETWORK.

NOW, BEFORE YOU JUDGE ME, UM, WHAT I, WHAT I'VE HEARD HERE IS THAT THERE IS A LOT OF PEOPLE WHO SMOKED WHEN THEY WERE YOUNG AND THEY USE VAPING TO GET OFF OF, TO KICK THE HABIT AS A CESSATION TOOL.

I THINK THAT'S AMAZING.

IF THESE PEOPLE STARTED OUT AS SMOKERS, SMOKERS OF CIGARETTES, AND THEN MOVE TO A NON NICOTINE VAPING, THAT'S AWESOME.

YOU ALSO HAVE TO REALIZE THEY WERE KIDS WHEN THEY START AT BIG TOBACCO TARGETED THESE PEOPLE WHEN THEY WERE KIDS, WHICH IS WHAT THEY CONTINUE TO DO.

AND IF THEY WERE ADDICTED AT THAT YOUNG AGE AND SMOKED FOR DECADES UNTIL VAPING CAME ALONG AND NOW THEY'RE NICOTINE FREE BEER AND THEY'RE USING VAPING, LET'S STOP IT NOW.

SO OUR KIDS DON'T HAVE TO GO THROUGH THAT.

MY MAIN THING HERE IS OUR KIDS, THEY'RE TARGETING OUR YOUTH AND WE KNOW THEY'RE TARGETING OUR YOUTH WITH THESE FLAVORS.

WHO ELSE WOULD REALLY WANT CANDY CANE? WELL, I SHOULDN'T ASK THAT QUESTION, BUT YOU KNOW, THERE ARE SOME CORE, THERE ARE SOME FLAVORS THAT, YOU KNOW, THEY'RE TARGETING OUR YOUTH.

AND THIS IS NOTHING NEW.

THIS IS NOTHING NEW.

WE HAVE TRIED TO DO THIS FOR NICOTINE IN THE AFRICAN AMERICAN.

I MEAN, UH, WITH, UM, MENTHOL CIGARETTES IN THE AFRICAN AMERICAN COMMUNITY FOR DECADES AND WE'VE GOT NOWHERE NOW THEY'RE TARGETING OUR YOUTH.

LET'S DO SOMETHING ABOUT IT.

LET'S HELP OUR YOUTH LEAD, UH, A HEALTHY LIFE AT A YOUNG AGE.

SO WHEN THEY GET OLDER, THEY DON'T HAVE TO TRY TO FIND A CESSATION TOOL.

WE CAN ASSIST OUR KIDS AND KEEP THEM AS HEALTHY AS WE POSSIBLY CAN.

THIS IS A QUESTIONS, QUESTIONS SHOOT.

SO IF WE BAT THE ONLY PLACE WE COULD EVEN POSSIBLY BAN THIS STUFF IS IN RETAIL SHOPS.

IF WE DO THAT, DOES THAT SOLVE THE PROBLEM? NO, THAT HELPS.

BUT IT DOESN'T SOLVE OUR PARENTS.

THE PARENTS HAVE TO GET INVOLVED.

ADULTS HAVE TO GET INVOLVED AND ENSURE THAT THESE, THESE DEVICES ARE KEPT OUT OF OUR CHILDREN'S HANDS.

OF COURSE, I KNOW, I BELIEVE ME, I KNOW I'VE GOT GRANDKIDS, SO I KNOW THAT YOU CAN'T STOP EVERYTHING, BUT YOU CAN MAKE IT HARDER.

YOU COULD MAKE IT MORE DIFFICULT AND HELP.

HOPEFULLY WITH THE BACKING OF THE PARENT,

[01:25:01]

DO YOU BELIEVE THERE'S A RISK? UH, IF WE BANNED THEM FROM RETAILERS THAT THE STUFF THAT THE KIDS GET FROM FRIENDS AT THE PARK FAMILY MEMBERS BECOMES MORE DANGEROUS BECAUSE IT'S LESS, UH, VOUCHED FOR, UM, NO, I REALLY DON'T FEEL THAT WAY.

UM, BECAUSE I FEEL THAT WHEN YOU'RE A KID, YOU'RE, YOU'RE GOING WITH, YOU'RE DOING WHAT YOUR PEERS DO.

IF YOUR PEERS ARE DOING THIS, YOU'RE GOING TO DO IT.

IF THEY DON'T, THEN HOPEFULLY THEY'LL FIND AN ALTERNATIVE THAT'S, THAT'S HEALTHIER.

BUT NO, I, I DON'T AGREE WITH THAT.

JUST QUICK QUESTION.

YOU'VE BEEN DOING THIS A LONG TIME, SO THERE'S LOCAL GOVERNMENT, THERE'S STATE GOVERNANCE, FEDERAL GOVERNMENT.

UM, IS IT THE ROLE OF THE LOCAL URBAN TO BE DOING THIS OR WOULD THIS BE BETTER SERVED AT THE STATE OR FEDERAL LEVEL? YOU WANT MY HONEST OPINION.

AND I DON'T HAVE, I DON'T HAVE AN ANGLE ON THAT.

I, THAT'S, THAT'S ONE OF THE HEARTBURN THINGS I HAVE ABOUT THIS IS THAT THIS FEELS LIKE IT'S KIND OF OUT OF OUR WAY.

IT FEELS LIKE IT SHOULD BE THE FEDERAL GOVERNMENT DEALING WITH THIS.

I WANT TO KNOW WHAT YOU HAVE THOUGHT.

I FEEL MY OPINION, IF YOU WANT TO GET SOMETHING DONE, YOU HAVE TO START LOCALLY.

YOU HAVE TO START GRASSROOTS AND GET IT DONE.

AND THEN YOU, YOU, YOU SPEAK TO YOUR CONGRESSMAN, YOU GO TO THE HILL, YOU LOBBY FOR WHAT YOU WANT, BUT IT HAS TO START LOCALLY.

DEBRA KELLY, ROGER DOHERTY, I RUSSELL, WELCOME.

WELL THANKS FOR COMING AND THANKS FOR THE GOOD WORK YOU DO WITH THE CANCER RUSSELL WEB.

MY NAME IS RUSSELL WEBB AND I'M A SENIOR AT GRANITE HILLS HIGH SCHOOL AND I'M HERE TODAY BECAUSE I BECOME EXTREMELY CONCERNED WITH THE NORMALIZATION OF VAPING AND STUDENTS' LIVES AND ESPECIALLY ON MY HIGH SCHOOL CAMPUS.

SO I'M NOT HERE TODAY TO TALK ABOUT THE STATISTICS OR OUR MEDICAL CONCERNS CONCERNING CONSIDERING VAPING.

I JUST WANTED TO PROVIDE A PERSPECTIVE FROM A NON-SMOKING STUDENT AND JUST FOCUS ON A SPECIFIC ASPECT OF WHAT I EXPERIENCE ON A DAY TO DAY BASIS.

SO I BEGAN TO NOTICE A SIGNIFICANT INCREASE IN THE AMOUNT OF STUDENTS VAPING AROUND TWO YEARS AGO.

AND THE PROBLEM HAS BEEN ESCALATING EVER SINCE.

AND FOR WHAT? FROM WHAT I HAVE SEEN THE VAPING IS VAPING HAS NO CULTURE.

IT KNOWS NO AGE, GENDER, ETHNICITY, EVERYBODY VAPES.

THE ATHLETIC KIDS VAPE, THE HONORS KIDS VAPE, THE COLLEGE PREP KIDS VAPE.

AND THEIR PARENTS VAPE AND AT THIS POINT IT'S SAD TO SAY THAT I FEEL LIKE IT'S BECOME A PART OF HIGH SCHOOL CULTURE.

YOU COULD ASK THE MOST INNOCENT NAIVE FRESHMEN IF THEY KNOW WHERE THE KIDS GO TO VAPE AND THAT FRESHMEN WILL TELL YOU THAT THEY ALL GO TO THE BATHROOM ON MY HIGH SCHOOL CAMPUS.

THIS IS NOT COUNTING THE LOCKER ROOMS. THERE ARE FIVE MAIN BATHROOMS AND TWO OF THOSE FIVE BATHROOMS ARE PERMANENTLY CLOSED DUE TO VAPING AND BY LUNCH THEY CLOSE ANOTHER BATHROOM BECAUSE THEY KNOW THAT KIDS WILL GO ON THERE TO VAPE.

SO IF MY MATH IS CORRECT, THIS LEAVES JUST TWO BATHROOMS FOR OVER A CLASS OF 1000 MALE STUDENTS.

AND LIKEWISE FOR FEMALE STUDENTS, YOU CAN ONLY IMAGINE WHAT KIND OF CHAOS THIS CREATES.

I WAS NOT SURPRISED TO FIND OUT THAT CLOSING A COUPLE OF BATHROOMS DOES NOT.

SCOTT DOES NOT STOP AND NICOTINE ADDICTION, SO THE ADDICTED WILL STILL GO TO ANY BATHROOM WHERE THEY CAN VAPE.

I'VE SEEN IT GET SO BAD THAT, AND THIS IS NO EXAGGERATION, 40 TO 60 KIDS WILL BE IN THE SAME SMALL BATHROOM IN AN AREA THAT IS NOT MUCH BIGGER THAN WHAT I SEE IN FRONT OF ME AND A LARGE PORTION OF THOSE STUDENTS ARE SMOKING.

WHEN I USE THE RESTROOM.

STUDENTS WHO I'VE NEVER SPOKEN TO BEFORE, I WALKED AND ASKED ME IF I HAVE A BATTERY OR OR CARDI AND SOME SOMETIMES THIS STUFF, I DON'T EVEN KNOW WHAT IT IS.

THIS GIVES ME A REALLY OFF FEELING BECAUSE THEY REMIND ME OF DESPERATE BEGGARS, HOMELESS, BEGGARS ON THE STREET.

THEY SAY IT TAKES 21 DAYS TO CREATE A HABIT AND 90 FOR A LIFESTYLE.

I URGE YOU TO TAKE COURAGE AND YOUR VOTE THIS AFTERNOON BECAUSE I DO NOT WANT TO SEE MY FRIENDS TURN A NICOTINE ADDICTION INTO A LIFESTYLE.

DEBORAH KELLY, ROGER DOHERTY.

MY NAME IS DEBORAH KELLY AND I AM SPEAKING AS A CONCERNED CITIZEN WHO IS OUTRAGED AT THE FAILURE OF GOVERNMENT TO PROTECT OUR KIDS FROM THE DUAL THREATS OF FLAVOR TOBACCO PRODUCTS AND ELECTRONIC SMOKING DEVICES.

FLAVORED TOBACCO PRODUCTS TASTES LIKE CANDY, BUT ACT AS POISONS AND KIDS DON'T SMOKE MARIJUANA.

THEY VAPE IT.

CONGRESS BANNED FLAVORED COMBUSTIBLE CIGARETTES 10 YEARS AGO.

TODAY'S SMOKERS DON'T HAVE ACCESS TO FLAVORED CIGARETTES EXCEPT FOR MENTHOL, BUT E-CIGARETTES COME IN A RANGE OF KID-FRIENDLY FLAVORS.

THEY'RE WIDELY AVAILABLE AND TEENS ARE VAPING AT FRIGHTENING RATES.

SMOKERS DON'T REALLY NEED FLAVORS, BUT THE TOBACCO AND VAPING INDUSTRY DO.

IT'S TRUE.

CONGRESS SHOULD HAVE BAN FLAVOR TOBACCO PRODUCTS AND REGULATING ELECTRONIC

[01:30:01]

SMOKING DEVICES A LONG TIME AGO, BUT THEY DIDN'T.

WE DOUBT THAT THEY WILL.

THEY CAVE TO THE TOBACCO INDUSTRY.

THEY PUT PROFITS OVER PEOPLE AND NOW YOUNG PEOPLE ARE DYING FOR THE PAST 25 YEARS BECAUSE I'VE WORKED WITH COUNCIL MEMBERS, KENDRICK AND AND MCCLELLAN, THE ALCOHOLS CITY COUNCIL HAS BEEN A LEADER IN SAN DIEGO COUNTY IN PROTECTING PEOPLE FROM SECONDHAND SMOKE AND KEEPING TOBACCO OUT OF THE HANDS OF KIDS.

I URGE YOU TO CONTINUE THAT LEGACY AND SAY NO TO TOBACCO AND YES TO PROTECTING OUR KIDS FROM THESE THREATS.

VERY INTERESTING CONVERSATION.

LENSES GEL AND WE'RE GOING TO TAKE A SHORT FIVE MINUTE BREAK AND WE WILL BE BACK TO CONTINUE THIS.

OKAY, WE ARE BACK.

GRAHAM, DID YOU, MR MAYOR, THERE WAS A, THERE WAS SOME DIALOGUE BETWEEN A PUBLIC SPEAKERS AND THE AUDIENCE ABOUT FDA REGULATION OF ELECTRONIC DEVICES OR, AND FDA'S WHERE THEY CALL THEM ENDS ELECTRONIC NICOTINE DELIVERY SYSTEMS. SO JUST TO POINT OUT DURING THE BREAK, WE DID GO TO THE FDA WEBSITE AND DETERMINE THAT IN 2016 THE FDA DID FINALIZE SOME REGULATIONS THAT EXTEND AUTHORITY OVER ALL TOBACCO PRODUCTS, INCLUDING ELECTRONIC NICOTINE DELIVERY SYSTEMS. THAT INCLUDES THE DEVICE E LIQUIDS, CARTRIDGES, ATOMIZERS, UH, CERTAIN TYPES OF BATTERIES AND UH, WORDS I DON'T UNDERSTAND.

SO, UM, IT DOES LOOK LIKE THERE IS SOME FDA IRREGULAR IS FDA REGULATION OVER THOSE PRODUCTS.

UM, AND THE MARKETING AND PACKAGING OF THEM.

OH, IT'S GOOD TO HAVE CLARITY.

ANGELA, WE HAVE A SPEAKER WHO IS CHOMPING AT THE BIT OBVIOUSLY.

SO, UM, YES, WE HAVE 38 MORE SPEAKERS AND AGAIN, MR ROGER DOHERTY, SHANE DUFFY AND LAKISHA SALAMI.

, WHO'S OUR, WHO'S OUR GENTLEMAN HERE.

YES, SIR.

OH, YOUR NAME AGAIN? ROGER.

DORIE.

THANK YOU FOR COMING.

MR. MAYOR MEMBERS OF THE COUNCIL, UM, AS A BOARD MEMBER OF THE AMERICAN HEART ASSOCIATION, A REPRESENTATIVE OF KAISER PERMANENTE AND A LOCAL RESIDENT.

I'M HERE TO SUPPORT ENHANCEMENTS TO THE TOBACCO RETAIL LICENSING AS DESCRIBED BY STAFF EARLIER AS WELL AS STRATEGIES THAT KEEP VAPING PRODUCTS OUT OF THE HANDS OF OUR YOUTH.

THE AMERICAN HEART ASSOCIATION AND KAISER PERMANENTE ARE DEEPLY CONCERNED ABOUT THE METEORIC RISE IN YOUTH VAPING LAST YEAR.

TEEN E-CIGARETTE USAGE SPIKES 78% THIS REPRESENTS THE SINGLE LARGEST ANNUAL JUMP IN THE USE OF ANY SUBSTANCE EVER RECORDED.

THE CENTER FOR DISEASE CONTROL RELEASED STATISTICS RECENTLY THAT INDICATE THAT AS MANY AS ONE IN FOUR HIGH SCHOOL STUDENTS ARE VAPING CURRENTLY THE INCREASED USE IS IN LARGE PART DUE TO THE ACCESS TO FLAVORED TOBACCO AND E-CIGARETTE PRODUCTS.

TODAY.

AS HAS BEEN MENTIONED EARLIER, THERE ARE OVER 15,000 UNIQUE FLAVORS OF LIQUID NICOTINE AND THAT NUMBER HAS DOUBLED SINCE 2014.

THESE FLAVORS ARE DESIGNED TO APPEAL TO YOUTH AND THEY INCLUDE FRUIT, CANDY AND MINT FLAVORS.

THE PACKAGING IS ALSO DESIGNED TO APPEAL TO YOUTH.

KIDS ARE ENTICED WITH SWEET CANDY FLAVORS AND THEN ARE HOOKED WITH STRONG HIT OF NICOTINE.

WE ENCOURAGED THE CITY TO CONSIDER PERMANENTLY RESTRICTING THE SALE OF FLAVORS AND NICOTINE PRODUCTS TO HELP KEEP FUTURE GENERATIONS FROM EVER PICKING UP THE DANGEROUS ADDICTION TO TOBACCO AND OTHER NICOTINE PRODUCTS.

WE ALSO ADD THAT PARENTAL INFLUENCE, EVEN AMONG THE MOST DILIGENT PARENTS, IS OFTEN OVERSHADOWED BY THE WIDESPREAD ACCESS AND YOUTH FOCUSED MARKETING CITY OF LA.

THE CITY OF EL CAHONE HAS AN OPPORTUNITY TO TAKE A BOLD STEP TO PROTECT YOUNG PEOPLE IN THIS COMMUNITY.

YOU CAN JOIN STATES, YOU CAN JOIN THE OTHER STATES THAT HAVE TAKEN ON THIS CHALLENGE LIKE ILLINOIS, MICHIGAN, NEW YORK, MASSACHUSETTS, RHODE ISLAND, NEW JERSEY, DELAWARE, THE 25 JURISDICTIONS THROUGHOUT THE STATE OF CALIFORNIA AND ACTUALLY 29 INTERNATIONAL COUNTRIES THAT ARE ADDRESSING THIS ISSUE CURRENTLY.

I ENCOURAGE, I ENCOURAGE YOU TO TAKE THE NEXT STEP TO PROTECT THE HEALTH OF OUR YOUTH AND I'M HAPPY TO ANSWER ANY QUESTIONS.

ANY QUESTIONS, SIR? THANK YOU FOR COMING.

YES SIR.

WHEN ARE YOU GOING TO BUILD A HOSPITAL? YOU KNOW, EVERY, EVERY, YOU KNOW, AT LEAST YOU'RE CONSISTENT.

THANK YOU SIR FOR ASKING THAT QUESTION.

WE STILL, KAISER PERMANENTE STILL HAS A THREE HOSPITAL STRATEGY IN THIS COUNTY OF SAN DIEGO.

WE HAVE LAND ENTITLED IN NORTH COUNTY.

WE HAVE THE LAND HERE IN L CONE AND AS YOU KNOW, OUR RECENT HOSPITAL THAT OPENED IN 2017.

SO THAT IS, IT IS STILL ON THE DOCKET.

WE'RE JUST LOOKING FOR A CAPITAL AND A TIMING IS THE ISSUE.

BUT THANK YOU FOR ASKING.

THANKS FOR COMING TO YOU.

ALMOST MADE IT JUNE.

OKAY,

[01:35:03]

UH, MY NAME IS SHANE DUFFY.

UH, I'M A JUNIOR AT THE UNIVERSITY OF SAN DIEGO AND I JUST WANTED TO PROVIDE THE POINT OF VIEW OF A COLLEGE STUDENT BUT ALSO AS WORKING WITH CASA, I WAS THE, THE YOUTH THAT WOULD GO INTO THESE STORES AND ATTEMPT TO PURCHASE AS WELL.

AND SO AS FAR AS, UH, THE COLLEGE EXPERIENCE, UH, I THINK THAT RUSSELL SAID IT WELL EARLIER.

UM, AS FAR AS BATHROOMS GO, YOU WALK INTO THE BATHROOM, THAT'S IMMEDIATELY WHAT YOU SEE PEOPLE DOING AND IT'S JUST OVERWHELMING.

UM, BUT BEYOND THAT, YOU ALSO SEE, UH, CAUSE THE STUDENTS, THEY CAN'T SIT THROUGH A 55 MINUTE LECTURE WITHOUT HITTING THEIR JEWEL.

AND THIS IS IN EVERY CLASS THAT I'M IN.

THEY, THEY, THEY NOT JUST NOT, IT'S JUST THAT THEY WANT TO, THEY ACTUALLY NEED TO, TO FOCUS CAUSE THIS IS JUST SO ADDICTIVE AND IT'S ADDICTING THEM SO FAST TO WHERE THEY JUST CAN'T STOP.

UH, I'VE, I'VE, I'VE HAD FRIENDS, I'VE HAD MY PEERS WHO WILL PURPOSELY SKIP MEALS.

SO DID THEY, THEY, THEY, THEY COULD SAVE MONEY SO THEY, THEY COULD BUY JEWEL.

THERE WAS A FRIEND OF MINE WHO SKIPPED THREE DAYS OF MEALS SO THAT SHE COULD SAVE MONEY JUST TO BUY THE JEWEL CAUSE SHE'S SO ADDICTED SO FAST.

UM, THIS IS REALLY AFFECTING COLLEGE STUDENTS ON ALL LEVELS AND IN THEY'RE SPINNING THE BOTTOM OF THEIR BACON COUNTS BECAUSE THEY'RE SO ADDICTED TO THIS.

AND THEN BEYOND THAT, UM, WHEN I WAS WORKING WITH THE COMPLIANCE CHECKS, UM, I'VE BEEN DOING THIS FOR FOUR YEARS AND I'VE SEEN THAT CULTURE CHANGE OR SPECIFICALLY SURROUNDING THESE, THESE FLAVORS.

THIS IS SOMETHING THAT IS DIRECTLY MARKETED TO YOUTH BUBBLEGUM, MANGO.

LIKE, OF COURSE, OF COURSE THEY'RE GOING TO SELL TO YOUTH.

WHEN I WALK IN.

UM, THAT'S, THAT'S THE FIRST THING THAT I ASKED FOR.

CAUSE THAT'S WHAT MY FRIENDS ARE BUYING AND THAT'S WHAT THEY'RE, THAT'S WHAT THEY'RE SELLING TO.

YOU KNOW.

UM, AND I BROUGHT SOME EVIDENCE.

I DIDN'T BUY THIS ONLINE.

I BOUGHT THIS DIRECTLY IN THE STORE.

UM, THIS IS, THIS IS STUFF THAT WE, THAT WE'VE DONE OVER THE YEARS AND, AND WE'VE, WE'VE BOUGHT THESE IN THIS STORES IN REGARDS TO THE EARLIER SPEAKER ABOUT WHO THIS HURTS FROM THE COMMUNITY, FROM THE COMMUNITY, THAT THIS IS ALREADY HURTING AND IS CONTINUING TO HURT.

SOMETHING HAS TO BE DONE.

I'M TIRED OF HAVING THE SAME CONVERSATION WITH SCARED COLLEGE KIDS WHO ARE NOW SEEING DEATHS WHO ARE NOW SEEING PEOPLE GO INTO THE HOSPITAL WHO, WHO ARE, WHO ARE CRYING, WHO CAN'T STOP AND THEY'RE ALREADY RELYING ON SOMETHING THAT THEY KNOW IS HURTING THEM.

TRAN, MENTHOL CIGARETTES PAUSE.

THANKS FOR COMING.

LET ME SEE IF THERE'S ANY QUESTIONS.

STEVE, WHERE ARE YOUR FRIENDS GETTING THE PRODUCT? THEY'RE GETTING IT FROM STORES, FROM STORES.

THEY DON'T GO ONLINE OR FRIENDS.

THEY GO TO A STORE TO BUY IT.

I HAVE NOT HEARD ANY, ANY PERSON, NONE OF MY PEERS I'VE HEARD HAVE BOUGHT IT ONLINE.

GOOD AFTERNOON EVERYONE.

MY NAME IS LAKISHA AND I'M WITH THE AMERICAN LUNG ASSOCIATION.

DEAR MAYOR WELLS AND THE ELCA HOME CITY COUNCIL MEMBERS ON BEHALF OF THE AMERICAN LUNG ASSOCIATION IN CALIFORNIA, THE LEAD IN PUBLIC HEALTH ORGANIZATION FIGHTING TO REDUCE AND PREVENT HARMFUL EFFECTS OF TOBACCO YOUTH.

I'M WRITING TO EXPRESS OUR SUPPORT FOR STRONG POLICIES THAT PROVIDE CONSISTENT PROTECTIONS FOR YOUTH AND RESTRICT AND FLAVORED TOBACCO CITYWIDE, INCLUDING MENTHOL.

EACH YEAR IN CALIFORNIA, NEARLY 40,000 ADULTS DIE FROM SMOKING RELATED CAUSES AND 9,200 KIDS BECOME NEW DAILY SMOKERS.

ACCORDING TO A SWIMMING 12 REPORT OF THE U S SARGENT GENERAL TOBACCO COMPANIES HAVE A LONG HISTORY OF USING FLAVORED TOBACCO PRODUCTS TO ENTICE NEW YOUNGER CUSTOMERS.

EIGHT OUT OF 10 YOUTH SMOKERS REPORT THAT THEY INITIATED TOBACCO USE WITH THE FLAVORED TOBACCO PRODUCT AND THE YOUNGER A PERSON IS THE MORE LIKELY THEY WILL BE TO USE THE FLAVOR TOBACCO PRODUCT.

DESPITE THE FDA'S 2009 BAN ON THE SALE OF FLAVORS CIGARETTES, THE MARKET FOR OTHER TYPES OF FLAVORED TOBACCO PRODUCTS SUCH AS CIGARS AND E-CIGARETTES IS GROWING RAPIDLY.

ADDITIONALLY, MENTHOL FLAVORS WERE EXCLUDED FROM THE FDA BAN DESPITE THE EVIDENCE THAT MENTHOL IS ALSO A DRIVING FACTOR IN TOBACCO INITIATION.

VERY LITTLE IS KNOWN ABOUT THE HEALTH EFFECTS OF ELECTRONIC CIGARETTES AND OTHER AEROSOL THAT THAT THEY RELEASED OR WHAT THE HEALTH CONSEQUENCES OF THEM MIGHT BE.

THERE WAS NO EVIDENCE THAT SHOWS THE AEROSOL EMITTED BY E-CIGARETTES IS SAFE FOR NINE USERS TO INHALE.

WHAT WE DO KNOW IS THAT THESE CIGARETTE THAT THESE PRODUCTS ARE ESPECIALLY IN TYSON TO YOUTH WHO HAVE BEGUN USING THEM AT ALARMING RATES, E-CIGARETTE USE AMONG MIDDLE AND HIGH SCHOOL STUDENTS IS HIGHER THAN THAT OF TRADITIONAL TOBACCO PRODUCTS, BUT EFFECTIVE POLICIES TO INCLUDE E-CIGARETTES AND OUR TOBACCO CONTROL LAWS CAN CURB

[01:40:01]

THAT.

A SIGNIFICANT AND UNIQUE HEALTH RISK.

MENTHOL.

CIGARETTE SMOKERS ARE TYPICALLY MORE ADDICTED AND HAVE A HARDER TIME QUITTING THE SMOKERS OF NON MENTHOL CIGARETTES AND ADDITION MENTHOL CIGARETTES ARE THOUGHT TO MAKE HARMFUL CHEMICALS MORE EASILY ABSORBED AND TO RESTRICTIONS ON THE SALE OF FLAVORED TOBACCO PRODUCTS.

LINDA BARBER AND LINDA WEBB.

ANY QUESTIONS? NOPE.

THANKS FOR COMING.

MY NAME IS LINDA BARBER.

I'M WITH THE AMERICAN CANCER SOCIETY CANCER ACTION NETWORK.

I WAS HERE WHEN YOU PASS YOUR INITIAL STRONG TOBACCO RETAIL LICENSE AND I AM IN FULL SUPPORT OF YOUR RECOMMENDATIONS TO INCREASE FEES, MAKE SUSPENSION BE A REQUIREMENT FOR THE FIRST VIOLATION.

WHATEVER YOU CAN DO TO REDUCE, UH, ILLEGAL SALES TO YOUTH IS A REALLY IMPORTANT FACTOR.

UM, I ALSO WANTED TO ADD THAT WE REALLY WOULD ENCOURAGE THE CITY TO INCREASE THE REGULATION OF FLAVORED TOBACCO PRODUCTS.

UM, WE KNOW THAT THE INDUSTRY IS MARKETING TO KIDS AND THE FDA HAS ITS ROLE.

THE STATE HAS ITS ROLE, BUT LOCAL JURISDICTIONS CAN TAKE EFFECTIVE ACTION TO REDUCE FLAVORS, FLAVORS, HOOK KIDS.

IT'S A FACT AND YOU CAN DO SOMETHING ABOUT IT.

SO I'D ENCOURAGE THE CITY TO TAKE THAT ACTION AS WELL.

SO YOU WANT ME TO SAY ANY QUESTIONS? NO, BUT THANK YOU.

UM, MY NAME IS LINDA WEBB AND I'M HERE AS A PARENT.

I HAVE THREE TEENAGE BOYS AND I ALSO AM AN EX SMOKER AND I'VE HEARD A LOT OF, UH, THINGS FROM BOTH SIDES TODAY AND THERE'S THINGS TO AGREE ON, ON BOTH SIDES.

UM, I WANT TO SHARE MY STORY BRIEFLY WITH YOU.

I STARTED SMOKING BACK IN THE 80S AND I WAS 15 YEARS OLD AND I TRIED A REGULAR NON-FLAVORED CIGARETTE AT THAT TIME AND THOUGHT IT WAS DISGUSTING AND CHOKED AND IT WAS GROSS.

AND THEN A LITTLE WHILE LATER, MY FRIEND SMALL MOM SMOKED MENTHOL CIGARETTES AND SHE SAID, TRY THIS.

IT'S FLAVORED.

AND SO I DID AND THAT ONE WASN'T SO BAD.

I ACTUALLY LIKED THAT ONE.

I WENT ON TO BE A SMOKER FOR THE NEXT 15 YEARS AND I DID NOT WANT TO BE A SMOKER FOR MOST OF THOSE 15 YEARS.

I WOULD TRY TO QUIT, I WOULD TRY TO CUT BACK, BUT THE NICOTINE ADDICTION, AS WE ALL KNOW, IS SO STRONG.

THEY EQUATE IT TO TRYING TO QUIT HEROIN, WHICH I HAVE NEVER TRIED, BUT SMOKING CIGARETTES, QUITTING SMOKING CIGARETTES WAS THE HARDEST THING I EVER DID AND I COMMEND THOSE PEOPLE THAT HAVE FOUND VAPING TO HELP THEM QUIT.

HOWEVER, THERE ARE OTHER METHODS.

I USED THE PATCH ON MY ARM THAT DELIVERED NICOTINE INTO MY SYSTEM WHILE I WAS WEARING THAT PATCH AND THEY HAD DIFFERENT PATCHES TO CUT BACK TO WEEN OFF THE NICOTINE.

I ALSO ATTENDED A 12 STEP MEETING CALLED NICOTINE ANONYMOUS, WHICH I FOUND EXTREMELY HELPFUL AND VALUABLE.

IT WAS BASED OFF THE 12 STEPS OF ALCOHOLICS ANONYMOUS AND THERE WAS A SUPPORT GROUP WITHIN THAT THAT I ATTENDED MEETINGS FOR THREE YEARS AND TOOK CHIPS.

THERE WERE PEOPLE AT THAT MEETING THAT HAD 15 YEARS.

WE CALL IT SMO BRI AT T.

IT WAS A WONDERFUL WAY TO QUIT.

I MADE GREAT FRIENDS AND I DIDN'T NEED VAPING.

I BELIEVE TRULY AND STRONGLY THAT FLAVORS HOOK KIDS.

AND I AM HERE TODAY TO SUPPORT YOU 100% IN BANNING ALL FLAVORS.

I'M NOT SAYING I 100% BAN VAPING.

I DON'T KNOW ABOUT THAT.

I'M A PARENT WITH TEENAGERS AND I HAVE MY OWN PERSONAL EXPERIENCE WITH FLAVORS.

SO THANK YOU.

LET ME SEE IF ANY QUESTIONS FOR YOU STEVE.

SO IF, UH, AM I TAKING AWAY THE RIGHTS OF AN ADULT WHO PREFERS A FLAVORED UH, SOLUTION INSTEAD OF A PATCH? YES, BECAUSE AT FOUR KIDS, I'M SORRY, BUT I HUNDRED PERCENT VERY, VERY EMOTIONALLY AGREE THAT ADULTS CANNOT HAVE IT OVER 21 YEAR OLDS CAN'T HAVE IT BECAUSE IF THEY DO, KIDS WILL GET IT.

I DID, I GOT IT FROM A PARENT OVER 21.

TO SELLING IT TO AN UNORIGINAL PERSON.

[01:45:01]

THANKS A LOT.

I APPRECIATE IT.

THE NEXT TWO NAMES I WILL CALL, THEY DO NOT NEED TO SPEAK.

THEY DON'T WISH TO SPEAK, BUT THEY DO, UM, UM, THEY SUPPORT THE ITEM AS RECOMMENDED BY STAFF AND THAT'S JIM AND LOD RAMON.

GREAT.

I, I REALLY APPRECIATE THAT.

WE, UH, WE ACTUALLY HAVE OTHER BUSINESS TO DO TONIGHT AND I'D LIKE TO GO HOME BEFORE TOMORROW, BUT THAT'S UH, UM, IF YOU, UH, SO LET'S GO AHEAD AND KEEP GOING.

THE NEXT THREE NAMES, JAMES MITCHELL, RICHARD HOBART AND MARK .

HELLO SIR, WELCOME.

GOOD AFTERNOON MAYOR AND THANK YOU FOR LISTENING TO ME TODAY.

UH, GOOD AFTERNOON COUNCIL MEMBERS.

I APPRECIATE AND SHARE THE SAME COMPASSION AND CONCERN REGARDING YOUTH IN THE COMMUNITY AND OVERALL CONCERN FOR PUBLIC HEALTH.

AS ALL OF YOU ON THE COUNCIL DO AS A VAPE SHOP OWNER, I OPENED MY STORE TO SHARE MY, MY STORY OF SMOKING A PACK AND A HALF OF CIGARETTES FOR THE PAST 25 YEARS OF MY LIFE BY USING FLAVORED VAPE PRODUCTS, ADULTS WHO LIKE MYSELF SET OUT AN ALTERNATIVE TO TRADITIONAL TOBACCO PRODUCTS AND UNTIL RECENT YEARS COULD NEVER FIND THE LESS HARMFUL ALTERNATIVE TO ESCAPE A DEATH SENTENCE THAT COMBUSTIBLE CIGARETTES LEAD TO NOW IS THE OPPORTUNITY FOR US TO EMBRACE THIS HARM REDUCTION TECHNOLOGY AND IMPLEMENT SOLUTIONS TO KEEP THESE SAME VAPE PRODUCTS OUT OF THE HANDS OF YOUTH.

AT THE SAME TIME, IT IS IMPERATIVE FOR US TO RECOGNIZE THE BENEFIT TO PUBLIC HEALTH FOR THESE PRODUCT FLAVOR PRODUCTS PRESENT TO ADULTS AS AN ALTERNATIVE TO TRADITIONAL TOBACCO PRODUCTS THAT KNOWINGLY KILL 1300 PEOPLE EVERY SINGLE DAY IN THE UNITED STATES.

ACCORDING TO PUBLIC HEALTH ENGLAND, WE HAVE A TECHNOLOGY BEFORE US THAT IS A 95% LESS HARMFUL PRODUCT THAN CIGARETTES AND HAS THE POTENTIAL TO SAVE MILLIONS OF HUMAN LIFE YEARS WORKING TOGETHER.

WE CAN COME UP WITH SOLUTIONS SUCH AS RESTRICTING SALES OF THESE PRODUCTS TO BE SOLD IN AGE RESTRICTED TOBACCO.

SPECIALTY STORES REGULATE THE MAXIMUM PERCENTAGE OF NICOTINE IN THE LIQUIDS BAN ONLINE SALES.

HOWEVER, OBVIOUSLY THAT MIGHT NEED TO BE TAKEN UP AT A STATE LEVEL, HOLD RETAILERS ACCOUNTABLE THROUGH FINES AND REVOCATION OF LICENSING AND HOLDING OUR YOUTH ACCOUNTABLE AS WELL.

CURRENTLY, THERE'S NO FINES, THERE'S NO COMMUNITY SERVICE, A LACK OF EDUCATION.

ALL OF THESE THINGS WILL BE BENEFICIAL TO YOUTH SOLUTIONS SUCH AS THESE WILL PROTECT OUR YOUTH BY PROHIBITING THEIR ACCESS AND USE BANNING FLAVORED TOBACCO PRODUCTS.

WILL NOT ONLY WILL NOT RESOLVE THESE ISSUES, HOWEVER, WOULD CONTRIBUTE TO THE ONGOING ISSUES, ONGOING ILLNESSES AND DEATHS OUTBREAKS THAT WE ARE CURRENTLY SEEING FROM BLACK MARKET, THC CARTERS ACCORDING TO CDC AND THE FDA.

IT WILL ALSO HAVE A NEGATIVE IMPACT ON PUBLIC HEALTH AS CURRENT VAPORS WILL SEEK ALTERNATIVES TO SUCH AS THE BLACK MARKET OR THEY WILL GO BACK TO TRADITIONAL TOBACCO PRODUCTS THAT SORRY TO INTERRUPT YOU.

YOU HAVE TO WRAP IT UP.

WE'RE ABOUT RUNNING OUT OF TIME BECAUSE YES, THIS IS MY LAST SENTENCE.

BLACK MARKET A CON BACK TO COMBUSTIBLE SIP TOBACCO PRODUCTS THAT WILL KNOWINGLY KILL THEM.

SIR.

THANK YOU FOR COMING.

UM, HOW DO YOU FEEL ABOUT SUBSTANTIAL INCREASES IN PENALTIES FOR PEOPLE THAT GET CAUGHT SELLING TOBACCO PRODUCTS TO CHILDREN COUNCIL MEMBER KENDRICK? I APPRECIATE THE QUESTION.

I AGREE WITH SUBSTANTIAL PENALTIES TOWARD TOBACCO RETAILERS THAT SELL TO UNDERAGE MINORS.

WHAT WOULD YOU THINK ABOUT THREE MONTHS SUSPENSION THE FIRST TIME? LET'S SEE IF I A THOUSAND DOLLAR FINE.

I THINK, I THINK IT NEEDS TO BE A REASONABLE AMOUNT OF SUSPENSION OR A FINE MORE OR LESS ON THE SIDE OF SUSPENSION RATHER THAN FINE INCREASE THE FINES ON THE FINANCIAL SIDE OF THINGS.

HOWEVER, A THIRD, A 90 DAY A REVOCATION OF LICENSING WOULD, MOST OF US ARE SMALL BUSINESS OWNERS.

90 DAYS WOULD MAKE US GO OUT OF BUSINESS.

HOWEVER, I DO BELIEVE THAT A ONE YEAR ROLLING PERIOD OF SUCH INFRACTIONS INSTEAD OF THIS FIVE-YEAR BS.

I AGREE AND I HAVE SOLUTIONS I HAVE GIVEN EACH ONE OF YOU COUNCIL MEMBERS AND THE MAYOR I DROPPED WITH HAVE DROPPED OFF SOME SOLUTIONS FOR YOU GUYS TO TAKE A LOOK AT.

WE ARE CONCERNED ABOUT THE YOUTH ACCESS TO THESE PRODUCTS.

DON'T YOU ASK FOR THE DRIVER'S LICENSES? WE ID EVERY SINGLE PERSON THAT LOOKS UNDER THE AGE OF 30 YEARS OLD.

OH, YOU HAVE SOME THAT SLIP THROUGH? I DO NOT.

I HAVE NOT ONCE BEEN, NOT ONCE HAS OUR STAR BEEN IDENTIFIED

[01:50:01]

SO A LOT OF THESE ISSUES THAT ARE HAPPENING TO UNDERAGE SALES ARE HAPPENING IN CONVENIENCE STORES, GAS STATIONS, SUPERMARKETS, A LOT OF THE VAPE SHOPS THAT ARE REPRESENTED HERE TODAY.

WE CARE ABOUT OUR COMMUNITY.

WE GOT INTO THIS INDUSTRY BECAUSE WE'RE NOT A PART OF BIG TOBACCO.

WE DESPISE BIG TOBACCO.

WE KNOW HOW IT AFFECTED OUR LIVES WHEN WE WERE ADDICTED TO THAT SAME PRODUCT THAT THEY CURRENTLY CONTINUE TO SELL AND CONTINUE TO HURT INDIVIDUALS.

AND IF WE DID A 60 DAY SUSPENSION, IF WE CAUGHT SOMEONE SELLING TO KIDS, I MEAN IF YOU DON'T SELL THE KID, YOU'VE GOT NOTHING TO WORRY ABOUT.

YOU'RE A HUNDRED PERCENT CORRECT IN THAT.

BUT I THINK AT THE SAME TIME AS A BUSINESS OWNER, I CANNOT ALWAYS BE AT MY STORE.

I RELY ON INDIVIDUALS THAT I HIRE THAT MIGHT NOT HAVE THE SAME COMPASSION, ALTHOUGH I DO MY DUE DILIGENCE AND MAKING DAMN SURE THAT THEY HAVE AS MUCH COMPASSION TO NOT TO SELL TO KIDS.

NOW DID YOU HAVE ONE OF THOSE REGISTERS WHERE YOU HAD TO PUT THE, TO MAKE THE SALE WHERE YOU PUT THE DRIVER'S LICENSE IN AND CAN TELL WHAT THE, YOU KNOW AS FAR AS THE AGE VERIFICATION SYSTEMS? YES, WE HAVE SOME OF OUR STORES HAVE THAT AND INCLUDED IN THE PACKET I'VE GIVEN YOU, I'VE HAD, I HAVE THAT AS ONE OF THE SOLUTIONS TO THE CAMERAS.

I HAVE A, I'D HAVE, I DO NOT USE IT UTILIZE A CAMERA.

CURRENTLY I DO HAVE A SYSTEM THAT IT HAS THE ABILITY TO USE, BUT I THINK RIGHT NOW IS NOT THE FORUM TO DISCUSS 90 DAYS, 60 DAYS.

I N AMONG OTHER BUSINESS OWNERS ARE WILLING TO WORK WITH THE COUNCIL FOR SOLUTIONS THAT WILL BE OF PUBLIC BENEFIT AND WILL RESTRICT THE YOUTH SALES AND AND CONSUMPTION OF THESE PRODUCTS.

PEOPLE ON THE OTHER SIDE OF YOUR POINT OF VIEW WOULD SAY, WHY ARE YOU EVEN CARING KID FLAVOR FRIENDLY PRODUCT IN THE FIRST PLACE? WHAT DO YOU SAY TO THAT POINT OF VIEW? WELL, COUNCIL MEMBER IS A GLOBAL, GLOBAL, GLOBAL.

I LIKE MANY OTHER ADULTS.

WE LIKE ICE CREAM FLAVORS.

WE LIKE FLAVORS.

AND A RECENT STUDY THAT I READ UP TO 80% OF CURRENT VAPORS UTILIZE FLAVORED PRODUCTS, FLAVORED TOBACCO PRODUCTS TO KEEP THEM AWAY FROM COMBUSTIBLE CIGARETTES.

THEY DON'T LIKE THE TASTE OF TOBACCO.

THEY WANT TO GET AWAY FROM THAT.

THEM SMOKING OR EXCUSE ME, THEM VAPING.

A PRODUCT THAT TASTES LIKE TOBACCO GETS THEM BACK IN THAT MINDSET OF SMOKING AND THEY DON'T WANT THAT.

AND THAT'S, I MEAN, THE STUDIES, ALL OF THIS INFORMATION HAS BEEN INCLUDED PACKETS AVAILABLE THAT, UH, WE DROPPED OFF EARLIER THIS AFTERNOON FOR YOU GUYS.

UH, BE MORE THAN WELCOME TO SIT DOWN WITH INTERVIEW AND ALL OF YOU, UH, THIS, THIS IS NOT A BIG TOBACCO TRYING TO PROFIT OFF OF KIDS.

I WOULD SAY 95 TO 99% OF THE COMPANIES IN THE VAPING INDUSTRY ARE NOT BIG TOBACCO COMPANIES.

THEY ARE SMALL BUSINESS OWNERS LIKE MYSELF ALL ACROSS THIS COUNTRY.

THANK YOU, SIR.

UH, ANY OF YOU THAT WOULD LIKE TO ATTEND.

WELCOME.

THAT'S A TOUGH ACT TO FOLLOW.

UM, UH, MY NAME'S RICHARD HOBART.

UM, I'M A VAPE SHOP OWNER.

I'M IN SAN DIEGO, UH, VAPING THE 609.

AND ACTUALLY, UH, JAMES MITCHELL AND MOLLY SYLVESTER'S, UH, BUSINESS PARTNER THERE.

UM, JAMES ALREADY HAD OUTLINED A LOT OF THE RECOMMENDATIONS THAT WE HAVE TO ADDRESS YOUTH PREVENTION, WHICH IS A PROBLEM THAT, UM, WE ALSO WANT TO ADDRESS.

UM, THERE WAS SOME THAT HE DID NOT MENTION, WHICH I'LL GO OVER WITH YOU.

UM, RIGHT NOW, UM, WE DISCUSSED, UH, STRICT AND STIFF STRONGMAN SALES PENALTIES.

UM, WE RECOMMEND ISSUING CITATIONS ALONG WITH STIFF FINES AND OR COMMUNITY SERVICE FOR ANYONE CAUGHT FACILITATING PURCHASES ON BEHALF OF A MINOR.

UM, RE-INSTATE CITATIONS FOR MINORS CON IN POSSESSION OR USING, UH, TOBACCO PRODUCTS.

UM, CONSEQUENCES TO INCLUDE FINES, EDUCATION AND COMMUNITY SERVICE.

UM, HOLDING MINERS ACCOUNTABLE TO THEIR ACTIONS, UH, IS A VERY IMPORTANT KEY TO DETERRING THE USE OF TOBACCO PRODUCTS.

UM, THE CURRENT CONSEQUENCES OF SCHOOL SUSPENSION, WHICH PLACES BURDEN AND HARDSHIPS ON PARENTS AND THERE'S A LESSON LOST ON MINORS.

UM, AND WE ALSO RECOMMEND REGGIE EDUCATIONAL ASSEMBLIES TO INFORM YOUTH OF THE CONSEQUENCES AND RISKS OF USING ALL 21 AND OVER PRODUCTS SUCH AS TOBACCO, CANNABIS, AND ALCOHOL.

UM, INCURRING SUCH PENALTIES WILL DISCOURAGE THEM FROM WANTING TO ACQUIRE AND USE, UH, YOUTH RESTRICTED PRODUCTS.

UM, WE ARE AWARE THAT THAT PREVIOUS PREVIOUS RECOMMENDATION WOULD HAVE TO BE IMPLEMENTED AT A STATE LEVEL.

UM, AND WE HAVE PROCURED A MEETING IN NOVEMBER WITH STATE SENATOR BRIAN JONES TO DISCUSS THIS ISSUE AND WE EXTEND THE INVITATION FOR ANY OF THOSE,

[01:55:01]

UM, LET'S SEE, UH, RUN OUT OF TIME HERE.

UH, BANDING PREFILLED VAPE PRODUCTS.

UM, P PRE-FILLED VAPE PRODUCTS SUCH AS JEWEL BLUE PUFF BARS ALLOW FOR EASY YOUTH ACCESS, UH, FOR YOU TO ACQUIRE AND USE IMMEDIATELY.

THESE OFTEN TIMES ARE SMALL DISPOSABLE TYPE PRODUCTS THAT ARE EASY TO CONCEAL AND ARE VERY POPULAR AMONG YOUTH.

UH, ONE OF THE PROMINENT ISSUES THAT ATTRACTS YOU TO THESE PRODUCTS IS THEY'RE VERY HIGH CONCENTRATION AND INABILITY TO ALLOW THE USER TO GO DOWN AND THEIR NICOTINE LEVEL.

AND THAT'S ALL.

AGAIN, ONE QUESTION FOR YOU, SIR.

IT SEEMS FROM YOUR TESTIMONY, YOU'RE TRYING TO SHIFT THE RESPONSIBILITY TO THE KIDS, BUT YOU KNOW, WHAT'S THE PROBLEM WITH INCREASING THE PENALTIES OF AS FAR AS YOU CAN'T SELL? WHAT WE, WELL, WHAT WE'RE DOING RIGHT NOW ISN'T WORKING.

IT'S THE THOUSAND DOLLAR FINE OR 30 DAYS SUSPENSION.

WHAT IF WE HAD 60 DAYS SUSPENSION AND THE, YOU KNOW, MAYBE $2,500 FINE, BUT THEN ALL THE ILLEGAL ONES WOULD GO OUT AND YOU WOULD GET THEIR BUSINESS CAUSE HE DON'T SELL THE KIDS.

UH, WELL WE HAVE OUTLINED IN THE PACKETS THAT WE GAVE YOU, UM, OUR RECOMMENDATION FIRST AND SECOND OFFENSES, WE RECOMMEND A $5,000 FINE IN A ROLLING 12 MONTH PERIOD.

AND ON THE THIRD RECOMMENDATION, IMMEDIATE REVOCATION OF THE BUSINESS AND TOBACCO LICENSE.

SEE, YOU DON'T BELIEVE IN A SUSPENSION ON THE FIRST OR SECOND.

THAT SEEMS TO BE THE MOST EFFECTIVE THING BECAUSE THEY JUST BUILD $1,000 FINE INTO THEIR BISMAL.

IT IS THE MOST EFFECTIVE THING.

BUT YOU ALSO HAVE TO TAKE THE , THE PUBLIC HEALTH INTO ACCOUNT THESE, THESE SHOPS THAT WE RUN, UM, DO OFFER A BENEFIT TO THE PUBLIC AND BY CLOSING THEM DOWN, WHICH IS A 60 DAY SUSPENSION, EFFECTIVELY DOES CLOSING THEM DOWN FOR SELLING TO KIDS.

SO I'M HEARING THAT YOU WOULD LIKE TO BE TREATED DIFFERENTLY THAN A CORNER MARKETS CONVENIENT STORES BECAUSE THIS IS YOUR SOLE BUSINESS IN A SENSE IT IS.

YOU DON'T ALSO SELL OTHER PRODUCTS LIKE BASEBALL CAPS AND DONUTS AND MILK AND THINGS LIKE THAT.

SO ARE YOU SAYING THAT WE SHOULD HAVE A DIFFERENT TIERED FIND SYSTEM FOR DIFFERENT KINDS OF BUSINESSES? I THINK THE RAMIFICATIONS FOR ANDRADE SHELL SHOULD BE THE SAME FOR ALL BUSINESSES THAT SELL UNDER AGE PRODUCTS.

DO WE HAVE ANY VAPE SHOPS IN, IN OKLAHOMA CITY? UH, SIR.

I'M, I'M, I'M UNAWARE, BUT I DON'T, YEAH, I DON'T THINK SO.

I, THAT'S THE REASON I'M ASKING THAT.

SO IT'S KIND OF A MOOT POINT.

I WERE, YEAH.

I THINK I HEARD YOU CORRECTLY.

DID YOU MAKE A DISTINCTION BETWEEN THE JEWEL PRODUCT AND THE E-CIGARETTE PRODUCT AND THAT THE JEWEL PRODUCT COMES PRE-PACKAGED WITH A CERTAIN AMOUNT OF NICOTINE? WHICH CAN YOU, CAN YOU EXPLAIN THAT AGAIN? OKAY.

SO, UM, JEWEL, THEY USE A CLOSED SYSTEM DEVICE.

THAT'S WHAT WE CALL IT VERSUS OPEN SYSTEM.

CLOSED SYSTEM, MEANING THAT IT COMES READY TO USE JEWEL SPECIFICALLY COMES IN FOUR PACKS OR TWO PACKS AND THE FLAVOR IS ALREADY SET.

IT'S ALREADY FILLED AND READY TO GO WITH THE ALREADY PREDETERMINED AMOUNT OF NICOTINE.

UM, AND THOSE ARE EITHER 5% AND I BELIEVE THEY ALSO HAVE A 3% LEVEL AVAILABLE.

UM, YOUR OPEN SYSTEM, UH, DEVICES WHICH ALLOW THE USER TO CHOOSE WHATEVER FLAVOR THEY WOULD LIKE AND NICOTINE LEVEL THAT THEY WOULD LIKE TO PUT IN IT ALLOW THE USER TO GO DOWN OVER TIME TO STRENGTHS AS LOW AS 0.3% 0.6%.

AND IN SOME CASES NO NAKED.

HI.

WHO ME? YEAH, I ID EVERYBODY.

MY NAME IS MARK .

I AM A, I'M SORRY, I'M 22 YEARS OLD.

I WAS BORN AND RAISED IN OKLAHOMA.

UM, I ALSO WENT TO VALA HIGH SCHOOL.

UM, ALSO I AM AN EMPLOYEE.

I'M NOT A BUSINESS OWNER.

AND SORRY, FIRST TIME UP HERE, YOU'RE DOING GREAT.

AND THEN, UM, WHAT I'VE SEEN IN HIGH SCHOOL, I ACTUALLY WANT TO TAKE BACK TO A STORY.

WHEN I WAS A JUNIOR, THERE WAS THIS KID WHO WAS SELLING VAPE PRODUCTS AND VAPE DEVICES.

THIS WAS BACK IN 14 AND I ASKED HIM, WHERE WOULD YOU GET THIS STUFF? AND I, HE TOLD ME ONLINE HE WOULD GET IT FOR ABOUT THE DEVICE FOR 10 BUCKS, THE JUICE FOR ABOUT FIVE AND TO MR GOBBLES QUESTIONS.

I BELIEVE THAT IF YOU DO BAN THIS, KIDS WILL STILL FIND A WAY TO GET THIS PRODUCT.

I'M DONE.

YOU CAN HAVE QUESTIONS.

YEAH, GO AHEAD.

UH, IS IT HARD TO NOT SELL THE KIDS

[02:00:01]

EVEN IF THEY LOOK 40 TO 50 YEARS OLD, NO MATTER WHAT.

OKAY, GOOD.

WE HAVE 30 MORE SPEAKERS.

UH, ANDREW PARK, ALLEN PARK AND STACY WEAVER.

UM, MY NAME IS ANDREW PARK AND THANK YOU FOR LETTING ME SPEAK TODAY.

AND I AM FOR THE INCREASE IN FINES AND REGULATIONS ON FLAVOR TOBACCO PRODUCTS.

HOWEVER, I CANNOT AGREE WITH THE PROPOSITION TO BAN VAPES ALL TOGETHER.

I'M BEEN PART OF THE PRE 21 GENERATION THAT IS PREDATORILY MARKETED TOWARDS FOR BATES.

AND I CAN SEE THAT IT IS A PROBLEM.

IT'S A GIANT ONE.

YOU KNOW, I'M A RECENT HIGH SCHOOL GRADUATE AND I'M CURRENTLY ATTENDING MESA COLLEGE.

I CAN SPEAK FROM EXPERIENCE WHEN I SAY THAT MANY OF MY PEERS ARE HOOKED ON VAPES AND THE VAST MAJORITY RECEIVED THESE PROBLEMS OR PRODUCTS FROM QUESTIONABLE OLDER FRIENDS AND ONLINE RETAILERS.

I BELIEVE THAT A VAPE BAND AT THE LOCAL LEVEL WILL NOT FIX THE PROBLEM.

WHILE AN INCREASE IN REGULATION CAN, I BELIEVE IN OUTRAN OUTRIGHT BAN WILL DEVASTATE MANY SMALL BUSINESSES, NOT JUST VAPE SHOP OWNERS BUT SMOKE SHOP OWNERS AND SO FORTH THAT DEPEND ON THE SALE OF FLAVORED TOBACCO PRODUCTS WITH MINIMAL IMPACT.

OH, SORRY.

SORRY.

AND I CAN'T, AND I CAN'T SAY I DON'T COME FROM A PLACE OF BIAS AS I AM A BENEFICIARY OF THESE SALES AND MY FATHER OWNS A SMOKE SHOP, BUT, AND, BUT I CANNOT LIKE AFFIRMATIVELY SAY THAT THIS, THIS LIKE A BAND WILL FIX THIS PROBLEM.

AND I'VE COME TO TERMS WITH THE FACT THAT I MAY NOT BE ABLE TO AFFORD A HIGHER EDUCATION AND HIGHER LEARNING AT AT ANOTHER FOUR YEAR INSTITUTION, BUT I WORRY THAT WE WON'T EVEN HAVE ENOUGH TO LIKE PUT FOOD ON OUR TABLE OR EVEN MAINTAIN THE HOUSE THAT WE HAVE RIGHT NOW.

NOT ONLY WILL IT CREATE A LARGER AFFIRMATION BLACK MARKET, BUT MY PEERS WILL JUST RELY MORE HEAVILY ON ONLINE RETAILERS AND THEY WILL ALWAYS FIND A WAY.

I'D LIKE TO BRING UP A FOREIGN EXCHANGE STUDENT THAT I KNOW AT MESA COLLEGE, AS NAME IS STEVEN, AND HE'S FROM MYENMAR WHO KNOWS ABSOLUTELY NOBODY IN THE STATE OR IN THE STATE OF CALIFORNIA.

BUT HE'S APPALLED BY THE FACT THAT HE COULD GO ONLINE AND BUY THESE PRODUCTS WITH THE SNAP OF HIS FINGERS WITHOUT KNOWING A SINGLE PERSON.

AND I DON'T SEE HOW THESE KIDS WILL BE, WON'T BE ABLE TO GO THROUGH THIS PROCESS, THE SAME PROCESS ONCE THESE ARE BANNED, ESPECIALLY WITH THE ADVENT OF A BLACK MARKET THAT COULD EMERGE.

BEFORE YOU GOT THE QUESTIONS, DID YOU WANT TO BRING HIM UP RIGHT NOW OR, OH, NO, NO, NO.

I WAS HERE JUST FOR REFERENCE.

GARY, A QUICK QUESTION FOR YOU.

UH, WOULD YOU AGREE TO THEN A SUBSTANTIAL INCREASE IN THE PENALTIES? YES.

PEOPLE THAT SELL TO KIDS LIKE 60 DAY OR 90 DAY SUSPENSION.

THE LOGIC GOES THAT LIKE, YOU KNOW, IF YOU ARE A, IF YOU LIKE, IF YOU ARE LIKE A RESPONSIBLE BUSINESS OWNER, THIS SHOULD NOT BE A PROBLEM FOR YOU IN THE FIRST PLACE.

YOU KNOW, IF YOU WERE TO MAINTAIN YOUR EMPLOYEE, LIKE KEEP TRACK OF YOUR EMPLOYEES, THIS WOULD NOT BE A PROBLEM.

ALLEN PARK AND STACY WEAVER.

ORDINANCE TO THE CITY COUNCIL, THEN DEFEND IT WHEN THE TOBACCO INDUSTRY FUNDED IN EFFORT TO PUT IT TO THE BALLOT.

WELL SIR, WELCOME.

HELLO EVERYONE.

MY NAME IS ALLEN PARK AND I JUST LIKE TO SAY THAT I'M ALL FOR RAISING THE PENALTIES.

UM, ANY RESPONSIBLE BUSINESS OWNERS, UH, SHOULD BE TAKING ALL MY LIABILITIES FOR YEAH.

ANY, ANY SALE TO MINORS.

THAT'S IT.

ALRIGHT, THANK YOU.

GOOD EVENING MAYOR WELLS, COUNCIL MEMBERS AND STAFF.

MY NAME IS STACY WEAVER.

I'M THE EXECUTIVE DIRECTOR OF THE AMERICAN HEART ASSOCIATION AND A MOTHER OF FIVE.

SO I COME TO YOU WITH BOTH POSITIONS TO GIVE YOU SUPPORT IN THE RECOMMENDATIONS OF STRICTER FINES, UM, AND IN HEAVIER REGULATIONS OF PRODUCTS INCLUDING THE ELIMINATION OF VAPING.

UM, I'M SORRY, FLAVORED TOBACCO PRODUCTS AND I'M ONLY GONNA GIVE YOU TWO STATISTICS LEFT FOR YOU TO THINK ABOUT.

ONE IS THERE'S AN OVERWHELMING EVIDENCE THAT FLAVORS ATTRACT YOUTH.

ONE STUDY HAS SHOWN THAT THE FIRST TOBACCO PRODUCT USED BY 81% OF YOUTH IS A FLAVOR TOBACCO PRODUCT.

AND THEN LAST, I THINK THIS IS EXTREMELY IMPORTANT TO YOU FOR YOU TO KNOW THAT IN 2017, SAN FRANCISCO PASS THE MOST STRINGENT FLAVOR TOBACCO PRODUCT BAN IN THE UNITED STATES AND ELIMINATING ALL FLAVORED E-CIGARETTE LIQUIDS, CIGARETTES, CIGARS, AND WHO GOES THE AMERICAN HEART ASSOCIATION AND OUR PARTNERS FOUGHT HARD TO FIRST PASS THE

[02:05:01]

AND THIS IS THE MOST IMPORTANT PART.

VOTERS WERE HEARD LOUDLY AND CLEARLY WHEN THEY OVERWHELMINGLY VOTED TO KEEP THE BAN AS A MOTHER.

THIS IS EXTREMELY APPALLING THAT WE ARE ATTRACTING OUR KIDS WITH FLAVORED TOBACCO.

AND I URGE YOU TO TAKE CONSIDERATION WITH RESTRICTOR GUIDELINES AND HEAVIER REGULATIONS.

THAT WAS A COUPLE OF YEARS AGO NOW.

AND HAVE A GOOD EVENING.

ANY QUESTIONS? THANK YOU.

RAMON MAN, SEWER, ALEX MEDINA, AND MIKE SAB.

HELLO, SIR.

WELCOME.

UH, GOOD AFTERNOON.

UH, THANK YOU MAYOR AND COUNCIL MEMBERS.

UH, I AM A RESIDENT OF EL CAHONE.

UM, BEEN HERE FOR 27 YEARS.

I WORK IN ALCOHOL AND I WENT TO SCHOOL IN EL CAHONE.

I, AND, UH, MY DAUGHTER GOES TO SCHOOL IN ALCOHOL.

UH, I DO APPROVE STRICT PENALTIES ON RETAILERS THAT SELL TO MINORS.

UH, BUT, UH, I, I DO OPPOSE ANY BAN ON SALES OF VAPE PRODUCTS, UH, BY RETAILERS.

AND I DO OPPOSE A, UH, A PENALTY THAT WOULD, UH, SHUT DOWN ANY RETAILERS BY IMPOSING A 60 DAY OR 90 DAY, UH, YOU KNOW, UH, UH, FORCING THEM TO CLOSE OR NOT SELL ANY, ANY OF THE PRODUCTS.

BECAUSE ESSENTIALLY MOST, UH, TOBACCO SHOPS OR VAPE SHOPS ONLY SELL THE TOBACCO PRODUCTS.

AND SO A, A CLOSING THEM DOWN LIKE THAT, ESPECIALLY WHEN, WHEN WE ALL KNOW AS BUSINESS OWNERS THAT, THAT A LOT OF TIMES IT'S EMPLOYEES THAT RUN THE BUSINESSES.

SO PUTTING THAT KIND OF PENALTY ESSENTIALLY SHUTS THESE GUYS DOWN.

AND IT'S, IT'S, IT'S, IT'S A TOUGH SITUATION.

NOW.

UH, I'VE, I'VE BEEN IN THE VAPE INDUSTRY FOR FOUR YEARS AND I IN THE EARLIER THAT I WANT TO MAKE A POINT THAT IN THE EARLY YEARS, UH, ABOUT EIGHT YEARS AGO, UH, THE TREND WAS LOCALS WOULD, WOULD, WOULD MAKE VAPE PRODUCTS AT HOME OR, OR, OR, YOU KNOW, IN, IN SMALL OFFICES AND SUPPLY THEM TO RETAILERS.

AND THOSE RETAILS WERE TURN AROUND AND SELL THEM.

NOW, IN JULY OF 2017, THE STATE OF CALIFORNIA, UH, CONSIDERED A SELLING VAPE PRODUCTS AS TO BE A TOBACCO TAXED TRANSACTION, THEREFORE ANY UNREGISTERED AND ANY BLACK MARKET PRODUCTS.

SO THEY DID THAT.

UM, AND IN MAY OF 2020, THE FDA IS COMING UP, THE FDA IS MOVING FORWARD WITH AN APPROVAL PROCESS FOR VAPE PRODUCTS.

NOW, I APPROVE THIS APPROACH.

I, I TRULY BELIEVE THAT, THAT, THAT THIS IS THE RIGHT WAY TO GO.

AND AS BUSINESS OWNERS, NONE OF US APPROVE, OR NONE OF US RECOMMEND ANYONE TO VAPE, TO VAPE.

IN GENERAL, IF YOU ARE NOT A CIGARETTE SMOKER TO BEGIN WITH, WE DON'T SIT HERE PROMOTING THAT.

WE DON'T HAVE SIGNS PROMOTING VAPE THAT WAY.

WE ARE HERE AS, AS, AS BUSINESS OWNERS OR EMPLOYEES OF BUSINESS OWNERS THAT SAY WE ARE HERE TO SAY THAT THIS, THAT SELLING VAPE PRODUCTS IS, IS DOING A PUBLIC GOOD BY, BY HELPING PEOPLE QUIT CIGARETTES PERIOD.

AND, AND, UH, AND WE TRULY BELIEVE THAT BANNING OR BANDING THE SELL OF, OF, OF LEGAL REGISTERED STATE REGISTERED TOBACCO PRODUCTS SUCH AS VAPES IS JUST GOING TO TURN US BACK TO HOW IT ALL STARTED EIGHT YEARS AGO WITH PEOPLE JUST EASILY MANUFACTURING THEIR OWN.

IT'S AN EASY PROCESS AND, AND, AND OBVIOUSLY GETTING PRODUCTS FROM ONLINE, IT'S SO EASY TO GET.

SO, SO I RECOMMEND WE LET THE STATE AND FEDERAL GOVERNMENT CONTINUE ITS EFFORTS TO DIRECT THIS COUNTRY IN THE RIGHT WAY.

QUESTIONS? YES.

UM, YOU SAID YOU'RE THE OWNER AND YOU CAN'T BE RESPONSIBLE FOR WHAT YOUR EMPLOYEES DO IF ONE OF THEMSELVES TO A MINOR.

YOU DON'T WANT TO BE PENALIZED.

NO, ABSOLUTELY NOT.

THAT, THAT'S NOW WHAT I MEAN.

WHAT I MEAN IS, IS SETTING UP A RULE SUCH AS THIS S THIS STRICT OF A 60 DAY SUSPENSION PRETTY MUCH WILL SHUT DOWN 90% OF THE SHOPS.

NOW, YOU KNOW, IF, IF IT WAS A STORE OWNER, MAYBE WE CAN PUT IN A RULE IF THE STORE OWNER WAS THE ONE SELLING IT.

A FAKE ID, I'M NOT SURE HOW THE PROCESS IS, BUT, BUT IF IT'S, YOU KNOW, IF A 22 YEAR OLD KID ACTS, YOU KNOW, SOLD IT TO SOMEONE WHO THEY THOUGHT WAS OLDER, YOU CAN IMAGINE AS A BUSINESS OWNER, I WOULD KILL ME.

YOU KNOW, BUT, BUT IT'S TOUGH TO SAY, YOU KNOW, SOMETIMES YOU EMPLOY, YOU'RE A COLLEGE STUDENT, 21, 22 YEAR OLD, YOU KNOW, A GUY OR GIRL AND THEY MAKE A MISTAKE, THEY MISREAD THE ID.

SOMETIMES IT'S, YOU KNOW, I'M NOT SURE HOW THE PEOPLE THAT ARE DOING THESE, I GOING IN AND, AND, AND UH, AND CONVINCING STORE OWNERS TO SELL TO MINORS IF THERE'S NO ID, YOU KNOW, BEING CHECKED AT ALL.

OR IF IT'S

[02:10:01]

I MEAN, I'D BE VERY UPSET.

WE DO NOT TRAIN OUR GUYS THIS WAY.

BUT IF THAT HAPPENS IN THE TURN AROUND AND THE FIRST THING THAT HAPPENS IS A 60 DAY SUSPENSION AND THAT PRETTY MUCH SHUTS US DOWN, IT'LL SHUT IT AS, IT'S JUST, IT'S HEARTBREAKING.

IT'S A DIFFICULT, IT'S DIFFICULT TO, TO, TO LIVE WITH, YOU KNOW? SO YOU WOULD SAY THAT IF IT'S A STORE OWNER THAT MAKES A, THAT DOESN'T MEAN THAT DOESN'T MAKE MISTAKES, BUT IF AN EMPLOYEE MAKES A MISTAKE, IT'S OKAY TO LET THEM DO IT.

ABSOLUTELY NOT.

I'M NOT SAYING I DO APPROVE IN A STRONGER PENALTIES.

I SAID THAT INTO MY FIRST STATEMENT NOW, YOU KNOW, IF YOU PENALIZE US 20 $500,000 OR $3 $3,000 ON THIS KIND OF THING, AND WE'LL, YOU KNOW, DEB, IF WERE FEEL A $3,000 $2,500 PENALTY, YOU BELIEVE ME, WE WOULD FEEL IT.

BUT IT'S JUST A LITTLE BIT DIFFICULT TO SAY THAT I APPROVE A A TWO MONTH SUSPENSION OF A, OF ABILITY TO SELL TOBACCO PRODUCT.

IT'S, IT'S TOUGH.

I MEAN IT'S, IT'S TOUGH.

OKAY, WELL WOULDN'T THEY JUST SELL IT TO ANOTHER OWNER? I'M SORRY.

WOULDN'T THEY JUST SELL THE STORE TO ANOTHER OWNER AND HE'D BE DOING THE SAME THING.

I MEAN, TO SELL YOUR BUSINESS TO ANOTHER OWNER BECAUSE OF A A TWO MONTH SUSPENSION, THAT'S UNLIKELY.

I DON'T SEE THAT HAPPENING.

STEVE, WHERE HAVE YOU ADVERTISED YOUR BUSINESS BEFORE? I'M SORRY? HAVE YOU ADVERTISED YOUR BUSINESS? NOT IN ANY PUBLICATIONS OR ONLINE OR ANYTHING LIKE THAT? NO.

NO ADVERTISING FOR YOUR BUSINESS.

ALL RIGHT, SIR.

AS YOUR BUSINESS IN OKLAHOMA, DID YOU SELL ALL TYPES OF TOBACCO PRODUCTS? DO YOU SELL ALCOHOL? WHAT KIND OF BUSINESSES? NO, IT'S A RETAIL BUSINESS AND WE DO NOT SELL ALCOHOL, BUT YEAH, WE SELL OTHER PRODUCTS AS WELL.

IS IT AN OKLAHOMA CITY IN THE CITY OF ALCOHOL AND YOU JUST SELL TOBACCO PRODUCTS? NO, NO.

WE SELL GROCERY AND SNACKS AND ALL KINDS OF OTHER THINGS, BUT THERE'S A CERTAIN, I'M SPEAKING, I'M SPEAKING IN GENERAL THAT A LOT OF THESE GUYS ARE TOBACCO SHOP OWNERS OR RETAILERS, AND I'M JUST SPEAKING ON MY BEHALF.

I'M SPEAKING AS A BUSINESS OWNER THAT, THAT I CAN I, YOU KNOW, NO, A LOT OF THESE GUYS AND I KNOW IT TWO MONTHS ESPECIALLY, IT WILL BE, IT WILL JUST BE IT WILL BE DIFFICULT.

UH DAMN NEAR JUST SHUT, SHUT HIM DOWN.

THE PRODUCT YOU'RE SELLING KILLS 50% OF THE USERS ON TOBACCO SO YOU DON'T THINK IT COULD BE RESPONSIBLE ENOUGH NOT TO SELL YOU CIGARETTES.

LASER JOB.

EVERYBODY'S REALLY GET A CHANCE TO CALL.

I NEED TO KEEP THE DECORUM THOUGH.

I'M SORRY, REPEAT THAT.

WE BETTER JUST MOVE ON.

SO UM, YOU'RE SAYING THAT THE 60 DAY SUSPENSION IS GOING TO PUT A LOT OF RETAILERS OUT OF BUSINESS.

HAS THE F UM, IS THERE ANY SCENARIO THAT YOU WOULD BE IN FAVOR OF HAVING A 60 DAY SUSPENSION FOR A MULTIPLE OFFENDER RETAILER? 100% YES.

YOU KNOW, I'M JUST SAYING IS, IS YOU KNOW, IF WE PUT THE RIGHT RULES, STRICT RULES IN PLACE, AND BELIEVE ME ESPECIALLY NOW WITH ALL THE NEWS COMING ABOUT AND WE ALL KNOW THAT THERE'S KIDS OUT THERE THAT ARE GETTING THEIR HANDS ON IT.

YES, WE, WE ARE WITH YOU GUYS.

WE ARE NOT AGAINST YOU GUYS IN ANY WAY.

WE ARE WITH YOU GUYS.

WE ARE WITH THE SCHOOLS, WE ARE WITH THE KIDS, BUT WE ALSO BUSINESS PEOPLE THAT, THAT WANT TO SURVIVE AND WE ARE, ARE, ARE, A LOT OF US ARE LOCALS HERE AND WE, WE HAVE FRIENDS AND RELATIVES THAT, YOU KNOW, THAT USE VAPE PRODUCTS TOO IN A POSITIVE WAY AND WE WANT TO BE ABLE TO SUPPLY THOSE GUYS WITH THAT.

JUST FOR CLARITY.

OH, I LIKED IT GRAHAM.

I BELIEVE THAT THE INITIAL SUSPENSION THAT WERE FOR THE FIRST TIME OFFENDER THAT YOU WERE SUGGESTING WAS THAT 60 DAYS WITH 30 DAYS, AM I CORRECT? CORRECT.

THE RECOMMENDATION IN THE STAFF REPORT FOR THE COUNCIL TO SORT OF DELIBERATE WOULD BE A 30 DAY SUSPENSION AND A $500 PENALTY.

I JUST SO WE KNOW WHAT WE'RE TALKING ABOUT.

MR MINISTER, THANK YOU FOR COMING IN.

ALEX MEDINA AND MIKE SUB.

I'M A BUSINESS OWNER.

UH, MY NAME IS MIKE.

I'M A TOBACCO BUSINESS OWNER.

I ALCOHOL AND CITY.

UM, MY TOBACCO SHOP HAS BEEN THERE FOR 17 YEARS AND I'M AN OWNER, THEREFORE ONE YEAR.

AND UM, I AGREE FOR THE PENALTY, BUT I DON'T AGREE FOR TOBACCO FLAVORS, UH, BECAUSE MY, UH, 80% OF BUSINESS IS ALL FROM FLAVORS TOBACCO.

[02:15:05]

I AM NOT AN OKLAHOMA CITY.

I'M JUST HERE TO SUPPORT MY COLLEAGUES.

I'M A VAPE SHOP OWNER IN SAN DIEGO AND I'VE JUST SEEN THE BENEFITS, THE BENEFITS OF VAPING AND IT REALLY CHANGES PEOPLE'S LIVES.

WHEN YOU SEE SOMEONE COME IN THAT'S BEEN SMOKING FOR 30 YEARS AND THEY HAVE NO IDEA WHAT TECHNOLOGY IS AND YOU SHOW THEM HOW THIS LITTLE DEVICE CAN HELP THEM CHANGE THEIR LIFE TO BE BETTER.

I AGREE WITH ALL THE, YOU KNOW, MAKING IT HARDER FOR KIDS TO COME IN.

WE DON'T WANT THE KIDS TO COME IN WHERE THEY'RE NOT WELCOME.

AND I'VE ALWAYS SAID IT.

I AGREE WITH THE PENALTIES.

I AGREE WITH ALL THAT, BUT I DON'T AGREE WITH A FLAVOR BAN BECAUSE IT WOULD PUT ALL OF US AT BUSINESS.

I TAKE CARE OF MY FAMILY AND I'M A SECOND GENERATION IMMIGRANT HERE IN THE UNITED STATES.

MY PARENTS CAME FROM MEXICO, I WAS BORN HERE.

I SUPPORT THEM AND IT WOULD PUT ALL OF US OUT OF BUSINESS AND EL AND SAN DIEGO IS MADE OF SMALL BUSINESSES AND WE'RE HERE TO DO ANYTHING WE CAN TO SO THE CITY CAN BE HAPPY.

BUT AT THE SAME TIME WE JUST ASK FOR YOU GUYS TO TO YOU KNOW, HELP US KEEP OUR DOORS OPEN AND ALL THESE STATISTICS AND ALL THIS STUFF.

THERE HAS TO BE A GOOD RESEARCH MERE BECAUSE ALL THESE STATISTICS ARE WRONG.

I'M HEARING THEM AND I'VE BEEN RESEARCHING FOR THE PAST MONTH AND OF THE THINGS THEY'RE SAYING IS NOT TRUE.

SO IF YOU GO ON THE FDA WEBSITE, THE CDC, THEY ACTUALLY ALL BLAME IT ON THE FAKE THC TOBACCO CARTRIDGES THAT ARE ON THE BLACK MARKET.

AND LASTLY, IF YOU GO ON CRAIGSLIST RIGHT NOW, I ASK EVERYONE TO GO ON CRAIGSLIST AND GOOGLE OR LOOK UP A VAPE.

YOU CAN FIND IT.

YOU HAVE ABOUT 50 OPTIONS TO GO AND BUY ON CRAIGSLIST.

I THINK IT'S WAY BETTER FOR US.

MY LICENSE IS LINKED TO MY NAME.

I'M THE ONE RESPONSIBLE FOR SELLING THAT PRODUCT.

DON'T PUT THE KIDS IN THE BLACK MARKET, YOU KNOW, HAVE RESPONSIBLE OWNERS LIKE MYSELF, YOU KNOW, BE, BE THE ONES THAT GIVE THE FACE WHEN SOMETHING GOES WRONG.

AND I AGREE.

I AGREE.

GOOD.

DO THE 30 DAYS, DO 2,500 DO 5,000 IF YOU WANT TO DO WHATEVER YOU WANT TO DO TO MAKE IT STRICT, BUT DON'T CLOSE OUR DOORS.

YOU KNOW, WE'RE JUST TRYING TO PUT OUR KIDS THROUGH SCHOOL.

WE'RE TRYING TO HELP THE COMMUNITY.

THAT'S ALL HER TRAINING.

DO A COUPLE OF QUESTIONS HERE.

SO YOU HAVE A 100% VAPE SHOP, YOU'RE NOT PART OF A MARKET OR SOMETHING LIKE NO, NO.

I HAVE, I HAVE FOUR.

DO YOU ADVERTISE? NOPE.

YOU DON'T ADVERTISE? NO, THEY DON'T LET YOU.

FACEBOOK AND GOOGLE REVIEWS SINCE IF YOU'RE A TOBACCO SHOP, THEY DON'T ALLOW YOU TO ADVERTISE.

SO IT'S LIKE THE TV AND ALL THAT.

IT'S THE BIG TOBACCO COMPANIES THAT ADVERTISE LIKE JEWEL.

I'M NOT ALLOWED TO .

SO WHEN I WAS RESEARCHING IT I, MY RESEARCH AGREE WITH YOURS ABOUT THE THC BLACK MARKET STUFF.

WHAT I COULDN'T GET WAS UH, ANY KIND OF SENSE OF THE FLAVORED CARTRIDGES.

DO ADULTS ENJOY THOSE TOO? THEY LIKED THOSE OR IS IT MOSTLY KIDS? I DON'T KNOW.

I DON'T SMOKE MARIJUANA SO I WOULDN'T BE ABLE TO TELL YOU.

BUT I'M TALKING ABOUT THE FLAVOR THAT THE, THE NON MARIJUANA FLOWER CARTRIDGES YOU'RE SELLING RIGHT NOW, IS IT JUST KIDS WHO ARE TRYING TO GET HOLD OF THOSE? NO.

ADULTS LOVE FLAVORS.

IT'S VERY EASY TO QUIT SMOKING WITH A VAPE THAT'S GRANOLA BAR RATHER THAN A TOBACCO CAUSE YOU'RE GONNA MISS THE CIGARETTE AND YOU'RE GONNA GO TO THE CIGARETTE.

I DON'T WANT A VAPE THAT TASTES LIKE TOBACCO.

I WANT TO VAPE.

THAT MAKES ME FORGET OF THAT ADDICTION I HAVE.

AND THAT PUTS ME SOMEWHERE ELSE.

AND MOST OF THE USERS WE RE LIKE ALL MY COLLEAGUES, WE RECOMMEND START AT A SIX, GO TO A THREE AND GO TO ZERO AND QUIT AND QUIT VAPING.

THAT'S LIKE THE ROLE, THE PATCH, THE GUM, ALL THAT STUFF.

I'VE SEEN IT WITH MY CUSTOMERS.

IT DOESN'T WORK FOR EVERYONE.

ANY OTHER QUESTIONS? THANKS FOR COMING.

JUST SELL BRAMBILLA, JOHANA, BRAMBILLA AND ANDREW WEBER.

JUST AS JAZELLE JUST SAID AND CRAIGSLIST WHO OFFER BLACK MARKET PRODUCTS WITH LITTLE OR NO AGE VERIFICATION WHATSOEVER.

GOOD AFTERNOON, MAYOR WELLS, COUNCIL MEMBERS AND STAFF.

MY NAME IS JULIANA BRAMBILLA AND I DO AGREE WITH STRICT PENALTIES, BUT I FIRMLY OPPOSE THE FLAVOR BAN IN EL CAHONE AND ALL NEIGHBORING CITIES.

VAPING HAS SAVED MY LIFE AND MILLIONS OF OTHER LIVES BY ELIMINATING THE URGE TO SMOKE COMBUSTIBLE CIGARETTES AND EVENTUALLY QUITTING NICOTINE ALTOGETHER.

I 100% AGREE THAT VAPING IS NOT FOR CHILDREN, BUT THE FLAVOR BAN WILL HURT NOT ONLY SMALL BUSINESS OWNERS BUT WILL MOST DEFINITELY CLICK CREATE A BLACK MARKET FOR THESE PRODUCTS AND IN TURN WILL INEVITABLY GET TO THE HANDS OF CHILDREN.

WE ALSO NEED TO LOOK AT ONLINE RETAILERS LIKE EBAY

[02:20:01]

I PROPOSE 21 AND OVER ONLY ESTABLISHMENTS AND THE THIRD PARTY ID VERIFICATION SYSTEM TO ENSURE SALES ARE FOR ADULTS ONLY.

WE MUST LOOK AT THE FACTS AND THE RESEARCH.

INSTEAD OF MAKING UNEDUCATED DECISIONS FOR SO MANY PEOPLE IN SO MANY LIVES THAT HAVE BEEN SAVED BY VAPING SUCH AS MY OWN.

AS A VAPE, AS A VAPE SHOP OWNERS, WE WOULD GLADLY LOVE TO SIT DOWN WITH ALL OF YOU AND OPEN A DIALOGUE ON NEXT STEPS AND EDUCATE YOU ON EVERYTHING THERE IS TO KNOW ABOUT VAPING AND FLAVOR TOBACCO.

PLEASE DO NOT MIX HAZARDOUS THC PRODUCTS AND VAPING IN THE SAME POT AND PLEASE KEEP IN MIND THAT ADULTS ENJOY FLAVORS TOO.

WE HAVE NO INTEREST IN SELLING TO MINORS.

I A 27 YEAR OLD ADULT QUIT BY VAPING WATERMELON, MENTHOL VAPE JUICE.

THANK YOU FOR YOUR TIME.

HELLO, WELCOME.

I KNOW I'M WAITING FOR THE CLOCK TO GO BACK TO ZERO AND COUNCIL MEMBERS, I THANK YOU FOR GIVING US ALL THE OPPORTUNITY TO SPEAK ALL OF US AND BOTH SIDES OR MANY COUNTRIES IN WHICH WE DON'T EVEN HAVE THIS OPPORTUNITY.

SO THE BENEFITS OF VAPING THAT I'VE PERSONALLY, MYSELF WITNESSED AND MY CIRCLE OF FRIENDS, MY FRIENDS WHO USED TO BE SMOKERS W WENT TO VAPING, DID FEEL MUCH BETTER THAT MUCH MORE ACTIVE.

BUT THIS IS ALSO THE INTERESTING THING.

ONLY ONE PERSON IN THE CIRCLE OF FRIENDS VAPES TOBACCO, EVERYBODY ELSE VAPES FLAVORS BECAUSE TOBACCO IS A TRIGGER FOR MOST VAPORS TO GO BACK TO SMOKING.

SO SHOULD FLAVORS BE BANNED AND TOBACCO BE LEFT, UH, AVAILABLE.

MOST PROBABLY WOULDN'T HAVE A HUGE NUMBER OF PEOPLE GOING BACK TO SMOKING COMBUSTIBLE CIGARETTES.

UM, AND IT TRONIC CIGARETTES AND IN CONJUNCTION WITH THAT MADE LIQUIDS ARE KEEPING TOBACCO SMOKERS AWAY FROM COMBUSTIBLE CIGARETTES KILL BETWEEN 400 AND 450,000 ADULTS A YEAR.

THE FLAVOR BAND WOULD LEAD MANY FORMER SMOKERS TO GO BACK TO CIGARETTES, THEIR FORCE MA THEREFORE FORCING MANY OF THEM TO COME TO GOING BACK TO CONSUMING OUR HARMFUL PRODUCT.

A CIGARETTE, EVEN THOUGH IT'S LEGAL TO SOLVE THE ISSUE THAT COUNCIL MEMBERS MIGHT WANT TO CONSIDER STRICTER FINANCIAL PO, UH, PENALTIES AS PROPOSED, UH, FOR DAYS WHO SELL TO MINORS.

AND, UH, FOR THE MINERS THEMSELVES.

LET'S THINK ABOUT THIS.

THERE ARE NO CONSEQUENCES FOR MINORS CAUGHT VAPING.

I AGREE WITH MR MATRON AND HIS PROPOSAL.

HOWEVER, I WAS SUGGESTING A STRICTER DEGRADATION STARTS AS HIGHER PENALTIES, LONGER SUSPENSIONS AND EVEN REVOKING LICENSES FOR REPEAT OFFENDERS.

PASS AN ORDINANCE MAKING THE SALE OF TOBACCO PRODUCTS ONLY AVAILABLE IN A STYLE MINT ESTABLISHMENT.

THEY'LL SELL CONTROLLED PRODUCTS FOR 21 AND OVER CONSERVER CONSIDER HAVING STAIRS INSTALLING IDEALLY THEIRS ON THE DOORS BEFORE WE GO IN AND WORK IN CONJUNCTION WITH LOCAL LAW ENFORCEMENT TO TURN BUSINESS OWNER AND CLERKS TO USE THIRD PARTY VERIFICATIONS AND LEARN HOW TO SPOT FOLK IDS.

AND THEN I HAVE MORE BUT I'M OUT OF TIME.

ANY QUESTIONS? I THANK YOU SIR.

APPRECIATE COMING TO YOU.

SAMIR SAMIR.

DONNA DONAHUE CRUSH WALKUP.

WE HAVE 20 MORE SPEAKERS.

CHRIS MESSICK AND NIAMH.

I THINK YOU CAN HEAR ME.

I'M SORRY.

IT'S ALL GOOD.

I HATE PUBLIC SPEAKING.

YOU'LL BE THREE, TWO MINUTES AND THEY'LL BLOCK ON FOR 40 YEARS.

I DON'T VAPE OR SMOKE PERSONALLY AND MY FRIENDS DO VAPE AND I'VE SEEN THE DIFFERENCE IT'S MADE IN THEIR LIVES.

THEY DON'T HAWK UP AS MUCH, WHATEVER YOU'D CALL THAT MEDICAL TERM.

PHLEGM OR WHATEVER IN THE MORNING, THEY RUN FASTER AND UH, AND UH, THEY JUST SEEMED LIKE JUST HAPPIER PEOPLE.

I'D, I'VE HEARD THAT, UH, I THINK EVERYBODY HERE, WHETHER WHAT OUR SIDE YOU'RE WON KNOWS THAT WE NEED MORE REGULATION, I WOULD SUGGEST THAT YOU FIND THE EMPLOYEES TOO.

I MEAN, IF I GO BUY A CASE OF BEER AND GIVE IT TO A MINER, I'LL SET A LIQUOR STORE, YOU KNOW, I, I GET ARRESTED OR WHATEVER HAPPENS UNDER THAT, IT, I'M NOT SURE WHAT HAPPENS TO KIND OF FIND WHATEVER.

SO IT WAS JUST FIND THE STORE OWNER, THE EMPLOYEE, WHICH IT WOULD MAKE THEM KIND OF BEYOND THEIR P'S AND Q'S AND, UH, THE KIDS, TO ME, I'LL FIND SOME KIND OF A COMMUNITY SERVICE OR SOMETHING.

LIKE IF I GET PULLED OVER BY A COP, I GET A TICKET FOR SPEEDING.

I KNOW THAT IF ALL I DID WAS GIVE ME A WARNING, I WOULD KEEP SPEEDING.

WHY NOT? NOTHING'S

[02:25:01]

GONNA HAPPEN.

LIKE I SAID, I OPPOSE THIS BAN AND, UH, HOPE YOU GUYS JUST LOOK TOWARDS THIS REGULATION.

I KNOW THE WORLD ARE NOT THE WORLD.

THE COUNTRY IS WATCHING YOU GUYS.

AND I SAID, WELL, GO ON FOR YEARS AND YOU GUYS HAVE BEEN BIG ON NOT SMOKING AND I HOPE YOU GUYS MAKE THAT DECISION.

GOOD EVENING EVERYONE.

UH, MY IS NEVE DONAHUE AND I'M ACTUALLY, I'M A BUSINESS OWNER FROM TEMECULA.

THE REASON I'M HERE TONIGHT IS BECAUSE I BUY ALL MY PRODUCT FROM THE LOCAL CO, UH, ALCOHOL AND CASH AND CARRY.

UM, IF I DIDN'T HAVE THAT OPTION, I WOULD BE SPENDING TWO TO THREE HOURS HAVING TO DRIVE TO LA VERSUS THE 40 MINUTE DRIVE DOWN HERE TO SAN DIEGO TO SUPPORT THIS BUSINESS.

UM, IF THIS BAN HAPPENS, I WILL BE FORCED TO SPEND MORE TIME, MORE MONEY.

I WILL ALSO HAVE TO HAVE EMPLOYEES TO WORK THAT NIGHT INSTEAD OF ME WORKING.

UH, WE DO NOT AGREE.

WE DO NOT WANT CHILDREN GETTING THEIR HANDS ON BLACK MARKET PRODUCTS AND GETTING SICK.

WE WANT STRONGER REGULATIONS AND WE WANT TO WORK WITH THE CITIES AND SCHOOLS THAT HAVE A LEGITIMATE PROBLEM WITH KIDS VAPING.

ANYONE THAT IS ILLEGALLY SELLING TOBACCO PRODUCTS NEEDS A SWIFTER PUNISHMENT.

ALSO, I BELIEVE THAT THE ONLY TOBACCO SHOPS THAT ARE, SORRY.

ALSO, I BELIEVE THAT ONLY TOBACCO SHOPS SHOULD BE SELLING TOBACCO PRODUCTS.

PLACES THAT ONLY ALLOW 21 PLUS CUSTOMERS IN.

I DON'T BELIEVE PIZZA SHOPS OR GROCERY STORES SHOULD BE SELLING TOBACCO PRODUCTS.

THAT MAKES IT MUCH EASIER FOR KIDS TO GET THEIR HANDS ON IT AND IT SHOULDN'T BE VISIBLE TO CHILDREN WHERE THEY HAVE IT IN THEIR SIGHT AND THEY WANT SOMEONE TO BUY IT FOR THEM.

UM, WE WANT TO WORK WITH YOU GUYS AND I DON'T AGREE WITH THE COMPLETE FLAVOR BAN.

THANK YOU, KEITH.

I HAVE ANOTHER CARD FOR ALLEN PARK, BUT I'M NOT SURE IF THAT'S THE SAME.

ALEX.

SO CARRIE CLENNON AND SCOTT NIMMOO.

CARRIE, WELCOME.

MAKES A MISTAKE BUT IT IN ALL RIGHT IF YOU MAKE A MISTAKE, I'M NOT SAYING ANYONE SHOULD BE MAKING MISTAKE BY HUMANS MAKING MISTAKE.

UM, I STARTED SMOKING AT ABOUT 12, UH, CONTINUED TO GET THAT PRODUCT UNFLAVORED, UM, UNTIL I WAS 18.

AND THEN I STARTED GETTING IT ILLEGALLY.

I CONTINUED TO SMOKE ALL THE WAY UP INTO MY FORTIES UNTIL ABOUT 2008, WHICH I FOUND VAPING.

I DON'T THINK I CAN SEE ANYTHING MORE IS GOING TO MAKE ANY DIFFERENCE EXCEPT FOR EVERYBODY IN THIS ROOM THAT HAD BEEN LISTENING TO FOR QUITE SOME TIME, ALL AGREES THAT UNDERAGE VAPING, UNDERAGE SMOKING SHOULDN'T HAPPEN.

WE DON'T WANT IT.

BUT ELIMINATING THE CHOICE LIFE, SAVING LIFE, CHANGING CHOICES, ELIMINATING THAT FROM THE ADULT SMOKER, I THINK IS A BAD MOVE.

I THINK IT'S, YOU'RE ELIMINATING THE OPTIONS FOR PEOPLE TO CHANGE THEIR LIVES.

THAT'S ALL I GOT TO SAY.

OH, WELCOME.

HELLO.

MY NAME IS SCOTT AND I'M A BUSINESS OWNER HERE IN SAN DIEGO AND IN ALCOHOL.

AND I DON'T BELIEVE IN THE BAND FOR MULTIPLE REASON.

UH, PEOPLE'S HANDS GO ANYWHERE.

IF YOU ABANDONED ALCOHOL OR EITHER SAN DIEGO, I'M NOT SURE ABOUT SAN DIEGO, BUT IN ALCOHOL, IF ANYBODY, LET'S SAY THEY BANNED THEM, WHY DIDN'T YOU GUYS THINK SOMEBODY WOULD STILL GET THEIR HAND GOING SOMEWHERE ELSE? OTHER CITIES THAT THEY CAN GET IN.

AND I BELIEVE THAT THERE SHOULD BE A PUNISHMENT, NOT ONLY FOR STORE OWNERS, BUT ALSO FOR A MOTHERS LEAVING THEIR KIDS, YOU KNOW, UNINTENDED.

AND, UH, ALSO GETTING THEM FROM EBATES AND YOU KNOW, ALL THE ONLINES THAT SHOULD ALSO BE RESTRICTIONS THERE TOO.

YOU KNOW, JUST AS MUCH AS WE SHOULD, WE SHOULD GET PUNISHED.

YOU KNOW, WEBSITES LIKE EBAY'S AND ANY ONLINE STORE SHOULD ALSO BE PUNISHED WHERE NOW THE WAY I SEE IT AS, IT'S JUST A FREE MARKET.

ANYONE CAN JUST GO IN THERE.

THEY DON'T EVEN VERIFY ANY AGE OR OR ANY, EVEN WITH YOUR CREDIT CARD YOU CAN STILL GET WITH THE UH, TEMPORARILY CART.

AND UH, ALSO AS FAR AS THE PUNISHMENT IS, I DON'T BELIEVE WITH A 60 DAY PUNISHMENT BECAUSE SOMETIMES I'M NOT ALWAYS AT THE STORE.

I DO HAVE AN EMPLOYEE, SOMETIMES IT'S A NEW EMPLOYEES.

YOU TRAIN HIM AND YOU KNOW, PEOPLE MAKE MISTAKES, YOU KNOW, THERE SHOULD BE AT A HEFTY PUNISHMENT AND BY NOT CLOSING YOU FOR 60 DAYS, THAT'S NOT FAIR.

ANY QUESTIONS? THANK YOU SIR.

ONE QUESTION BOB.

SO YOU THINK IT'S ALRIGHT IF AN EMPLOYEE

[02:30:01]

SHE WAS IN THAT POSITION WHERE IF YOU'RE A STORE OWNER AND IF YOU'RE A EMPLOYEE, LET'S SAY, MAKES A MISTAKE.

YEAH, GIVE ME A, YOU KNOW, A FINE AND ALSO A PENALTIES WHERE AFTER ONE DAY, I MEAN, THANK GOD WE HAVEN'T HAD ANY IN, I TRAIN MY EMPLOYEES AND WE HAVEN'T HAD ANYONE, UH, UH, SELLING TO A MINOR.

BUT I MEAN, I STILL FEEL LIKE DO IT LIKE WHEN YOU'RE SPEEDING, YOU KNOW, YOUR FIRST SPEEDS YOU GET THIS OR WITH, WITH ANYTHING THAT THERE SHOULD BE A PENALTIES.

PEOPLE MAKE MISTAKES, BUT THERE SHOULDN'T BE JUST RIGHT AWAY YOU'RE OUT OF BUSINESS 60 DAYS JUST PUTTING YOU SOMEBODY OUT OF BUSINESS.

AND I DON'T BELIEVE THAT AND I DON'T AGREE WITH THAT.

BUT YOU WOULDN'T HAVE ANY OBJECTION TO A $2,500 FINE FOR THE FIRST DEFENSE.

I'M OKAY TO PAY 5,000, BUT DON'T SHUT ME DOWN FOR 60 DAYS FOR SOMEBODY.

UH, HUMAN ERROR.

I MEAN, PEOPLE MAY EXPIRE.

WHAT I SUGGEST IS, IS TO COME UP WITH A SYSTEM, IMPLEMENT A SYSTEM WHERE EVERYONE SHOULD HAVE IT.

JUST LIKE WHEN YOU'RE BUYING A SUPER LOTTO, YOU KNOW, YOU CAN ONLY BUY IT FROM HERE, BUT YOUR CARD OR SOMETHING AND THEN WE CAN MAKE THAT SALE HAPPEN.

YOU'RE TELLING YOUR EMPLOYEES THAT YOU COULD BE SHUT DOWN FOR 30 DAYS IF THEY SELL A MINOR.

NO, I'VE, I'VE TELLING THEM NOT TO SELL AND I HAVEN'T, WE HAVEN'T HAD ANY TICKETS OR ANY NO STUFF AND, AND I TRAIN MY EMPLOYEES REAL GOOD.

YOU DON'T TELL THEM THAT YOU COULD BE SHUT DOWN IF YOU, UH, IF YOU SELL THEM SHUTTING DOWN UNTIL TODAY, WELL, I'VE BEEN IN BUSINESS FOR 15 YEARS.

I DIDN'T EVEN KNOW WHAT WAS ALONG AND WHAT WE'RE SELLING IT TO A MINOR AND UNTIL TODAY YOU SHOULD MAYBE EDUCATE THEM THAT WAY SO THAT I AM GOING TO TAKE A LITTLE MORE CARE AND WHO THEY SELL TO.

NO, I UNDERSTAND.

BUT I ALSO DO UNDERSTAND THAT THERE SHOULD BE A SYSTEM WHERE, AND EVERYBODY SHOULD IMPLEMENT THE SYSTEM AND GO WITH THAT SYSTEM.

EMORY CENTER AND REMA QUERY.

GEORGE JOHNSON AND ISA VOITA PROBABLY WANT TO PULL THAT DOWN FOR YOU.

YES, IT'S ALMOST GOOD EVENING MAYOR AND DEPUTY MAYOR AND COUNCIL MEMBERS.

MY NAME IS RAY MCCORY.

UM, I REPRESENT FOR IS A HOOKAH TOBACCO MANUFACTURER AND ALSO THE HOOKAH CHAMBER OF COMMERCE.

AND MY FAMILY ALSO LIVES IN ALCOHOL AND FOR APPROXIMATELY 15 YEARS, UM, WE SUPPORT THE RECOMMENDED MODIFICATION TO YOUR REGULATION.

IN FACT, IT'S ACTUALLY, UM, YOU KNOW, RESPONSIBLE REGULATION LIKE THIS EDUCATION ENFORCEMENT.

THESE ARE THE THINGS THAT I THINK WILL ACTUALLY ADDRESS THAT TEAM TEEN USE, YOU KNOW, VAPE OR TOBACCO USAGE.

UM, IT'S ACTUALLY QUITE REFRESHING TO SEE YOU FOLKS ASK QUESTIONS CAUSE IT SEEMS LIKE YOU GENUINELY WANT TO ADDRESS THE ISSUE INSTEAD OF AND, AND WORKING WITH RETAILERS, UH, AND YOUR CONSTITUENTS TO PARTNER AND FIGURE OUT WAYS.

I MEAN, AS YOU'VE HEARD TONIGHT, THERE'S BEEN MANY PEOPLE THAT HAVE RECOMMENDED FANTASTIC IDEAS ON HOW TO, HOW TO BEST BUSINESS PRACTICES TO ADDRESS THIS ISSUE.

UM, SO YOU KNOW, THIS IS ACTUALLY EXACTLY WHAT WE'D LIKE TO STEEP C VERSUS LIKE A, UM, A BLIND FLAVOR BAN BECAUSE THESE FLAVOR BANDS CAN ACTUALLY, UH, CREATE UNINTENDED CONSEQUENCES JUST BY DOING A COMPLETE FLAVOR BAN FOR BOTH, UH, UNDER AGE.

AN ADULT 21 AND OVER.

AND W WE'VE SEEN THIS HAPPEN WHERE, AND I WANT TO SHOW YOU THIS, HOOKAH TOBACCO HAS SOMEHOW GOTTEN WRAPPED UP IN ALL OF THIS AND IT'S BECOME AN A CON LIKE ALMOST LIKE A COLLATERAL DAMAGE IN SOME OF THESE FLAVOR BANDS.

AND THE REASON WHY I BROUGHT THIS OUT TO YOU TO SHOW YOU IS BECAUSE MANY PEOPLE HAVE NEVER SEEN WHAT A HOOKAH LOOKS LIKE.

THIS IS AN AVERAGE SIZE HOOKAH AND AS YOU CAN SEE, IT'S NOT VERY EASY TO CONCEAL AND IT CAN'T FIT IN YOUR POCKET AND YOU CAN'T FIT IN YOUR BACKPACK.

AND IT TAKES ABOUT 15 TO 30 MINUTES TO SET UP.

SO YOU CERTAINLY CAN'T SET IT UP IN THE BATHROOM SCHOOL.

UH, BUT THIS IS WHAT'S GETTING WRAPPED UP IN ALL OF THESE FLAVOR BANDS.

AND IT'S IMPORTANT FOR YOU GUYS TO UNDERSTAND THIS IS AN FDA REGULATED PRODUCT.

EVEN THE DEVICE ITSELF IS FDA REGULATED.

AND, UM, EVEN THE FDA HAVE SAID THAT THEY RECENTLY NOTED IN THEIR DRAFT GUIDANCE THAT WATER PIPE TOBACCO DOES NOT APPEAR TO HAVE THE SAME EASE OF USE, PARTICULARLY ON SCHOOL GROUNDS AS E-CIGARETTES AND CIGARS DUE TO THE CUMBERSOME NATURE OF THE RELATED EQUIPMENT.

AND THEY WENT ON TO SAY QUOTE, THESE PRODUCTS DO NOT APPEAR TO HAVE THE WIDESPREAD SIGNIFICANT USE USAGE USAGE AT THIS TIME.

AND I'M SORRY, WE'RE OUT OF TIME.

GO AHEAD AND GRAB A WRAP UP IF WE CAN.

THAT WAS A GOOD PLACE TO STOP IF YOU GUYS HAVE ANY QUESTIONS GARY.

UH, ACTUALLY THANK YOU FOR COMING.

[02:35:01]

I AGREE WITH WHAT YOU'RE SAYING.

THE HOOKAHS ARE NOT AN ISSUE, UH, SUBSTANTIAL AMONG THE MINERS AND IF WE DO DECIDE ON SOME SORT OF BAND, I WANT TO CARVE OUT THE HOOKAHS HAVE AN EXEMPTION FOR THE HOOKAHS CAUSE I'M JUST LOOKING AT AND PROTECTING THE KIDS AND I HAD TO THINK, THINK A WHOLE LOT OF KIDS ARE GOING TO HIDE A, A HOOK IN THEIR POCKET AT SCHOOL.

I AGREE.

IS THERE ANY OTHER QUESTIONS OR ANY OTHER QUESTIONS? BOB, YOU SAY THAT'S AN AVERAGE SIZE.

HOW SMALL CAN THEY BE? THEY CAN BE UP TO HERE.

WELL, AND THAT'S THE LOWEST.

SO THEY WOULDN'T BE TAKING THOSE INTO THE BATHROOM EITHER.

NO, I MEAN THE OTHER THING IT'S WORTH MENTIONING IS THAT THIS BASIN NEEDS TO BE FILLED WITH WATER.

SO YOU NEED TO BE NEAR A WATER SOURCE.

AND THEN AT THE VERY TOP YOU NEED TO HAVE HEATED COALS, WHICH THE COALS ITSELF TAKES ABOUT 10, 15 MINUTES TO HEAT UP.

SO THE PROCESS ITSELF IS A LITTLE BIT OF A RITUAL.

AND YOU KNOW, I DON'T KNOW IF YOU, YOU GUYS KNOW THAT THERE'S LIKE PERSIANS, ARMENIANS, ARABS, INDIANS, TURKS, UH, THIS IS ALL THEIR HERITAGE FOR HUNDREDS OF YEARS.

IT'S A CULTURAL PRACTICE HAS BEEN AROUND FOR A LONG TIME.

WELL, I'VE SEEN A, I'VE WATCHED THIS LIVE TV PROGRAM ON TELEVISION A LOT.

UH, THE SHIT, THE LIFE POLICE, UH, AND SOME OF THEM PULL HOOKERS OUT OF CARS, BUT THEY DON'T LOOK THIS SMALL OR THAT SMALL.

THEY LOOK BIGGER.

I MEAN SMALLER THAN WHAT YOU DESCRIBED.

WELL THIS IS THE AVERAGE SIZE HOOKAH.

BUT I MEAN SOME OF THEM ARE ONLY LIKE THIS LOOK LIKE, WELL EVEN IT MIGHT BE A BONG.

I'M NOT SURE.

I DON'T KNOW THE DIFFERENCE.

SO IT MIGHT BE, YOU KNOW, LET'S TAKE THIS AS A TIME TO EDUCATE MR AND BONGS.

BUT LET'S MOVE ON.

I JUST WANTED TO EXPRESS MY APPRECIATION FOR THE JUST THE EFFORT THAT YOU'VE MADE TO EDUCATE YOURSELF.

SO THANK YOU FOR THAT.

OKAY, THANK YOU.

THAT'S A GOOD GROUP UP HERE.

BOB, I JUST WANTED TO ASSURE YOU I'M FAIRLY WELL EDUCATED KNOW ALL THIS STUFF CAUSE I GOT THREE BOYS AND UH, THE, UH, I'M COMPLETELY COMFORTABLE WITH CARVING OUT AN EXEMPTION FOR THE HOOKAHS.

I'M LOOKING AT STOPPING KIDS FROM USING THIS STUFF.

AND THE PERCENTAGE OF KIDS THAT USE HOOKAH IS GOING TO BE VERY TINY.

AND WE HAVE A LARGE NUMBER OF MIDDLE EASTERN RESIDENTS IN OKLAHOMA AND THAT, THAT IS PART OF THEIR CULTURE.

I UNDERSTAND.

AND WHERE ARE WE AT WITH, UM, WE HAVE 11 MORE SPEAKERS.

AND I'M TOTALLY OUT OF TIME.

LET'S ALL, UM, BE DEDICATED IN MOVING THIS THROUGH.

SO WE COULD GET FINISHED BEFORE THE NEXT MEETING STARTS.

YEAH, RIGHT.

GEORGE JOHNSON AND ISA .

HI, I'M GEORGE JOHNSON.

I'M FROM BUT I DO HAVE PARTS FOR MY HOOKAH THAT ARE MANUFACTURED HERE.

THE ONE YOU JUST SAW.

I MAKE THOSE IN ENCINITAS, BUT WE GET PARTS MADE HERE IN OKLAHOMA, TWO LOCATIONS HERE ON JOHNSON AND THEN DOWN ON SECOND STREET.

I WANT TO APPRECIATE, UH, SEND MY SINCERE THANK YOU FOR CARVING OUT OUR TRADITIONAL RICH HERITAGE AND I'D LIKE TO OFFER SOME BRIEF SOLUTIONS THAT I THINK ABOUT THE TEEN VAPING EPIDEMIC THAT WE ARE SEEING RIGHT NOW.

THE RETAILERS ARE YOUR FIRST LINE OF DEFENSE.

WE NEED TO WORK WITH THEM TO MAKE SURE THAT THEY ARE IMPLEMENTING BEST PRACTICES.

YOU SHOULD MAKE A GUIDANCE TO REQUIRE THEM TO HAVE THIRD PARTY ID VERIFICATION, POINT OF SALE SOFTWARE WHERE THEY HAVE TO TAKE PICTURES OF THE PATRONS THAT ARE MATCHING THE IDS IN THE SYSTEM.

THERE'S, THIS IS GREAT.

THIS IS A GREAT START.

YOU, YOU'RE EVEN GIVING REDUCTIONS FOR COMPLIANCE.

HOW CAN ANYBODY COMPLAIN ABOUT THAT? WE'RE ALL FOR RESPONSIBLE REGULATION, BUT A FLAVOR BAN WOULD, WOULD REALLY SIGNIFICANTLY HURT A LOT OF PEOPLE.

SO I DO OPPOSE A FLAVOR BAN, BUT I AM FOR RESPONSIBLE REGULATION.

THERE WAS THE END OF MY HIGH SCHOOL CAREER WAS KIND OF AT THE TIME WHEN CIGARETTES REALLY WENT ON THE DECLINE.

WE STOPPED SEEING IT WASN'T AS COOL.

YOU WEREN'T SEXY, YOU WEREN'T A REBEL.

YOU WERE USUALLY, WE WERE AN ASHTRAY.

WE WENT IN KISS YOU.

AND THAT BEING SAID, THAT'S WHAT NEEDS TO CHANGE WITH THE VAPING THING.

YOU NEED THE TEEN PEERS TO SAY, THIS ISN'T COOL.

IT'S NOT SAFE.

IT'S NOT SEXY, IT'S NOT COOL.

AND IT'S THE TOBACCO TAXES THAT ALL THESE STORES PAID THE 60% OF THE STATE OF CALIFORNIA FOR THE PLEASURE OF DOING BUSINESS HERE.

THAT PAID FOR THE TRUTH CAMPAIGNS THAT PAY FOR THAT STUFF TO HAPPEN.

SO ALSO THE EDUCATORS NEED TO BE GIVEN THE TOOLS TO, TO REPRIMAND CHILDREN, NOT SUSPENSIONS.

THEY DON'T NEED TO BE TAKEN OUT OF SCHOOLS.

THEY SHOULD BE GIVEN A SATURDAY SCHOOL WHERE THEY HAVE TO GIVE A REPORT ON RECENT VAPING EPIDEMICS AND PROBLEMS IN THE HEALTH PROBLEMS OF VAPING.

GIVE POLICE THE TOOLS TO ISSUE CITATIONS FOR PERSONS FURNISHING TOBACCO TO MINORS IN THE SAME RESPECT AS FURNISHING ALCOHOL TO MINORS.

GIVE THE EDUCATORS, GIVE THE POLICE THE TOOLS.

[02:40:01]

I KNOW IT'S GETTING LATE.

ANY QUESTIONS? OH, THANK YOU.

APPRECIATE IT.

GOOD EVENING EVERYBODY.

MY NAME IS .

I AM AN ATTORNEY.

I WORK IN THE TOBACCO INDUSTRY.

UH, WE REPRESENT A COMPANY THAT MAKES WATER PIPE TOBACCO WHO GET TOBACCO.

UH, WE'RE BASED IN THE UNITED ARAB EMIRATES AND WE DISTRIBUTE ALL OVER THE WORLD, INCLUDING THE U S UM, I DON'T WANT TO SAY TOO MUCH BECAUSE YOU GUYS ARE, SEEM TO BE, YOU KNOW, UH, REALLY, UH, YOU KNOW, KEEN ON, ON EXEMPTING HOOP WHO GO, WHICH IS, YOU KNOW, WHAT OUR GOAL IS ULTIMATELY.

UM, BUT, UH, I HAVE LOTS OF EXPERIENCE WITH FDA AND I COULD BRING CLARITY TO THAT WHOLE PROCESS.

AND BASICALLY IN SHORT, THERE IS A COMPLIANCE DEADLINE COMING UP ON MAY 11, 2020 WHEREIN ALL VAPE MANUFACTURERS ARE GOING TO HAVE TO APPLY TO GET MARKETING AUTHORIZATION FROM THE FDA IN ORDER TO REMAIN ON THE MARKET.

SO COME MAY 11, 20, 20, ANYTHING THAT HASN'T OBTAINED PRE-MARKET AUTHORIZATION HAS TO BE TAKEN OFF THE MARKET BECAUSE IT'S AN ADULTERATED PRODUCT.

SO JUST KEEP THAT IN MIND AS YOU GUYS ARE, YOU KNOW, DELIBERATING THE, YOU KNOW, THE ORDINANCE.

YES, SIR.

ISN'T HEROIN ILLEGAL HEROIN AS FAR AS I KNOW, HEROIN IS ILLEGAL, SO, SO DON'T YOU THINK THAT THEY'RE GOING TO JUST SELL IT ANYWAY, WHETHER IT'S APPROVED BY THE FDA OR NOT? SO ANYWAY, LET'S LET HIM FINISH AND THEN WE CAN ASK THEM SOME QUESTIONS.

I, YOU COULD HAVE 20 SECONDS MORE IF YOU NEED IT.

OKAY, GREAT.

UH, SO JUST A COUPLE OF COMMENTS.

UM, YOU KNOW, BANDS ARE A TRICKY THING.

IF OUR ULTIMATE GOAL IS TO GET THESE THINGS OUT OF THE HANDS OF OUR YOUTH, THEN, THEN LET'S, LET'S DO STRICTER ENFORCEMENT, UH, OF OUR, OF OUR RULES.

UM, LET'S DO, UH, INCREASED IN INCREASING OPS.

YOU KNOW, UH, DEFINITELY AGREE WITH INCREASED FINES, INCREASED SUSPENSIONS.

SO WITH THAT, I'LL, I'LL, I'LL YIELD TO YOU IF YOU HAVE ANY QUESTIONS.

I'M LUCY HAS ANY QUESTIONS FOR YOU? ALRIGHT, NO, THANK YOU FOR COMING.

YUP.

LISA WATKINS BRIDGES AND CAROL GREEN.

BETWEEN 2011 AND 2015 VAPING, E-CIGARETTE SMOKING WENT UP 900% FOR 30 YEARS.

HI, MY NAME IS CAROL GREEN.

I AM THE PRESIDENT ELECT OF THE CALIFORNIA STATE PTA AND I AM THE WIFE OF A MIDDLE SCHOOL TEACHER HERE IN EL CAHONE.

I KNOW, GOD BLESS ME.

UM, MY M I AM ALSO THE MOTHER OF THREE NOW, YOUNG ADULTS.

UM, SO I AM HERE, UM, ON BEHALF OF THE PTA AND ON BEHALF OF MYSELF TO SHARE A COUPLE OF PIECES OF INFORMATION WITH YOU.

UM, FIRST OF ALL, YAY.

WE ALL AGREE EVERYONE THAT WE SHOULD STIFFEN THE FANS AND NOBODY SHOULD EVER SELL THE KIDS.

I MEAN, LET'S DO THAT RIGHT NOW.

AND, AND THAT IS A GREAT START.

ALSO, I AM AN ETERNAL OPTIMIST.

I WANT TO SOLVE ALL THE PROBLEMS. I DON'T WANT KIDS USING HEROIN.

I DON'T WANT THEM USING MARIJUANA.

I DON'T WANT THEM USING TOBACCO.

I DON'T WANT THEM DRINKING.

I WANT THEM GETTING STRAIGHT A'S.

I WANT, I WANT EVERYTHING FOR MY KIDS AND FOR EVERY OTHER KID IN THE STATE OF CALIFORNIA.

BUT WE GOTTA START SOMEPLACE AND YOU HAVE AN OPPORTUNITY RIGHT HERE, RIGHT NOW TO START WITH THE KIDS IN EL CAHONE.

AND THIS IS A REALLY IMPORTANT THING THAT YOU CAN DO.

SO LET'S START WITH PENALTIES.

LET'S TALK FOR A SECOND ABOUT VAPING AND FLAVORS.

UM, YOU ALL RECEIVED THIS LOVELY BROCHURE.

UM, I KNOW, CAUSE I DROPPED IT OFF A COUPLE, UM, A WEEK OR A COUPLE OF WEEKS AGO AND I WOULD REALLY ENCOURAGE YOU TO READ IT.

I WANT TO SHARE WITH YOU ONE ITEM THAT'S IN IT CAUSE I DON'T HAVE TIME TO SHARE MUCH MORE.

VAPING IS NOT RECOMMENDED FOR CESSATION.

THERE ARE SEVEN FDA.

WE'VE BEEN TALKING A LOT ABOUT THE FDA APPROVED MEDICATIONS FOR CESSATION.

NONE OF THEM ARE INHALED.

SO THAT'S SOMETHING THAT'S IMPORTANT.

I'M RUNNING ON TIME.

THE BEST WAY TO PREVENT TOBACCO ADDICTION IS TO PREVENT YOUTH FROM EVER USING IT.

81% OF THE KIDS WHO USE TOBACCO STARTED WITH FLAVORS.

SO BANNING FLAVORS WOULD GO A LONG WAY TO HELP OUR KIDS.

AND ONLY BECAUSE THIS WAS MENTIONED, I'M ONE OF THE GENTLEMEN THAT WAS UP HERE SAID WE SHOULD TURN THE CLOT OR WE CAN'T TURN THE CLOCK BACK.

EIGHT YEARS AGO, EIGHT YEARS AGO WAS 2011 BETWEEN 2011 AND 2015 STUDENTS INCREASED 900% IN VAPING.

SO, AND THIS STATISTICS IN PACKETS AS WELL, AND IT CAN BE FOOTNOTED.

CURRENT E-CIGARETTE USE HAS INCREASED 78% AMONG HIGH SCHOOL STUDENTS.

[02:45:01]

WE'VE BEEN MAKING GREAT PROGRESS.

PEOPLE HATE CIGARETTES.

IT'S BEEN WONDERFUL.

AND NOW THAT FAST WE HAVE FLAVORS AND WE HAVE VAPES AND IT'S COOL.

AND I AGREE WITH THE GENTLEMAN THAT SAID WE SHOULD MAKE IT UNCOOL.

AGAIN, BEST WAY TO MAKE IT UNCOOL AGAIN, MAKE IT NOT AVAILABLE.

LET ME SEE IF THERE'S ANY QUESTIONS.

THANK YOU FOR CALLING THOMAS GALLOWAY AND TONY.

SO TILLY.

HELLO SIR.

WELCOME NAUGHTY.

I'M IN MY GLASSES BY THE GLASSES.

HAVE THE LENSES FALLING OUT.

SO THAT'S WHY, BUT THAT'S HAPPENED TO BE BEFORE TOO.

AND COGNITO, BUT, UM, ONE OF THE RECENT, UM, POPE'S SAID JUST THREE WORDS.

UH, ADDICTION IS OKAY.

FOR THOSE OF YOU WHO ARE REALLY CONCERNED ABOUT THE FREEDOM OF A PERSON TO, TO, TO HAVE A NICOTINE, THINK ABOUT THE, THE PEOPLE THAT ARE IN THE SURROUNDING AREAS WHO DO NOT HAVE, IT WAS NOT THEIR CHOICE TO HAVE IT.

AND, UH, I GREW UP WITH, UH, MANY PEOPLE IN MY FAMILY.

I'VE LOST FOUR CLOSELY CLOSE MEMBERS OF MY FAMILY TO NICOTINE.

AND, UM, IT RUINED THEIR LIVES FOR MANY OF THEIR, UH, THEIR YEARS.

I KNOW BOB CLONING, IT WON'T AFFECT HIM, BUT THE YOUNGER PEOPLE OUT HERE DO NOT REALIZE HOW MANY PEOPLE HAVE DIED AND THEY'RE, THEIR LIVES RUINED BECAUSE OF, UM, BECAUSE OF NICOTINE BEING ADDICTIVE.

AND I ALWAYS REMEMBER THE, IN CONGRESS, THE, THEY HAD FOUR OR FIVE, YOU KNOW, P, LOWER LARD, ALL OF THE DIFFERENT, UH, TOBACCO PEOPLE.

AND THEY WERE SAYING OREOS NO TO DRIFTING.

AND I JUST WANTED TO TAKE THEM BY THE NECK AND THERE, BUT I CAN'T DO REVENGE.

I WANT LEGAL REVENGE.

UH, UH, I DO NOT THINK THAT NICOTINE IN THE VAPING IS ANYTHING BUT A GATEWAY DRUG.

BACK TO THE P LORD LARD MAKING HUMANITY HUMONGOUS PROFITS.

WE'VE RUN OUT OF TIME.

UM, THERE MAY BE SOME QUESTIONS THOUGH.

DO YOU WANNA MAKE YOUR LAST POINT? GO AHEAD.

ONE LAST POINT.

IT LOOKS ENTERTAINING.

YOU GOT FIND A, WELL, THINK ABOUT THIS.

BE CAREFUL OF WHERE YOU'RE GETTING YOUR, UM, RESEARCH ALL OF THE, UH, TOBACCO PEOPLE, UH, TOBACCO COMPANIES HAD PAID PEOPLE WHO WOULD SAY ANYTHING IN THE NAME OF THEIR RESEARCH.

CIGARETTES.

THANK YOU VERY MUCH SIR, SIR, SIR.

OH YEAH, THERE WE GO.

WHO'S NEXT? TONY.

TOTALLY.

SO TILLY IS ONE OF OUR PLANNING COMMISSIONERS HAS BEEN FOR HOW LONG NOW? SINCE 2006 ARE NICE.

ACTUALLY MEANS IS THAT ACCORDING TO THE BIBLE, WE'RE ALL BORN SINNERS AND WE'RE ALL BORN CENTERS.

I DIDN'T START SMOKING UNTIL I JOINED THE ARMY.

THE DRILL SERGEANT SAYS SMOKE BREAK AND I THOUGHT IT WAS A COMMAND.

PUT ALL JOKING ASIDE, YOU KNOW, I, I DO AGREE WITH INCREASING, UH, THE, UH, RESTRICTIONS AND SO FAR AS THE SMOKING ORDINANCE IS CONCERNED AND CONTROLLING THE TOBACCO INDUSTRY.

AND I'VE HEARD A LOT OF THINGS ABOUT FREEDOM.

AND FREEDOM OF CHOICE, UH, WELL INSINUATED HERE AND THERE, YOU KNOW, AND ALSO AS A HERD THAT UH, TO RESTRICT SOMEBODY AS AGAINST CHRISTIAN MORALITY, UH, REGARDING A CHOICE.

WELL, YOU KNOW, CHRISTIAN CHRISTIAN LIBERTY IS A THEOLOGICAL PERSPECTIVE AND WHAT CHRISTIAN LIBERTY

[02:50:01]

WE DON'T HAVE THE CAPACITY TO ACT MORALLY AND THE ONLY TIME THAT WE CAN ACT MORALLY BECAUSE WE CANNOT GO AGAINST OUR OWN NATURE.

WE CANNOT ACT.

SO ANY CHOICE THAT WE MAKE, WE MAKE IT ACCORDING TO OUR NATURE.

SO THE ONLY TIME WE CAN MAKE A MORAL CHOICE, WHICH IS MORE CHOICE ACCORDING TO GOD, IS WHAT WE HAVE.

GOD, THE HOLY SPIRIT RESIDING IN OUR HEARTS WHO CONVICTS US TO MAKE A MORAL CHOICE.

THAT'S WHAT CHRISTIAN LIBERTY IS, IS TO DO GOOD AND TO DO SOMETHING WHICH IS MORALLY GOOD, WHICH DOES NOT COME FROM THE PERSON ITSELF.

IT COMES FROM GOD ITSELF.

AND ALSO THE BIBLE TEACHES THAT IF YOU ALLOW ANY OF THE LITTLE ONES TO FALL AWAY OR COMMITTED, SIN IS BETTER THAN A MILLSTONE WAS TIED AROUND YOUR BACK, NECK AND YOU WERE THROWN INTO THE SEA AND WERE DROWNED.

SO THE BIBLE IS A VERY SPECIFIC REGARDING, UH, YOU KNOW, UH, CHRISTIAN LIBERTY, MORALITY, AND WE WHAT IS ADULT WE ARE TO DO, YOU KNOW, WE AS ADULTS TEACH OUR CHILDREN BY WHAT WE, WHAT WE, WHAT WE ACT, WHO CAN SAY ONE THING AND ACT A DIFFERENT WAY.

WE'RE TEACHING THE CHILDREN TO ACT THE WAY THAT WE ACT.

SO THEREFORE WHAT WE SAY HAS NO RELEVANCE WHATSOEVER.

SO I DO, UH, RECOMMEND AND, UH, YOU KNOW, UH, MAKING VAPING ILLEGAL.

THE REASON BL, UH, RECOMMEND UNTIL THERE'S A STUDY WHY SO MANY PEOPLE ARE DYING, WHY SO MANY PEOPLE ARE BEING HOSPITALIZED, HOSPITALIZED.

SO I DO BELIEVE THAT WE DO HAVE, UH, AN IMPORTANT ISSUE RIGHT NOW.

YOU KNOW, UH, CIGARETTE SMOKING HAS BEEN AROUND FOR A VERY LONG TIME, BUT VAPING HAS NOT, AND NOW THIS HAS ARISEN.

SO I DO RECOMMEND TO THE CITY COUNCIL TO, TO MAKE IT ILLEGAL UNTIL THERE'S MORE INFORMATION.

AND WITH THE ADD INFORMATION, WE CAN MAKE PROPER CHOICES BECAUSE NOT ONLY DOES IT KILL THE ADULTS, IT KILLS CHILDREN BECAUSE SHORTER WANT TO BE LIKE ADULTS AND THEY WANT TO ACT LIKE ADULTS.

OKAY, THANKS.

LET ME SEE.

THERE'S ANY QUESTIONS, TONY.

THANK YOU, TONY.

LORENZA, HIGLEY AND JAMES ELLIA.

WE HAVE FIVE MORE SPEAKERS.

JAMES.

HELLO, MR MAYOR, UH, EVENING COUNCIL MEMBERS.

MY NAME IS JAMES .

I'M THE FORMER DIRECTOR OF OPERATIONS FOR THE NEIGHBORHOOD MARKET ASSOCIATION AND A PROUD MEMBER OF THE COUNTY AND COMMUNITY.

AND I'M HERE TO URGE YOU AGAINST ADOPTION OF THIS ORDINANCE.

UNDOUBTEDLY NOBODY IS ADVOCATING FOR THE SALE OF TOBACCO PRODUCTS TO CHILDREN.

PENALTIES SHOULD BE HEFTY.

REGULATIONS SHOULD BE HIGH.

HOWEVER, I FEEL AN OUTRIGHT BAN ON VAPE PRODUCTS WOULD BE ABSURD TO SAY THE LEAST, ESPECIALLY FOR A COUNCIL THAT LOVES TO CALL THINGS UN-AMERICAN, LIKE PROHIBITION AND LIKE MARIJUANA BANS.

THIS WILL BACKFIRE AND CONTINUE TO CRIMINALIZE PEOPLE WITH BLACK MARKET SALES.

NO QUESTION.

I LOOK AT THIS BAND AS A CONTINUE TO TACKLE IN THE KELVION COMMUNITY AND COINCIDENTALLY OTHER, UH, OTHER BUSINESS OWNERS THAT HAPPENED TO BE PEOPLE OF COLOR.

I'VE SEEN THIS COUNCIL DECLINE LIQUOR LICENSES DESPITE APPLICANT'S PASSING ALL REQUIRED PROCEDURES.

I'VE SEEN HIM, THE COUNSELOR, THE CLINE GAS STATION APPLICATIONS, DESPITE PASSING ALL REGULATORY COMPLIANCE NEEDS.

I'VE SEEN APPLICATIONS DENIED FOR BUILDING EXPANSIONS AND I'VE EVEN SEEN A DISGRACED MAYOR HAVE TO STEP DOWN FOR CALLING CAL DNS WELFARE CASES.

THIS JUST ADDS TO THAT LAUNDRY LIST.

I FINALLY COMMENDABLE THAT COUNCIL MEMBER, KENDRICK FEELS IT NECESSARY AS A PARENT TO DO SOMETHING ABOUT THIS.

BUT COUNCIL MEMBER, YOU WERE NOT ELECTED TO BE OUR PARENT.

YOU WERE ELECTED TO MAKE SURE THAT ROME WASN'T BURNING AND ROWAN WAS INDEED NOT BURNING UNLESS WE TALK ABOUT THE OPIOID CRISIS, WHICH IS KILLING PEOPLE IN THE CITY.

UNLESS WE WANT TO TALK ABOUT HOMELESSNESS, WHICH IS KILLING PEOPLE IN THIS CITY.

AND IN RESPONSE, WE GET PANHANDLING BANDS IN THE CITY AND WE GET ORDINANCES WHERE YOU CANNOT FEED PEOPLE IN PUBLIC PARKS.

I CAME HERE TWO MONTHS AGO AND I TOLD YOU THE WATERDOWN CLIMATE ACTION PLAN THAT YOU WERE PASSING WAS GOING TO RESULT IN LAWSUITS.

INDEED, THE CITY IS BEING SUED AND I'M HERE TO TELL YOU AGAIN, THIS WILL RESULT IN LAWSUITS.

HOW MUCH WOULD WE BE SPENDING IS TAXPAYERS AND LEGAL FEES SO SOMEONE CAN ADD TO A POLITICAL RESUME THAT THEY TOOK ON BIG TOBACCO WHEN AN ACTUALITY YOU'RE DRASTICALLY HELPING BIG TOBACCO BY TAKING OUT THEIR BIGGEST COMPETITION.

AND IF YOU WOULD JUST ENTERTAIN ME.

I'LL WRAP UP RIGHT NOW.

UH, JUST A QUICK QUESTION ON CONDUCT.

UM, JOSH, REMEMBER KENDRICK, I'VE ALWAYS LIKED YOU.

I'VE ALWAYS CONSIDERED YOU A FRIEND.

I'VE NOTICED YOU SAYING YOU'RE SELLING SOMETHING THAT'S MURDERING KIDS.

YOU'RE KILLING OUR KIDS.

THAT, THAT DOES THINGS FOR KIDS AND CHARITY IN OUR COMMUNITY.

RAMON MAN, SOAR CAME IN HERE AS A BUSINESS OWNER AND YOU LOOKED AT HIM AND YOU SAID YOU'RE SELLING SOMETHING THAT'S KILLING OUR KIDS.

AND THEN WHEN HE TRIED EXPLAINING HIMSELF, YOU SAID, I THINK WE NEED TO MOVE FORWARD.

IT WAS VERY DISMISSIVE.

I CAN TELL YOU RIGHT NOW, AS A MEMBER OF THE CAL AND COMMUNITY, THERE'S NOBODY LIKE THE MONSOOR FAMILY THAT DOES SOMETHING THAT,

[02:55:01]

I UNDERSTAND YOU'RE VERY PASSIONATE ABOUT THIS ISSUE, BUT THE DISRESPECT SOMEBODY WHO'S DRASTICALLY HELPED MY COMMUNITY IS UNCALLED FOR AND YOU OWE HIM AN APOLOGY ONLINE.

YOU'VE BEEN SAYING IT.

MY FATHER CAME HERE FROM IRAQ AS AN, AS A REFUGEE.

UH, I'M, I'M, I'M GIVE ME 10 SECONDS AS A REFUGEE, A SINGLE FATHER OF EIGHT BECAUSE MY MOTHER PASSED AWAY AT A YOUNG AGE FROM CANCER AND HE MADE A LIVING OWNING A TOBACCO SHOP FOR 31 YEARS.

HE'S NO MURDERER.

HE DID EVERYTHING HE COULD TO MAKE SURE HIS KIDS COULD SURVIVE.

SO IT'S VERY CONDESCENDING AND I REALLY DON'T APPRECIATE IT.

AGAIN, I UNDERSTAND YOU'RE, YOU'RE, YOU'RE PASSIONATE ABOUT IT, BUT IT'S UNCALLED FOR.

HERE'S MY RECOMMENDATION.

OKAY, THREE MORE SPEAKERS.

HI MONROE HAS AND VANESSA ESCAPED.

HELLO SIR.

WELCOME.

GOOD MORNING, MR MAYOR.

I HAVE SOME DOCUMENTATION OF FACTS AND SHE'LL GET IT TO US.

GOOD EVENING, MR MAYOR AND COUNCIL MEMBERS.

MY NAME IS JAIME ROJAS.

I'M WITH THE NATIONAL ASSOCIATION TOBACCO OUTLETS WHERE AN ORGANIZATION'S BEEN AROUND FOR A QUARTER CENTURY.

I'M REPRESENTING RETAILERS THROUGHOUT THE UNITED STATES, INCLUDING HERE IN EL CAHONE ON TO GET SOME FACTS AND FACTS UP THERE AND HAND HANDING OUT.

IN THE LAST THREE YEARS, BOTH THE FDA AND CALIFORNIA CODE ENFORCEMENT HAVE SHOWN THAT 95% SUCCESS RATE IN STING OPERATIONS OF RETAILERS HERE IN 95% SUCCESS RATE IN THREE YEARS.

IN ADDITION TO THAT, I ALSO AM PASSING A DOCUMENTATION FROM REPORTING DONE BY THE CAJON VALLEY UNION SCHOOL DISTRICT INDICATING THE PAST FEW YEARS.

UM, SOME OF THE ISSUES AT HAND, UH, LET ME GIVE YOU CURRENT ALCOHOL AND DRUG USE.

6% UH, CURRENT CIGARETTE SMOKING, 2% CURRENT ELECTRONIC CIGARETTE USE, 4%, UH, MARIJUANA, 2% AND MENTAL HEALTH 22 TO 26% FROM THE CITY OF .

IN ADDITION TO THAT, UH, WE'VE HEARD PEOPLE MENTION ABOUT, UH, SAN FRANCISCO AND THE FLAVOR BAND.

THERE'S 7% OUT OF THE 480 SOME CITIES IN THE STATE OF CALIFORNIA TO HAVE A FLAVOR BAND.

THE ONE CAVEAT THE PERSON MENTIONED IT IS NOT WORKING.

THE NUMBERS ARE STAYING THE SAME ON YOUTH ACCESSING IT BECAUSE AS MANY PEOPLE MENTIONED TODAY, TWO THINGS, ONLINE SALES, WHICH IT CAN ONLY BE CONTROLLED BY THE FEDERAL GOVERNMENT AND TWO ADULTS BUYING OR GIVING IT TO YOUTH UNDER THE AGE.

WE WORK WITH MANY CITIES DOING A GRANT THROUGH DEPARTMENT OF JUSTICE AND HELPING USING ELECTRONIC SALES AND GIVING GRANTS TO SMALL BUSINESS OWNERS WHO CAN'T AFFORD IT.

TWO IS THE ABILITY TO UM, RAISE THE TOBACCO RETAIL LICENSE IN ORDER TO INCREASE EDUCATION, OUTREACH AND CODE ENFORCEMENT.

UM, AND THEN WE'RE NOT IN FAVOR OF IMMEDIATE, UH, BANNING, UH, EXCUSE ME, A SUSPENSION.

BUT THE CURRENT NUMBERS AS AS STAFF HAS WRITTEN ACTUALLY WORKS.

THE PENALTIES WORK.

YOU SEE A DRAMATIC CHANGE FROM FIRST VIOLATION COMING DOWN A SECOND VALUATION TO MORE THAN HALF.

SO WE'RE HERE TO WORK WITH YOU.

WE HEAR WHAT YOU'RE SAYING AND WE HAVE SOLUTIONS FOR YOU AND WE LOVE TO WORK WITH YOU AND I APPRECIATE YOU TAKING THE QUESTIONS.

I APPRECIATE YOU TAKING THE TIME.

I KNOW IT WAS THREE HOURS AND I, AND WE'LL GO FROM THERE.

BUT THANK YOU SO MUCH AND ANY QUESTIONS I MIGHT HAVE IF I'M ANY OF YOU.

THANK YOU, SIR.

MR. COUNSELOR, CATEGORICAL ELECTRONIC COMMENT.

UH, I'M 21, BUT THEY, THEN THEY DON'T CHECK THE ID.

UH, I'M LOOKING, THIS IS AT THE, THE STATE, UH, INVESTIGATORS DID THE STINGS.

THERE'S A BIG DIFFERENCE BETWEEN HOW WE DO OUR STINGS IN THE STATE, THE TESTINGS TO STATE THAT ARE THE, UH, KIDS GO AND TRY AND BUY THE TOBACCO.

UH, THEY'RE NOT ALLOWED TO LIE.

SO THE GUY SAYS, ARE YOU 21? THEY HAD TO SAY NO.

SO THE RETAILER KNOWS THAT THEY CAN SELL THE PERSON THEY KNOW TO NOT SELL THE, THE PERSON, BUT OUR, OUR GUYS THAT COME IN, OUR KIDS THAT COME IN TO DO THE STING, THEY'RE ALLOWED TO LIE JUST, JUST LIKE A, A REAL KID WOULD.

AND HE SAYS, OH, I'M 21.

AND THEN THEY KNOW, OH, THIS ISN'T A GUY THAT STINGING US.

HERE'S, HERE'S YOUR TOBACCO.

SO THAT'S THE DIFFERENCE.

AND THAT'S WHY THIS IS MEANINGLESS, THAT WE, THE PEOPLE, THE KIDS THAT STAY, THAT ARE IN INSTINCT OPERATIONS JUST ACT LIKE THE REAL WORLD.

THEY'RE ALLOWED TO SAY, YEAH,

[03:00:01]

CERTAIN RETAILER KNOWS THAT, THAT UH, IF ANYBODY SAYS THEY'RE 21, UH, IT'S NOT A STING PERSON COMING IN FROM THE STATE.

WOULD YOU LIKE TO COME BACK UP AND ANSWER THAT? I DO.

I FIND IT HARD TO BELIEVE THAT THE ABC, WHEN THEY DO THEIR TESTING OPERATIONS AS IT THE SAME WAY AS THE FEDERAL GOVERNMENT AS WELL AS THE STATE.

SO LYING AND ENTRAPMENT JUST PUTS THE CITY INTO A LEGAL PREDICAMENT.

SO I WOULD RECOMMEND FOLLOWING WHAT THE STATE DOES AND WHAT THE FEDERAL GOVERNMENT DOES IN BOTH TOBACCO AND ALCOHOL.

IT MAKES A STING OPERATION ABSOLUTELY USELESS IF THE RETAILERS KNOW, UH, OH, I DON'T SELL TOBACCO, THIS PERSON, UH, YOU KNOW, IF, IF HE SAYS, NO, I'M, I'M NOT 21, SO HE MIGHT AS WELL NOT HAVE A STING OPERATION AT ALL.

LASER JEALOUS OR WE'RE GOING TO STICK WITH THE A WITH THE PROBLEM AT HAND AND WE CAN, THERE'S OBVIOUSLY LOTS OF ROOM FOR, OF THE BAIT OVER ALL OF THIS, BUT WE'RE ALMOST DONE WITH THE SPEAKERS SO WE MAY, WE MAY GO HOME TONIGHT YET.

SO HE ESCAPED.

WE RECEIVED AN ADDITIONAL CARD.

SO OUR LAST TWO SPEAKERS ARE EDWARD LEE AND JOHN HARRIS.

HI MR. WE WELCOME.

HELLO.

THANK YOU SO MUCH FOR HAVING ME.

UH, I BELIEVE, UH, OVARY, UH, OVER-REGULATION, EH, I'M AGAINST IT.

I'M OKAY WITH THE STIFFER FINES.

I'M ACTUALLY A BIOLOGY STUDENT AT MESA AND, UH, SDSU.

I HAVE NO CONNECTIONS TO THE TOBACCO INDUSTRY.

I HAVE WORKED FOR A TOBACCO STORE WHEN I WAS YOUNGER, WHEN I WAS, WHEN I WAS 21.

UH, BUT I QUIT THAT JOB A LONG TIME AGO.

UH, THESE MOM AND POP STORES, THEY'RE LIKE LOWER MIDDLE CLASS AND THE 60 TO 30 DAY BAN, UH, WOULD LIKE, UH, WOULD TOTALLY ANNIHILATE THEIR BUSINESS CAUSE I'VE MANAGED THE ONE, I MANAGE THEIR STORES BEFORE.

UM, AND, UH, I THINK THE MOST EFFECTIVE, UH, EFFECTIVE APPROACH TO HELPING CHILDREN, UH, NOT THE, UH, GO INTO A VAPE PRODUCTS IS MENTORING.

YOU KNOW, I WAS MENTOR, I WAS MENTOR TO STAY AWAY FROM THAT.

SO I THINK THE BIGGEST SCOURGES ALCOHOL, YOU KNOW, IT KILLS 4,300 CHILDREN A YEAR, YOU KNOW, EACH YEAR WHILE VAPE IS ONLY LIKE 18, SINCE ITS DECEPTION, WHICH IS LIKE EIGHT YEARS AGO.

UM, AND ALSO WE HAVE LIKE A PROBLEM WITH HOMELESSNESS.

HOMELESSNESS IS LIKE TRAUMATICALLY HIGH HOUSING.

UH, HOUSING IS INCREDIBLY EXPENSIVE.

WE NEED TO FOCUS ON, UH, LOW INCOME HOUSING.

YOU KNOW, I THINK, UH, WE'RE GOING THE WRONG DIRECTION.

IF YOU, UH, WHAT I WANT TO SAY IS, UH, IS WHEN YOU, WHEN YOU MAKE SOMETHING THAT REALLY ISN'T A CRIME, YOU STILL CREATE, WHEN YOU STILL MAKE REAL CRIMINALS AND THESE PEOPLE LIKE LET'S SAY YOU'RE JUST GONNA OPEN UP A BLACK MARKET THAT COMES FROM MEXICO OR THEY'RE JUST GOING TO DRIVE TO A DIFFERENT STATE.

AND THAT'S, UH, THAT'S ALL I WANTED TO SAY.

MINERS ACCOUNTABLE FOR ILLEGALLY OBTAINING THESE PRODUCTS.

FOR SURE.

OUR LAST SPEAKER IS JOHN HARRIS.

WELCOME JOHN.

HELLO COUNCIL.

MY NAME IS JOHN HARRIS AND I'VE BEEN AFFILIATED WITH THE VAPE COMMUNITY FOR THE PAST FIVE YEARS.

FLAVORS ARE A BIG ASPECT OF OUR INDUSTRY AND THEY ARE APPEALING.

I REFUSE TO STAND BEFORE YOU AND TIP TOE AROUND THAT.

IN OUR STORE WE OFFER ALL OF OUR CUSTOMERS A SURVEY.

THE SURVEY DEPICTS THEIR AGE, HOW MANY YEARS THEY'VE BEEN TOBACCO-FREE, AND WHAT FLAVOR E-LIQUID THEY USE TO GET OFF OF THEIR PRIOR PRODUCT.

ALL OF THESE ADULTS, MYSELF INCLUDED, HAVE BEEN SUCCESSFUL WHILE USING FLAVORED E-LIQUID.

LET ME EMPHASIZE THE FACT THAT I MENTIONED ADULTS.

EVERY COMPANY I'VE WORKED FOR HAS IMPLEMENTED SERIES, AGE VERIFICATION PROCESSES, DISALLOWING, ANY AND ALL SALE TO MINORS COUNCIL.

THE ADULT VAPE COMMUNITY DOES NOT WANT THE YOUTH OF OUR COUNTRY TO VAPE EITHER.

ON THIS SUBJECT WE STAND WITH YOU, BUT THE PROBLEM DOES NOT LIE WITH THE FLAVORS.

THE PROBLEM LIES WITH WHO CAN DISTRIBUTE VAPE PRODUCTS AS A WHOLE.

INSTEAD OF BANNING VAPING, WE SHOULD TAKE A SIMILAR APPROACH LIKE SALT LAKE CITY, UTAH TOOK WHAT WE HAVE DONE.

WHAT THEY HAVE DONE IS HEAVILY REGULATE WHO IS ALLOWED TO SELL THESE PRODUCTS.

REMOVING THESE PRODUCTS FROM UNAUTHORIZED VAPE SHOPS WILL LIMIT THESE ACCESS POINTS FOR OUR YOUTH TO OBTAIN THIS MERCHANDISE.

HEAVY CONSEQUENCES SHOULD BE PLACED ON THOSE PARTIES THAT CAN ADHERE TO THE LAW FINDS ENCLOSURES TO THOSE THAT CONTINUE TO SELL TO MINORS.

AND I ALSO PROPOSE THAT WE HOLD THESE

[03:05:01]

LET'S NOT DISMISS HOW ALL OF THE STARTED PEOPLE PURCHASING BLACK MARKET, THC PARK, UH, CARTRIDGES.

THESE CARTRIDGES WERE ILLEGALLY OBTAINED AND INSTEAD OF GOING, UH, AFTER THAT SOURCE, YOU ARE HOLDING AN ENTIRE INDUSTRY WRONGFULLY AT BLAME.

IT HAS BEEN STATED BY BOTH THE FDA AND THE CDC THAT THESE THC CARTRIDGES ARE TO BLAME FOR THE ILLNESSES THAT HAVE PLASTERED OUR MEDIA PAGES OVER THE LAST MONTH.

NICOTINE BASED E-LIQUID AND AUTHORIZE VAPE SHOPS ARE NOT THE PROBLEM THE BLACK MARKET AND UNAUTHORIZED RETAILERS ARE.

AS A RESULT OF THE BAN, HUNDREDS OF THESE CITIES RAISE HUNDREDS OF THE CITY'S RESIDENTS WILL SUFFER.

PEOPLE RESORT BACK TO LEAF TOBACCO PRODUCTS.

A SUBSTANCE THAT IS BLATANTLY MORE DANGEROUS THAN NICOTINE BASED E-LIQUID.

MANY WILL LOSE THEIR JOBS AND THOSE THAT ARE RESOURCEFUL ENOUGH WILL CONTINUE TO FIND VAPE PRODUCTS THROUGH OTHER AVENUES.

THE SAME BLACK MARKET THAT HAS PRODUCED THESE ILLEGAL THC PRODUCTS WILL PRODUCE OTHER VAPE PRODUCTS AND THAT IS WHERE YOUR RESIDENTS WILL TURN THE CONSEQUENCES OF THAT WILL BE ON YOUR HANDS BECAUSE YOU HAVE CHOSEN TO LIMIT YOUR ADULT RESIDENT'S RIGHTS TO LEGALLY PURCHASE A PRODUCT.

THE VAPE COMMUNITY IS NOT THE PROBLEM.

WHO YOU ARE ALLOWING TO DISTRIBUTE OUR PRODUCTS IS THANK YOU FOR YOUR TIME.

ARE WE DONE? IS THERE ANY MORE SMART CARDS THERE? AND MORE CARDS.

OKAY, WELL THANKS EVERYBODY.

THAT WAS REALLY GRAY.

UM, EVERYBODY GOT ALONG VERY WELL AND NOBODY SHOT ANYBODY DOWN.

I THOUGHT YOU GUYS HANDLE YOURSELVES FANTASTIC.

WE'RE NOW GOING TO SEE WHERE WE GO IN THE NEXT PART OF THIS, WHICH IS THE BRIEF TO THE COUNCIL AND THE COUNCIL WILL MAKE SOME DECISIONS.

NOW, ONE THING I CAN TELL YOU IS THAT W WHAT WE'RE HERE FOR, THIS SPECIFIC, UM, AGENDA ITEM IS THAT WE HAVE TO DISCUSS THE MODIFYING THE EXISTING OR EXISTING ORDINANCE WHETHER WE WANT TO MODIFY IT OR NOT.

AND THAT'S REALLY THE ONLY DECISION WE CAN MAKE TONIGHT.

UH, WE CANNOT PASS AN ORDINANCE THAT IS NOT ON THE AGENDA.

AND SO, UM, BANNING, UH, E-CIGARETTES IS ON THE AGENDA.

UH, DEALING WITH THE FLAVORS IS NOT ON THE AGENDA.

WE CAN HOWEVER, MAKE A SUGGESTION TO STAFF TO BRING US BACK AT THE NEXT COUNTY MEET, UH, THE NEXT COUNCIL MEETING, AN ORDINANCE THAT WOULD REFLECT THE DECISION WE MAKE TONIGHT.

AND THEN WE WOULD AGAIN HAVE A PUBLIC HEARING AND TALK ABOUT IT.

SO JUST TO MAKE SURE EVERYTHING'S CLEAR.

SO I THINK THE FIRST THING WE SHOULD DO IS TALK ABOUT THE EXISTING ORDINANCE AND WHETHER OR NOT THE COUNCIL FEELS LIKE WE, IT'S, IT'S A FINE THE WAY IT IS.

IT NEEDS TO BE LIGHTENED OR IT NEEDS TO BE MADE, MADE MORE HEAVY.

BOB.

WELL, I HEARD A LOT OF SHOP OWNERS THAT THEY, THEY WOULD NOT OBJECT TO A $2,500 FINE FOR THE FIRST OFFENSE.

AND I'M TOTALLY IN FAVOR OF THAT POINT OF ORDER.

I THINK WE NEED TO CLOSE THE PUBLIC HEARING.

IS THAT CORRECT? NOT FOR THIS ONE.

IT'S NOT FOR THIS ONE.

YEAH, WE DON'T, IT'S ADMINISTRATIVE.

IT'S ADMINISTRATIVE.

IT LOOKED, I WOULDN'T KNOW EITHER EXCEPT THAT THERE'S A BIG NO WITH A BIG YELLOW HIGHLIGHT SAYS YOU DON'T HAVE TO CLOSE THE PUBLIC AREA.

SO ANGELA HELPS ME.

SO, SO, UM, ANYWAY, LET'S JUST, SO BOB SAYS THAT, UM, HE IS, UH, IN FAVOR OF RAISING THE FINE FOR THE FIRST FENCE.

$2,500.

DON'T SELL TO KIDS, AND YOUR EMPLOYEES ARE ACCOUNTABLE AND YOU'RE ACCOUNTABLE FOR YOUR EMPLOYEES.

AND UH, MAYBE EVEN, UM, GIVE THEM A 30 DAY SUSPENSION LASER.

WE'RE GOING TO, WE'RE GOING TO TALK IT OUT AND AGAIN, POST THE COUNSELOR.

DO THEIR JOB THOUGH, GARY.

WELL, I THINK THE SUSPENSION IS A THING THAT REALLY HAS THE BITE IN IT CAUSE THEY SELL SO MUCH.

I MEAN THEY JUST, THEY'LL JUST WORK THE FINE INTO THE COST OF DOING BUSINESS.

IT'S CLEARLY NOT WORKING NOW.

THAT'S WHAT WE'VE HAD, YOU KNOW, FOR YEARS NOW.

SO IT HAS TO BE SOME SORT OF SUSPENSION.

STEVE OR PHIL, DO YOU WANT TO COMMENT ON THIS? I THINK THE REAL TEETH IS IN SUSPENSION, NOT THE FINE, THE FINE.

IF THE AVERAGE TOBACCO SALES IS $65,000 A MONTH, EVEN IF IT'S MORE THAN A THOUSAND DOLLARS A MONTH IN SALES, THEN IT WOULD MAKE SENSE TO PAY THE FINE AND KEEP ON SELLING.

SO THE FINE IS NOT THE DETERRENT, THE FINES TO RECOVER THE ADMINISTRATIVE EFFORT TO ENFORCE THIS IN MY POINT OF VIEW.

SO I WOULD SUGGEST A THOUSAND DOLLAR FINE AND 30 DAY SUSPENSION FOR THE FIRST OFFENSE.

AND THE REASON WHY I SAY 30 DAYS IS IT'S GOT TO GET SOMEBODY'S ATTENTION.

IT'S IF IT'S DONE BY AN EMPLOYEE THAT SHOULDN'T PUT YOU OUT OF BUSINESS, BUT IT BETTER GETS YOUR ATTENTION,

[03:10:01]

YOU CANNOT FIND YOUR EMPLOYEE.

IT'S JUST AGAINST THE LAW.

YOU CAN'T FIND YOUR EMPLOYEE, YOU CAN FIRE THEM, BUT YOU CAN'T FIND THEM.

SO 30 DAY SUSPENSION I THINK IS REASONABLE.

UH, IT SHOULD GET ANY OWNER'S ATTENTION HERE IN OKLAHOMA.

$1,000 IS TO COVER THE CITY'S COST OF ENFORCING THAT.

THE SECOND OFFENSE, I WOULD SAY 60 DAYS, IT'S GOING TO HURT MORE.

AND THIS IS WITHIN A FIVE.

I'D MAKE IT A THREE YEAR PERIOD, NOT A FIVE YEAR PERIOD.

SECOND OFFENSE IN THREE YEARS WOULD BE A 60 DAY SUSPENSION AND THE FINE WOULD BE $2,500 FOR A SECOND OFFENSE WITHIN THREE YEARS.

THE THIRD OFFENSE I WOULD SAY WOULD BE, UH, NOT ONLY 120 DAYS SUSPENSION, BUT YOU MUST PURCHASE ID VERIFICATION SOFTWARE AS THEY HAVE TO DO WITH ALCOHOL.

IT'S REALLY GONNA HURT IF YOU DO IT THREE TIMES IN THREE YEARS.

IT'S JUST GOT TO STOP FOLKS.

IT'S JUST GOT TO STOP.

WE HAVE TO PROTECT OUR KIDS.

YOU CAN'T MAKE MONEY OFF THE BACK OF OUR KIDS.

AND THAT'S WHAT WE'RE ALL AGREEING WITH HERE.

SO T TO THE MAN WHO WAS IN THE INDIAN WELLS TEE SHIRT, I FORGET WHERE YOU ARE, THE TENNIS PLAYER.

UH, HE SAID, YOU KNOW, IF YOU'RE A RESPONSIBLE BUSINESS, THIS IS NO PROBLEM.

THAT THAT'S, THAT'S TRUE.

SO I'M, I'M PROPOSING THOUSAND AND 30, 20 565,000 AND 120 DAYS PLUS PURCHASING THE SOFTWARE FOR AGE VERIFICATION.

THAT'S MY PROPOSAL.

1,030, 20 565,001 20 DAYS PLUS PURCHASE OF THE SOFTWARE.

CAN I ASK YOU THAT TO MAKE THAT EMOTION THOUGH, UNTIL WE'VE ALL SPOKEN? YEAH.

SO THE ORDINANCE SAYS, THIS IS A QUESTION TO STAFF.

HAVE WE HAD ANY KIND OF A MEETING WITH STORE OWNERS AND RETAILERS REGARDING SOME OF THE SUGGESTIONS THAT THEY MADE? UM, IT SEEMS LIKE SOME OF THEM, THEY WANT TO BE PART OF THE CONVERSATION.

HAVE WE HAD ANY KIND OF MEETING WITH THEM? WE HAVE NOT.

I MEAN, I'LL, I'LL JUST, UM, I THINK THE, THE RECOMMENDATION FROM COUNCIL, THE DIRECTION WAS TO ANALYZE THE DATA AND COME BACK.

SO I MEAN, THE DIRECTION COULD BE TO GO OUT AND MEET WITH FOLKS.

AS YOU HEARD, THERE'S A LOT OF DIFFERENT OPINIONS.

UH, I HEARD LIQUOR STORES BEING LINED UP IN OPPOSITION AGAINST SMOKE SHOPS.

I MEAN, WE'VE GOTTA BE CAREFUL ON HOW WE ENGAGE THE PUBLIC.

THE OTHER THING THAT I, I'LL JUST POINT OUT.

I HEARD SOME INTERESTING SUGGESTIONS ABOUT GOING AFTER KIDS THAT PURCHASE THE PRODUCT GOING AFTER PARENTS THAT PURCHASE THE PRODUCT GOING AFTER THE EMPLOYEE THAT SELLS THE PRODUCT.

THE PROBLEM IS THAT WHERE WE HAVE TEETH AS A CITY IS IN LAND USE REGULATION.

UM, EVERYTHING ELSE WOULD BE STATE LAW REQUIRED.

AND SO WHERE WE, WHERE WE HAVE ENFORCEMENT POWERS IS REALLY WITH THE, WITH THE LICENSE HOLDER OR THE RETAIL OPERATOR.

SO THAT'S WHERE OUR, THAT'S WHERE OUR WHEELHOUSE CAN BE.

ALL THESE OTHER IDEAS ARE GREAT, BUT THERE ARE AREAS THAT WE JUST DON'T HAVE TEETH IN BUT WE CAN'T EVEN PULL THE LICENSE CAUSE THAT'S A STATE REGULATED, LICENSED TO SELL TOBACCO.

IS THAT TRUE? WE CAN SELL OUR, WE CAN PULL OUR CITY RETAILER'S LICENSE BUT NOT THE STATE LICENSE.

YOU'RE EXACTLY RIGHT.

WAIT, CAN I CONTINUE? OH YEAH, SORRY.

UM, YEAH, I SUPPORTED INCREASING PENALTIES FOR RETAILERS THAT WERE SELLING TO MINORS.

UM, I, I'M FINE WITH INCREASING THOSE PENALTIES AS WELL.

UM, YEAH, AND IT'S, IT SHOULD BE HARSH.

KARA.

GRANDMA, I JUST WANTED SOME CLARIFICATION.

IF WE TAKE AWAY THEIR TOBACCO RETAILERS LICENSE, THEY CAN'T SELL ANYMORE.

SO ILLEGALLY IN THE CITY OF ELK.

SO WE CAN MAKE, TAKE IT AWAY ON THEIR FOURTH, UH, VIOLATION.

CURRENTLY THE CURRENT POLICY IS IF A FOURTH VIOLATION OCCURS IN A FIVE YEAR PERIOD, THEN YOU PERMANENTLY ARE SUSPENDED.

YOUR LICENSE IS PERMANENTLY SUSPENDED.

CAUSE WE DO THESE STINGS ABOUT EVERY FOUR ONCE A YEAR.

I DON'T WANT TO, OH, GO BACK ON THAT.

AND I THINK THAT'S GOING THE WRONG DIRECTION.

IT'S IF THAT'D BE A FOUR, THAT'D BE A FOURTH.

AND WE'RE, AND WE'RE NOT CHANGING THE RECOMMENDATION THAT WHAT WE'RE SAYING IS RIGHT NOW THE CODE READS, THE ONLY WAY WE CAN FIND A FOURTH VIOLATOR IS IF THAT FOURTH VIOLATION OCCURS WITHIN A ONE YEAR PERIOD OF THE FIRST VIOLATION, WHICH WILL NEVER HAPPEN BECAUSE IT USUALLY WOULD BE FOUR YEARS

[03:15:01]

SO I'M RECOMMENDING, UM, WHATEVER FINE LEVEL YOU'VE SET THAT YOU REMOVE THAT LANGUAGE ABOUT YOUR SECOND, THIRD, FOURTH VIOLATION, ONLY THE FINE APPLIES IF IT'S WITHIN ONE YEAR OF THE FIRST, UM, INFRACTION.

THE OTHER THING THAT I WOULD LIKE TO DO IS, WELL, FIRST OF ALL, I THINK THE FEE REDUCTION FOR COMPLIANCE IS GOOD.

UH, IT'S KINDA LIKE A CARROT AND A STICK THING AND UH, CAUSE THE MAJORITY OF RETAILERS DON'T SELL THE KIDS, SO WHY PUNISH THEM? HOWEVER, THE ONES THAT DO SELL THE KIDS, I DO WANT TO PUNISH THEM.

AND UH, I THINK WHAT WE NEED TO DO WHEN WE CATCH SOMEONE'S SELLING TO KIDS, WE TAKE THAT PROPOSED THOUSAND DOLLAR FINE AND USE A TESTING THEM TWO MORE TIMES WITHIN THE NEXT, UH, WITHIN THE NEXT YEAR.

AND I THINK THAT WOULD REALLY PUT THE FEAR INTO THEM TO NOT DO IT AGAIN.

I MEAN, THESE GUYS CAN FIGURE OUT WHO'S 21 AND WHO'S NOT JUST BY ITS PORTRAIT OR LANDSCAPE ON THE LICENSE.

THAT'S POSSIBLE.

YOU COULD, YOU COULD WRITE THAT, YOU COULD WRITE THAT INTO YOUR ORGANS TOO.

UM, IN THE EVENT OF AN INFRACTION WITHIN A SET AMOUNT OF TIME, UM, THE CITY'S REQUIRED TO DO ANOTHER ENFORCEMENT ACTION ACTIVITY.

COOL.

UH, I WOULD SAY TOO, IF WHAT I'M GOING TO BE PROPOSING, OKAY, I'M GOING TO TAKE THE UNPOPULAR SIDE OF THE ARGUMENT.

FIRST OFF, I WANT TO SAY I DON'T SMOKE.

I DON'T LIKE SMOKING.

I WISH CIGARETTES AND ALCOHOL WERE NOT ON EARTH, SO THEY WOULDN'T BE KILLING PEOPLE, BUT THEY ARE, AND THEY'RE ILLEGAL PRODUCTS.

I THINK THE ISSUE HERE FOR ME IS THE, NOT THE FINE, BUT THE, THE BANNING OF THEIR ABILITY TO SELL THEIR PRODUCT.

UM, WE ARE PUTTING THEM IN A VERY, VERY DIFFICULT SITUATION AND NOT JUST THEM.

WE'RE PUTTING THE ENTIRE COMMUNITY IN A SITUATION BY GLIBLY TAKING AWAY THEIR ABILITY TO MAKE ENOUGH MONEY TO PAY THEIR MORTGAGE.

THEY WERE GOING TO SEE MORE OF THESE STATIONS GOING TO DEFAULT.

WE'RE GOING TO SEE PEOPLE HAVING SIGNIFICANT FINANCIAL BURDENS AS A RESULT.

I KNOW THAT, UH, THE, THE ARGUMENT IS THAT $2,500 OR $5,000 WOULDN'T HURT, BUT I BELIEVE IT WOULD.

AND I BELIEVE IT'S, IT'S A, IT'S THE NEXT LOGICAL STEP IN THE EVOLUTION OF THIS.

WE DON'T GO FROM, UH, A VERY SMALL AMOUNT, WHICH IS, YOU KNOW WHAT, A THOUSAND DOLLAR FINE NOW, AND YOU'RE IN ESSENCE TALKING ABOUT A $65,000 FINE BECAUSE YOU'RE GOING TO STOP THEM FROM BEING ABLE TO SELL THAT PRODUCT FOR A MONTH.

SO THEY LOSE $65,000.

DOES IT MAKE SENSE TO GO FOR FROM $1,000 A $65,000 WITHOUT TRYING A YEAR OF $5,000 OR OUTRO WITHOUT TRYING A YEAR OF $10,000 DOESN'T THAT MAKE MORE SENSE THAN, THAN JUST GOING SO HEAVY HANDED THE OVERWHELM THE OTHER WAY, AND THAT'S ONE OF MY, THE BIG REASONS I GOT INVOLVED IN GOVERNMENT IN THE FIRST PLACE IS I SAW THAT GOVERNMENT RUNS OVER PEOPLE SOMETIMES AND THEY GET VERY HEAVY HANDED.

IT'S VERY EASY TO SIT ON THIS DICE AND SAY THEY CAN, THEY CAN AFFORD IT.

AND I KNOW THAT BECAUSE A LOT OF PEOPLE THINK I'M RICH.

THEY, THEY, THEY, THEY SAY, OH, HE'S THE MARY'S, HE'S RICH.

HE CAN AFFORD IT.

BUT YEAH, I'M ON A BUDGET LIKE EVERYBODY ELSE.

I RUN OUT OF MONEY BEFORE I RUN OUT A MONTH JUST LIKE EVERYBODY ELSE.

AND I THINK THIS, THIS WOULD BE A VERY, VERY DRACONIAN WAY TO GO.

SO I RECOMMEND INCREASING THE FINE FOR THE FIRST OFFENSE WITHOUT, WITHOUT PUTTING IN THE SUSPENSION, INCREASING THE FINE FOR THE SECOND OFFENSE, ADDING THE SUSPENSION AND THEN ON THE THIRD OFFENSE, YOU KNOW, DO, DO, DO YOUR WORST AT IT.

CAUSE I THINK IF YOU, IF, IF YOU CAN'T FIGURE THIS THINGS OUT IN THREE OFFENSES, THERE'S SOMETHING WRONG.

I HAVE SAT DOWN WITH PROBABLY A DOZEN STORE OWNERS WHO'VE TOLD ME ALL OF THE SAME VARIATIONS OF STORY.

I DID EVERYTHING I THOUGHT I, I HAD TO DO I, I BOUGHT SOFTWARE, I TRAINED PEOPLE, I BOUGHT CAMERAS, I DID EVERYTHING I THOUGHT I HAD TO DO.

AND THEN SOMEBODY SLIPPED UP.

I WASN'T THERE.

IT WAS TWO IN THE MORNING.

THEY, THEY SOLD SOMETHING.

AND I KNOW THAT'S NO EXCUSE, BUT AT THE SAME TIME FOR ONE VIOLATION, WE'RE GOING TO TAKE AWAY $65,000 IF WE DID THAT TO A GROCERY STORE OR A CAR DEALERSHIP, WE'D BE PUTTING THESE PEOPLE OUT OF BUSINESS.

I, I KNOW MY BUSINESS WOULD WOULD BE VERY, VERY DIFFICULT FOR US TO ABSORB A $65,000 HIT FOR MAKING ONE MISTAKE.

SO MY ASK OF YOU TONIGHT IS TO TO BE MORE MODERATES, TO BE MORE REASONABLE AT THIS AND NOT GO SO FAR

[03:20:01]

IN IN THIS PROCESS.

PHIL, WHAT IF WE KIND OF MOLDED COUNCILMAN KENDRICK'S IDEA OF FIRST OFFENSE? USE THAT MONEY TO THEN CARRY OUT OTHER STINGS ON THE SAME RETAILER, HAVE YOUR FEE HIGH OF THE $5,000 FINE FOR THE FIRST OFFENSE AND USE THAT MONEY TO TO EXPEDITE THE PROCESS OF DISCOVERING IF IT'S A MISTAKE OR IF THEY'RE JUST AN IRRESPONSIBLE RETAILER.

IF WE DID THE $5,000 FINE FIRST AND WITH THAT FIRST OFFENSE, THEN WE USE THAT MONEY TO OPERATE MORE THINGS ON THAT RETAILER MEMORY WAS, CAN I INTERJECT HERE BRIEFLY? I DON'T WANT TO TAKE TOO LONG, BUT OUR CHARTER DOES NOT ALLOW US TO HAVE A $5,000 FINE.

OUR CHARTER LIMITS FINES FOR CIVIL FINES AND PENALTIES AT $2,500 PER OFFENSE PER DAY.

SO THAT WOULD MEAN THE ONLY WAY TO GET TO 5,000 IS TO HAVE TWO SEPARATE OFFENSES DETAILED AND, AND CITED FOR OR, OR, UH, OCCURRING THROUGH ONE OF OUR STING OPERATIONS.

THANK YOU, COUNSELOR.

UM, SO, SO I, I AGREE WITH WHAT YOU'RE SAYING AND THE ONLY CAVEAT WOULD BE THAT IF, IF THIS IS A FAILURE, IF THE STATISTICS TELL US THAT, THAT THEY'RE STILL NOT COMPLIANT AND THEY'RE, THEY'RE CAVALIER ABOUT THIS, THEY'RE STILL SELLING THE KIDS, WE CAN HAVE THIS DISCUSSION AGAIN IN SIX MONTHS OR, OR EVEN A YEAR AND ADD THE MORE STIFFER PENALTIES.

I KNOW.

SO YOU'RE COMFORTABLE WITH THE 25? YEAH, I MEAN I'M COMFORTABLE WITH 25 AND YOU KNOW, THE WHOLE IDEA BEHIND THIS, THIS IS THAT IF THEY ARE NEGLIGENT OR IRRESPONSIBLE OR FLIPPANT ABOUT IT, THEY'LL MOVE UP TO THAT SECOND VIOLATION QUICKER WITHIN A YEAR, WHICH IS GOING TO BE THE POTENTIAL BAN OR 30 DAY OR YOU KNOW, WHATEVER IT IS.

AND SO WE'RE TAKING CARE OF THE PROBLEM WITHIN A REASONABLE AMOUNT OF TIME WITHOUT, YOU KNOW, LIKE YOU'RE SAYING THESE, SOME OF THESE SHOP OWNERS ARE SAYING, I DIDN'T KNOW WHAT WAS GOING ON.

I DID EVERYTHING I THOUGHT I NEEDED TO DO TO GET IT RIGHT AND SOMETHING SLIPPED THROUGH THE CRACK.

SO BOB, I WAS GOING TO ASK, UM, MORGAN, IF WE FIND HIM $2,500 ON THE FIRST TIME AND WE REQUIRE TWO OR THREE MORE STINGS THAT YEAR, WHEN WE GO IN FOR A STING, CAN WE BILL THEM FOR $1,000 FOR THAT STING? NO, WE CAN'T.

WE DON'T HAVE THAT AS A PART OF ORDINANCE NUMBER ONE.

NUMBER TWO, I ALSO WOULD REMIND YOU THAT OUR ORDINANCE ALLOWS ANY PERSON WHO'S BEEN CITED FOR THIS OFFENSE OR, OR BEEN NOTIFIED THAT THEY ARE, UH, THEY VIOLATED THE ORDINANCE, THE RIGHT TO DUE PROCESS.

SO THEY'RE HAVE A RIGHT TO AN ADMINISTRATIVE HEARING THAT COSTS US MONEY TOO.

SO WHEN WE'RE TALKING ABOUT A THOUSAND DOLLARS, IT'S NOT PAYING FOR EVEN GETTING THROUGH THE HIRING OF A, AN ADMINISTRATIVE LAW JUDGE AND SENDING OUT ALL THE NOTICES AND THINGS LIKE THAT.

SO THE $2,500 WOULD HELP.

YEAH, THE THOUSAND DOLLARS DOESN'T SEEM TO BE EFFECTIVE OR EFFICIENT FOR US AT THIS POINT IN TIME.

I THINK THAT $2,500 AND THEN HAVE TWO MORE STINGS AT LEAST THAT YEAR.

UH, AND IF THEY, IF THEY DO IT AGAIN, ANOTHER $2,500 AND MAYBE A 30 DAY SUSPENSION, WELL TH TH THE STING OPERATIONS COSTS US MONEY TO, IN FACT, IT, UNLESS CASA DOES IT FOR REDUCED RATE OR FOR FREE OR SOMEBODY ELSE STEPS IN, UH, IS GOING TO COST US MONEY.

WE'LL NEVER RECOVER THROUGH THE LICENSING AND THE FINES.

I DOUBT WE HAVE EVER RECOVERED THE AMOUNT OF MONEY THAT COSTS US TO ENFORCE THIS ORDINANCE.

RIGHT? WELL, WITH THE $2,500 HELP PAY FOR THE SECOND STING, WELL, IT WOULD HELP PUT MONEY BACK IN THE GENERAL FUND SO THAT WE COULD PLAN MORE SECOND STING.

AND IF THEY, IF THEY, UH, VIOLATE IT AGAIN, IT'S ANOTHER $2,500.

FINE ON THE FIRST OFFENSE, UH, WITH THE COUPLE OF STAYING, UH, SCHEDULED IN THE NEXT COMING YEAR.

WHAT'S WRONG WITH THAT? OH, ALL RIGHT.

I AGREE WITH YOU.

I THINK, STEVE, YOU WANT TO COMMENT ON THIS? WELL, I GUESS THIS IS WHERE WE COMPROMISE IN OPEN SESSION.

THIS IS WHAT GOVERNMENT IS ALL ABOUT IS YOU GET TO HEAR US DEBATE IS WE HAVEN'T TALKED TO EACH OTHER AT A TIME TO FIGURE OUT WHAT WE'RE GOING TO DO.

SO THIS IS WHERE WE COMPROMISE IN FRONT OF YOU TO SEE IF WE CAN COME TO A CONSENSUS.

YOU'VE HEARD MY, UH, POSITION ON A HARSH PENALTY.

ENOUGH IS ENOUGH.

IT'S, WE'RE NOT SEEING, UH, UH, GOOD RESULTS WITH A THOUSAND DOLLAR FINE ON THE FIRST THING.

I APPRECIATE YOUR POSITIONS, FREEDOMS IN AMERICA AND THE FREEDOM OF A PERSON TO CHOOSE WHAT KIND OF BUSINESS THEY WANT TO BE IN AND TO NOT BE SUCH A BURDEN, PERHAPS IN SUCH A WAY THAT IT HINDERS THAT FREEDOM.

BUT WITH THAT FREEDOM COMES RESPONSIBILITY.

SO I GUESS MY COMPROMISE ON THIS WOULD BE $2,500

[03:25:01]

BUT THAT'S YOUR PASS.

AND THEN THE SECOND TIME I THINK I AM WITH BOB SAYING IT'S A $2,500 FINE AND IT'S A 30 DAY SUSPENSION AND THE THIRD TIME, 60 DAYS SPENT.

AND THE THIRD TIME I'LL GIVE YOU ONE MORE CHANCE.

60 DAY SUSPENSION AND A $2,500 FINE.

AND THEN THE FOURTH OFFENSE IS YOU'RE JUST NOT PAYING ATTENTION.

YOU DON'T REALLY SHOULD BE SELLING THESE PRODUCTS.

ERIC, CAN YOU LIVE WITH US? OKAY.

AND I'M SAYING WITHIN THREE YEARS.

UH, SO HERE'S WHAT WE GOT SO FAR.

$2,500 FINE THE FIRST TIME AND UH, TWO MORE STINGS ANTHONY YEAR WITH WITHIN A YEAR, A SECOND TIME, $2,500 FINE.

30 DAY SUSPENSION.

TWO MORE STINGS.

IS THIS GOING TO BREAK THE BANK? THAT'S THE COSTUME.

WELL, THEY'RE GETTING $2,500.

THIRD TIME, 2,560 DAYS.

FOURTH TIME YOU'RE OUT.

NO LONGER SELL TOBACCO AT THAT LOCATION.

WITHIN THREE YEARS.

IS THAT, IS THAT THE CONSENSUS, RIGHT, WITHIN THREE YEARS.

THREE YEARS, YEAH.

WOULD YOU, WOULD YOU MAKE THAT EMOTION THE MAYOR BEFORE, BEFORE THAT'S THE MOTION.

I JUST WANT TO POINT OUT THAT RIGHT NOW, JUST SO YOU'RE AWARE, MAYBE YOU ARE, BUT CURRENTLY THE SECOND VIOLATION IS A 90 DAY SUSPENSION RIGHT NOW THE CURRENT POLICY.

AND SO, OH, WE'RE SO WEIRD.

GOES THE WATER DOWN THE SUSPENSION.

YOU'VE DONE THAT.

BUT I DON'T KNOW IF THAT'S WHAT YOUR INTENTION IS.

WELL, I, I'M, I'M WALKING BACK FROM THAT IN ONE SENSE AND WALKING FORWARD ON ANOTHER SENSE, I'M SAYING I'M GOING TO GIVE A BUSINESS OWNER A PASS, UH, ON THE SECOND TIME, BUT YOU'RE, YOU'VE GOT TO STOP SELLING STUFF TO KIDS.

AND IF YOU DON'T GET IT AFTER TWO TIMES IN 30 DAY SUSPENSION, UH, YOU PROBABLY SHOULDN'T BE SELLING THESE PRODUCTS.

BUT I'M WITH BILL SAYING, YOU KNOW, EVEN ON A SECOND TIME, OUR GOAL IS NOT TO PUT THESE PEOPLE OUT OF BUSINESS.

IT'S TO GET THEIR ATTENTION.

PERHAPS 90 DAYS IS A LITTLE TOO DRACONIAN AND, AND, AND I THINK WE'VE REACHED A CONSENSUS HERE.

GARY, WOULD YOU LIKE TO MAKE THAT EMOTION? HEY, WHY DON'T YOU STATE IT AGAIN, GARY.

OKAY, HERE'S WHAT I'VE GOT AFTER CROSSING ALL THESE THINGS OUT AND REWRITING THEM.

SO LET'S SEE IF I GOT THIS RIGHT.

A $2,500 FINE FOR THE FIRST TIME.

NO SUSPENSION, BUT TWO MORE STINGS.

SECOND TIME, $2,500 FINE.

30 DAYS SUSPENSION, TWO MORE STINGS, AND WITHIN A YEAR, THIRD TIME, $2,500 FINE.

60 DAY SUSPENSION, GRANDMA W OR MAYBE MORGAN, YOU REMEMBER THIS? WE, WE GOT ONE OF THE BIG GROCERY STORES LIKE SECOND OR THIRD TIME.

IT WAS A VAUGHN'S FOR A THIRD TIME AND, AND THAT WAS WHAT, THAT WAS 90 DAYS THEN, RIGHT? AS A FULL YEAR.

OH, IT WAS A FULL YEAR.

YOU NEGOTIATED THAT THEY DON'T, OH, THAT'S A GOOD POINT BECAUSE SOMETIMES THESE ARE NEGOTIATED DOWN.

WE DON'T HAVE TO NEGOTIATE IT.

DON'T NEGOTIATE IT DOWN.

LET'S NOT MAKE IT TOO COMPLICATED.

I THINK THAT THE, WHAT WE AGREED ON SEEMS REASONABLE TO ME.

I'LL MAKE THAT EMOTION THEN CAN I GET ALRIGHT STAFF, ARE YOU COMFORTABLE WITH EMOTION? THE SECOND BEFORE I WOULD TAKE A VOTE.

SO I HEARD JUST, YOU KNOW, THE THIRD 2,500 PLUS 60 DAYS AND THEN THE FOURTH FOUR YOU'RE DONE.

YOU'RE DONE.

20 CAN WE DO A $2,500 FINE THOUGH? JUST A RECOVER.

ARE YOU COMFORTABLE WITH THAT? THE FOURTH VIOLATION GETTING THAT TREATMENT, YOU HAD THE FOURTH VIOLATION, THEY CAN'T SELL TOBACCO AGAIN AT THAT LOCATION AND THAT'S FINE.

$2,500 TO RECOVER OUR COSTS.

I'LL BE RIGHT WITH YOU.

AND THEN BOB, YOU MADE THE SECOND.

IS THAT GOOD? ARE YOU COMFORTABLE WITH WHAT THE CHANGE, JUST TO CLARIFICATION, RIGHT NOW, THE RETAILERS GET AN OPTION TO CHOOSE A F FINE OR A SUSPENSION AND WE'RE REMOVING THAT OPTION.

YES, CORRECT.

AND THAT IS A 20% REDUCTION IF YOU, IF YOU DON'T GET A VIOLATION WITHIN A YEAR, THREE YEARS OR THREE YEARS.

AND NOW WE'RE REMOVING THAT OPTION AND SAYING YOU'RE GOING TO GET A, YOU DON'T HAVE AN OPTION TO CHOOSE WHERE WE'RE MOVING THE CHOICE.

AND THEN THE OTHER THING I NEED TO POINT HERE IS THE FEE REDUCTION FOR COMPLIANCE.

ARE WE OKAY ON THE, ON THE MONEY SIDE ON THAT? YEAH.

[03:30:02]

ALL RIGHT, WELL I'M GOOD WITH THAT.

SO HERE'S GOING TO ADD JUST SO EVERYBODY'S CLEAR, A 20% REDUCTION IN THE COST OF GETTING YOUR TOBACCO LICENSE LICENSE TO THE CITY.

IF YOU GO THREE YEARS WITHOUT A VIOLATION, HE'S GOING TO ADD THAT TO THE END OF THE REST OF THE LONG MOTION HE MADE.

BOB, IS THAT OKAY TO ADD THAT TO YOUR SECOND? ALL RIGHT, WE'VE GOT A MOTION AND WE'VE GOT A SECOND.

CARRIES BY UNANIMOUS VOTE.

WELL, DON'T GET TOO HAPPY.

WE HAVE TO TALK ABOUT THE VAPING NOW.

OKAY, COUNSEL.

UM, SO WE CAN'T DO ANYTHING TONIGHT ABOUT VOTING ON BABY, BUT WE CAN DIRECT STAFF TO COME BACK TO US WITH AN ORDINANCE.

UM, AND UH, I'LL START WITH GARY SAYS, YEAH, I, I THINK WE NEED TO TAKE A LOOK AT THIS AGAIN PROBABLY IN STAFF.

DOES IT TAKE 30 DAYS LONG ENOUGH FOR YOU TO KIND OF GATHER ALL THE INFORMATION? CAUSE WE GOT ALL SORTS OF CONFLICTING INFORMATION COMING IN AND IN THE STATE AND FEDS ARE MOVING ALL AROUND AND UH, I WANT TO BE CLEAR THAT I WANT TO EXEMPT THE HOOKAH FLAVORED.

IN ANY CASE, THE HOOKAH FLAVORED, UH, TOBACCO BRICKS.

THIS IS NOT TO SAYING I'M GONNA VOTE FOR ANYTHING.

IT JUST, I WANT MORE INFORMATION.

YOU DON'T HAVE TO TAKE ANY KIND OF ACTIONS LIKE, YO, WE CAN JUST DIRECT STAFF TO COME BACK FOR VIDEO INFORMATION.

I AM, OR WE CAN DECIDE AT THAT NEXT MEETING WHAT WE WANT TO DO WITH IT.

YEAH, I'M GOOD WITH THAT.

YOU'RE COMFORTABLE.

THAT STUFF.

I'D RECOMMEND PERHAPS THE FIRST MEETING OF NOVEMBER FOR THAT.

THERE'S ONLY ONE MEETING, ONE MEETING IN NOVEMBER, SO THAT WOULD BE THAT ONE, UM, THAT, THAT WOULD HELP STAFF.

YOU DON'T NEED A VOTE ON THIS, RIGHT? NO.

WE'RE NOT GOING TO TAKE ANY ACTION THEN TONIGHT ON THE VAPING PART OF THIS.

AND UNLESS YOU ALL WANT TO STAY FOR THE REST OF THE COUNCIL MEETING, YOU'RE FREE TO GO.

OH, YOU HURT MY FEELINGS.

WELL, EVERYBODY'S RUNNING OUT OF THE BUILDING ABOUT 13.

I AM 13, HIS REPORT ON THE EAST COUNTY ADVANCED WATERPROOF PURIFICATION, JOINT EXERCISE OF POWERS, AGREEMENT AND STAFF.

LET'S GO UP.

NO, WE'RE GOING TO CONTINUE LAZY GEL.

IF YOU CAN KEEP IT DOWN PLEASE.

[13. East County Advanced Water Purification Joint Exercise of Powers Agreement East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agree East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agree East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agree East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agree East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agree East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agree East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agree East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agree East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agree East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agree East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agree East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agree East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agree East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agreement East County Advanced Water Purification Joint Exercise of Power Agree RECOMMENDATION: That the City Council adopts the next Resolution, in order, to: Approves the East County Advanced Water Purification Joint Exercise of Powers Agreement between City of El Cajon, Padre Dam Municipal Water District, and the County of San Diego (through its San Diego County Sanitation District); and Authorizes the City Manager to Sign the Agreement.]

WOULD YOU TELL US ABOUT THIS PLEASE? BY THE WAY, GUYS, I GOT GOOD EVENING MAYOR AND COUNCIL.

UH, I EVEN SHOWERED FOR THIS AND EVERYBODY'S LEAVING.

SO I'M A LITTLE BIT OFFENDED.

UM, TONIGHT BEFORE YOU WERE TALKING ABOUT THE JPA OR THE, A JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF OKLAHOMA POTTERY MUNICIPAL WATER DISTRICT AND THE COUNTY OF SAN DIEGO THROUGH AT SAN DIEGO COUNTY SANITATION DISTRICT.

AND WE'RE TALKING ABOUT THE EAST COUNTY WA ADVANCED WATER PURIFICATION, UH, PROJECT.

AND SO WE HAVE TAKEN THIS PROJECT FAR ENOUGH NOW THAT WE HAVE, UH, THE OPPORTUNITY TO FORM A JPA BETWEEN THE THREE MEMBERS.

AND SO I'D LIKE TO TALK TO YOU A LITTLE BIT ABOUT THAT.

AND THIS IS A FUN PROJECT THAT WE'RE GOING TO BE ENCOUNTERING HERE AND I'LL TRY TO GET THROUGH IT VERY QUICKLY.

THIS IS VERY BORING, BUT, UH, I NEED TO TELL YOU ALL ABOUT THIS.

SO NOTHING YOU SAY IS BORING.

THAT WAS A HARD ACT TO FOLLOW.

I GOTTA TELL YOU, I FORGOT WHAT I WAS GONNA SAY IN THAT THREE HOURS SITTING THERE.

UM, SO THE JPA GENERAL PROVISIONS BASICALLY, UH, BOILS DOWN TO A PURPOSE.

AND SO IT'S TO CREATE, THE PURPOSE OF THIS IS TO CREATE DISAGREEMENT THAT WE'RE TALKING ABOUT AUTHORIZING US TO ENTER INTO IS TO CREATE THE AUTHORITY TO PROVIDE FOR GOVERNMENT GOVERNANCE AND ADMINISTRATION TO PLAN FORWARD, DESIGN, CONSTRUCT, OPERATE, MAINTAIN THE PROJECT, WHICH IS THE ADVANCED WATER WATER PURIFICATION TREATMENT PLANT, UH, PERFORMED SERVICES FOR MEMBERS SPECIFICALLY RELATED TO THE PROJECT.

THE TERM WILL BE THE EFFECTIVE DATE UNTIL TERMINATION.

AND THE POWERS ARE TO EXERCISE COMMON POWERS, TO CONSTRUCT, OPERATE AND MAINTAIN THE PROJECT SUBJECT TO RESTRICTIONS APPLICABLE TO THE OKLAHOMA AS A CHARTER CITY.

SO WE'RE, THE JPA IS ADOPTING, UM, THE POWERS OF THE CITY OF OKLAHOMA AS A CHARTER CITY, BEING THAT IT'S THE LEAST RESTRICTIVE ON PURCHASING AND OTHER ITEMS PERTAINING TO THE GOVERNANCE OF

[03:35:01]

THE G OF THE AWP.

SO, UH, ALL PARTIES ARE IN FAVOR OF ADOPTING THE CITY'S CHARTER REGULATIONS UNDER THAT AND THEY ARE EXCITED TO, UM, SO THE AUTHORITY BOARD, SO THE BOARD IS GOING TO BE A THREE MEMBER BOARD FROM THE GOVERNING BODY OF EACH WASTEWATER MEMBER AGENCY.

THERE WILL ALSO BE AN ALTERNATE.

SO THERE'LL BE THREE ALTERNATES, ONE FROM EACH MEMBER AND COMPENSATION OF THE JPA BOARD MEMBERS WILL BE UP TO THE INDIVIDUAL AGENCIES, NOT THE JPA.

UM, EX OFFICIO BOARD MAY ADOPT BYLAWS ALLOWING EX OFFICIO MEMBERS TO PARTICIPATE AS NON VOTING MEMBERS.

FOR EXAMPLE, HE LOOKS WATER DISTRICT WHO HAS BEEN PARTICIPATING IN THIS ENDEAVOR ALL ALONG WILL NOT BE A BOARD MEMBER BUT WILL BE A NONVOTING MEMBER, UM, THAT'S ALLOWED UNDER THIS AGREEMENT.

AND SO THE VOTING WILL TAKE PLACES, ONE MEMBER, ONE VOTE AND MAJORITY VOTE ON ALL ITEMS. SO YOU HAVE THREE VOTES TOTAL.

DOES THAT MAKE SENSE? YOU'RE ALL WITH ME STILL.

THE PROJECT AT FAIR MARKET VALUE VALUE, REASONABLY DETERMINED BY THE AUTHORITY OR THE JPA.

SO, UH, THE AUTHORITY OFFICERS, SO THE BOARD OFFICERS THERE WILL BE A CHAIR AND A VICE CHAIR.

UH, THERE'LL BE A SECRETARY TO THE BOARD AND THE ADMINISTRATOR, UH, WILL APPOINT A SECRETARY UNLESS THE BOARD APPOINTS ANOTHER INDIVIDUAL.

SO, UH, WE'RE GOING TO BE TALKING ABOUT THE ADMINISTRATOR AND WHO IS GOING TO BE THE ADMINISTRATOR THAT WORKS FOR THE BOARD, UH, IN JUST A MINUTE, BUT THERE ALSO BE A TREASURER AND AUDITOR.

SO ADMINISTRATORS, CHIEF FINANCIAL OFFICER, UNLESS THE BOARD APPOINTS ANOTHER THAT WILL BE CONTAINED WITHIN THE JPA.

UM, THE ATTORNEY IN THE INTERIM WILL BE THE MEMBER AGENCIES, GENERAL COUNSEL.

AND SO THE JPA ON THEIR FIRST MEETING WILL HAVE TO APPOINT WHICH MEMBER AGENCIES GENERAL COUNSEL WILL ACT AS THE INTERIM.

HOWEVER LONGTERM IT'LL BE APPOINTED BY THE BOARD AND MAY NOT BE COUNSEL FROM ANOTHER MEMBER AGENCY.

SO THEY'RE GOING TO HAVE TO GO OUT AND SOLICIT A THIRD PARTY COUNSEL TO REPRESENT THE JPA.

THAT'S THE END GAME LONGTERM SOLUTION.

SO AUTHORITY OF THE MINISTRY LATER, THE ROLE IS TO DO SO THE ADMINISTRATOR WILL BE TO CARRY OUT THE DAY TO DAY TASKS OF ADMINISTERING THE AUTHORITY AND TASK NECESSARY FOR FINANCING, PLANNING, DESIGNING, PERMITTING, AND PROCURING THE PROJECT.

THE INTERIM ADMINISTRATOR, UH, THE AGREEMENT DESIGNATES PADRE DAM AS THE ADMINISTRATOR THROUGH MARCH 31ST, 2021 WITH A POSSIBLE ONE YEAR EXTENSION AND THE LONGTERM COULD BE A SEPARATE AGREEMENT WITH PADRE DAM OR SOMEBODY ELSE IF THE JPA CHOOSES AS THAT TIME.

UM, THE ADMINISTRATOR MAY ALSO BE APPOINTED AS THE OPERATOR INDEPENDENT CONTRACTOR TYPE RELATIONSHIPS.

SO THE AUTHORITY HIRING PADRE DAM AS AN ENTITY, UH, AND PADRE DAM WILL DESIGNATE PRIMARY POINT OF CONTACT.

THE COMPENSATION TO THE ADMINISTRATOR WILL BE A QUARTERLY SERVICE FEE AND REIMBURSEMENT FOR JP RELATED EXPENSES, THE AUTHORITY, BUDGET AND FINANCING.

SO THE BUDGET WILL BE SET.

UM, THERE'LL BE AN INTERIM BUDGET WITHIN 120 DAYS THAT THE JPA WILL NEED TO COME UP WITH.

AND THEN THERE'LL BE AN ANNUAL BUDGET THAT'S REACHED BY JULY 1ST OF EACH YEAR IF THE JPA CANNOT DO THAT.

UH, THE PREVIOUS BUDGET CONTINUES WITH CPI ADJUSTMENT INCREASED FOR ANY PREVIOUSLY AUTHORIZED BONDS, COSTS AND CONTRACTS.

JPA FUNDING IN GENERAL WILL BE FUNDED BY GRANTS, DONATIONS, LOANS, UH, BOND FUNDS, SERVICE FEES AND CHARGES PAID BY THE MEMBERS AND NONMEMBERS.

IN THE SHORT TERM WE HAVE, YOU HAVE APPROVED AN IFA OR AN INTERIM FUNDING AGREEMENT ALREADY THAT WAS DONE PREVIOUSLY AND UM, THERE'LL BE BACKUP FUNDING IF APPROVED BY THE JPA BOARD.

LONGTERM, IT'S ALL ABOUT SERVICE AGREEMENTS.

SO THERE'S A GOING TO BE A WASTEWATER SERVICE AGREEMENT, WHICH THE WASTEWATER AGENCIES WILL BE PAYING TO THE JPA.

AND THEN THERE WILL BE WATER SERVICE AGREEMENTS OR WATER PURCHASE AGREEMENTS WHERE HE LOOKS WATER WILL BE PURCHASING WATER, THE PRODUCT WATER FROM THE JPA.

AND YOU CAN KIND OF SEE THE RELATIONSHIP THERE IN THAT GRAPHIC ON THE LEFT OF HOW THE JPA KIND OF FITS IN THE MIDDLE BETWEEN EVERYBODY.

SO ANY AMENDMENTS OR WITHDRAWALS OR TERMINATION KIND OF GOING OVER THESE THINGS.

SO THE AMENDMENT IS WRITING APPROVED AND SIGNED BY ALL MEMBERS.

WITHDRAWAL.

ANY MEMBER MAY WITHDRAW BUT WILL NOT AFFECT ANY SEPARATE AGREEMENTS LIKE THE WASTEWATER SERVICE AGREEMENT OR THE WATER PURCHASE AGREEMENT.

ALL MEMBERS FOR A TERMINATION MUST AGREE, UNLESS ONLY TO REMAIN IN ONE, SEEKS TO WITHDRAW AN ASSETS AT TERMINATION.

SO PADRE DAM HAS THE OPTION TO PURCHASE

[03:40:01]

AFTER PAYING LIABILITIES, ALL REMAIN ASSETS JUST BURST, UH, AMONG THE MEMBERS PASSED ON PROPORTIONATE CASH CONTRIBUTIONS UNLESS THE BOARD UNANIMOUSLY DECIDES OTHERWISE.

SO, UH, WHAT'S UP AND COMING HERE? SO TONIGHT, UH, OCTOBER 8TH, WE ARE APPROVING OR ASKING TO APPROVE THE AGREEMENT.

AND ON OCTOBER 22ND, WE WILL BE, UH, RECOMMENDING APPOINTMENTS BY THE MAYOR AND APPROVAL.

AT THE OCTOBER 22ND MEETING, UH, PADRE DAM IS DOING THAT ACTION ALL, ALL IN ONE ON OCTOBER 16TH AND THE COUNTY IS DOING THEIRS ON OCTOBER 30TH.

THAT'S WHEN THEIR REGULARLY SCHEDULED MEETINGS ARE OCCURRING.

ADMINISTRATIVE LEGAL TASKS THAT ARE UP AND COMING.

THE AGREEMENT REQUIRES A REGULAR MEETING SCHEDULE.

SO, UM, I'LL TALK ABOUT WHEN THE FIRST MEETING IS ALREADY SCHEDULED.

AND THEN AT THAT MEETING THERE'S GOING TO BE SOME DUTIES THAT HAVE TO BE PERFORMED.

THEY HAVE TO COME UP WITH A REGULARLY, A REGULAR MEETING SCHEDULE AND NEEDS TO BE AT LEAST QUARTERLY.

UM, AND AFTER THE JPA REPS ARE APPOINTED, IDENTIFY THE REGULAR MEETING SCHEDULE AND SCHEDULE MONTHLY SPECIAL MEETINGS NEEDED IN THE FIRST YEAR CAUSE THIS IS GOING TO BE A HUGE RAMP UP AND THERE'S GOING TO BE AN OBLIGATION THERE.

UH, THERE'LL ALSO BE THE ADMINISTRATION OF THE OATH OF OFFICE FOR THE JPA REPRESENTATIVES AND ALTERNATES PRIOR TO TAKING OFFICE.

UM, SO THE MEETING IS NOVEMBER 5TH, AND AT THAT MEETING THEY'LL ADOPT THE RESOLUTION SETTING THE MEETING DATE, TIME AND LOCATION.

THEY'LL CONDUCT ELECTION OF OFFICERS FOR PRESIDENT AND VICE PRESIDENT REQUIRED ANNUALLY.

AND THERE WILL BE, UH, THEY'LL NEED TO ADOPT THE RESOLUTION APPROVING THE JPA AS A PARTY TO THE INTERIM FUNDING AGREEMENT.

THEY'LL DESIGNATE AND APPROVE THE CONTRACT WITH INTERIM LEGAL COUNSEL FROM ONE OF THE MEMBER AGENCIES.

AND LASTLY, AT THAT NOVEMBER 5TH MEETING, THEY'LL NEED TO ADOPT POLICY MODELING FLEXIBLE DESIGN, BUILD POLICY AND AUTHORIZE RELEASE OF RFQ FOR PACKAGE NUMBER ONE, WHICH IS TO BUILD THE AWP PLANT.

SO, WITH THAT BEING SAID, IT BRINGS ME TO THE CONCLUSION HERE AND RECOMMENDATION TO APPROVE THE EAST COUNTY WATER PURIFICATION JOINT EXERCISE OF POWERS AGREEMENT AND AUTHORIZE THE CITY MANAGER TO SIGN THE AGREEMENT.

THAT IS MY REPORT.

THANK YOU HARRY SPEAKER CARDS TO THE SIDE.

NO SIR.

NO CARDS.

UM, COUNSEL IS UH, WITH US.

HE WAS LIKE A PRETTY STRAIGHT FORWARD THINKER, RIGHT.

WE HAVE DISCUSSION OR SOMETHING.

I CAN MAKE A MOTION MOVE.

ADOPTION.

GOOD MOVE SECOND PLEASE.

VOTE MOTION CARRIES BY UNANIMOUS VOTE

[21. ORDINANCES: FIRST READING]

BRAM.

UM, YES SIR.

YOU SUGGEST THAT WE UH, FINISH THIS OUT AND THEN GO TO DINNER OR DO YOU WANT TO DELAY THE SECOND BUT THE OTHER EYE, IF WE TAKE CARE OF THE BUILDING CODE ITEM RIGHT NOW, THEN PERHAPS WE CAN RECESS AND THEN COME BACK AND FINISH UP THE REST OF THE AGENDA BY, UM, I'M SORRY, WHAT, WHAT TO ITEM NUMBER? 2121.

IT'S A FIRST READING OF AN ORDINANCE.

OH, WE GOTTA GET THROUGH.

I'M GOING TO COME BACK TO ACTIVITY REPORTS THOUGH.

YEAH, WE, IF YOU'D LIKE, WE COULD.

THIS IS ONE OF THOSE UNIQUE ONES EVERY THREE YEARS WHERE WE DO A FIRST READING AND THE END OF THE ORDINANCE WITHOUT GOING THROUGH A PUBLIC HEARING PROCESS AND SET THE PUBLIC HEARING FOR THE FOLLOWING MEETING.

AND THEN WE HAVE A PUBLIC HEARING AND ADOPTION BECAUSE WE'RE ADOPTING THESE ORDINANCES BY REFERENCE.

SO IT'S REALLY SIMPLE AND, AND UM, MR CHUTE IS RESPONSIBLE FOR THIS, BUT HE'D RATHER I CAN GO AHEAD AND EXPLAIN THAT THIS IS WHAT WE HAVE TO DO EVERY THREE YEARS BECAUSE CALIFORNIA CHANGES THIS BUILDING CODES.

WE HAVE A NUMBER OF, UH, CODES THAT WE HAVE TO CHANGE.

THEY'RE LISTED IN THE, UH, UH, THE UM, AGENDA ITEM.

UH, WE ASK THAT YOU MAKE A, UM, APPROVAL FOR THE FIRST READING AND ALLOW TITLE BE READ ON EACH ONE SEPARATELY.

AND THEN WHEN WE COME BACK IN TWO WEEKS, WE'LL HAVE A PUBLIC HEARING AND ADOPTION.

ALL RIGHT, I'LL MAKE A MOTION TO DO JUST THAT.

MOVE THE SECOND PLEASE.

VOTE.

AND ADOPTING A NEW CHAPTER 1515 0.04 TO TITLE 15 OF THE ALCOHOL MUNICIPAL CODE MOVE APPROVAL THAT AGAIN PLEASE FOLKS MOTION CARRIES BY UNANIMOUS VOTE UH, ELECTRICAL CODE AND AN ORDINANCE REPEALING SECTION 15.2 0.01 OF CHAPTER 0.2 OF TITLE 15 OF THE OKLAHOMA MUNICIPAL CODE ADOPTING THE CALIFORNIA ELECTRICAL CODE 2019 EDITION AS AMENDED BY REFERENCE MOVE APPROVAL.

UM, AND WITH YOUR PERMISSION, I WILL RECITE THE TITLES FOR YES PLEASE.

AFTER A RECITATION OF THE TITLE OF, WE SHOULD TAKE A VOTE ON EACH ONE SO WE CAN JUST MAKE SURE IT'S ALL DONE.

PLEASE.

THE TITLE FOR THE CALIFORNIA BUILDING CODE AND ORDINANCE REPEALING CHAPTER 15.04 OF TITLE 15 OF THE OKLAHOMA MUNICIPAL CODE ADOPTING THE CALIFORNIA BUILDING CODE 2019 EDITION AS AMENDED BY REFERENCE

[03:45:01]

DAGGETT PLEASE VOTE.

ANGELA, FOR THE RECORD, WERE THERE ANY UM, SPOOKED CARDS ON THESE ITEMS? NO CARTS OR THE CALIFORNIA MECHANICAL CODE AND ORDINANCE REPEALING CHAPTER 15.48 OF TITLE 15 OF THE OKLAHOMA MUNICIPAL CODE ADOPTING THE CALIFORNIA MECHANICAL CODE 2019 EDITION AS AMENDED BY REFERENCE AND ADOPTING A NEW CHAPTER 15 POINT 48 TO TITLE 15 OF THE EL CAHONE MUNICIPAL CODE MOVE APPROVAL.

I GET THESE VOTE MOTION CARRIES BY UNANIMOUS VOTE FOR CALIFORNIA PLUMBING CODE AND ORDINANCE REPEALING CHAPTER 15.52 OF TITLE 15 OF THE OKLAHOMA MUNICIPAL CODE ADOPTING THE CALIFORNIA PLUMBING CODE 2019 EDITION.

SMN DID BY REFERENCE AND ADDING A NEW CHAPTER 15.5 TO TWO TITLE 15 OF THE OKLAHOMA MUNICIPAL CODE MOVE APPROVAL.

MOTION CARRIES BY UNANIMOUS VOTE FOR THE CALIFORNIA RESIDENTIAL CODE AND ORDINANCE REPEALING CHAPTER 15.54 OF TITLE 15 OF THE OKLAHOMA AND A CIVIL CODE ADOPTING THE CALIFORNIA RESIDENTIAL CODE 2019 EDITION AS AMENDED BY REFERENCE AND ADDING A NEW CHAPTER 15.54 TO TITLE 15 OF THE ALCOHOL AND MUNICIPAL CODE MOVE APPROVAL.

MOTION CARRIES BY UNANIMOUS VOTE OR THE CALIFORNIA FIRE CODE, AN ORDINANCE REPEALING CHAPTER 15.56 OF TITLE 15 OF THE OKLAHOMA MUNICIPAL CODE ADOPTING THE CALIFORNIA FIRE CODE 2019 EDITION S AMENDED BY REFERENCE AND ADDING A NEW CHAPTER FIVE 15.56 TO TITLE 15 OF THE EL CAHONE MUNICIPAL CODE.

NO APPROVAL.

I GET THESE VOTE MOTION CARRIES BY UNANIMOUS VOTE FOR THE CALIFORNIA GREEN BUILDING STANDARDS CODE AND ORDINANCE REPEALING CHAPTER 15.6 OF TITLE 15 OF THE ALCOHOL NINA CIVIL CODE ADOPTING THE CALIFORNIA GREEN BUILDING STANDARDS CODE 2019 EDITION AS AMENDED BY REFERENCE AND ADDING A NEW CHAPTER 15.602 TITLE 15 OF THE ALCOHOL MUNICIPAL CODE MOVE APPROVAL.

PLEASE FELT MOTION CARRIES BY UNANIMOUS VOTE.

UM, CALIFORNIA EXISTING BUILDING CODE, AN ORDINANCE REPEALING SECTIONS 15 POINT 84.01 AND 15 POINT 84.015 OF CHAPTER 15 POINT 84 OF TITLE 15 OF THE OKLAHOMA MUNICIPAL CODE ADOPTING THE CALIFORNIA EXISTING BUILDING CODE 2019 EDITION S AMENDED BY REFERENCE AND ADDING NEW SECTIONS.

15 POINT 84.01 AND 15 POINT 84.015 TO CHAPTER 15 POINT 84 OF TITLE 15 OF THE ALCOHOL AND MUNICIPAL CODE MOVE APPROVAL.

PLEASE VOTE MOTION CARRIES BY UNANIMOUS VOTE.

THE LAST TITLE IS CALIFORNIA HISTORICAL BUILDING CODE AND ORDINANCE REPEALING SECTIONS.

15.8 8.01 15 POINT 88.02 AND 15 POINT 88.03 OF CHAPTER 15 POINT 88 OF TITLE 15 OF THE OKLAHOMA MUNICIPAL CODE ADOPTING THE CALIFORNIA HISTORICAL BUILDING CODE 2019 EDITION AS AMENDED BY REFERENCE AND ADDING NEW SECTIONS.

15 POINT 88.01 15 POINT 88.02 AND 15 POINT 88.03 OF CHAPTER 15 POINT 88 OF TITLE 15 OF THE EL CAHONE MUNICIPAL CODE MOVE APPROVAL.

[03:50:01]

MR MAYOR, WHAT I'D RECOMMEND IS SINCE WE DO HAVE A SEVEN O'CLOCK PUBLIC HEARING SCHEDULED, UM, AND YOU'VE BEEN ADDED IN FOR THE AUDIENCE'S BENEFIT, THIS IS STILL A CARRY OVER FROM THE THREE O'CLOCK MEETING.

SO I WOULD RECOMMEND THAT WE ADJOURN THE THREE O'CLOCK MEETING AND FINISH THAT BUSINESS AFTER THE SEVEN O'CLOCK PUBLIC HEARING.

WELL WE TAKE A BREAK FIRST.

DO WE NEED TO TAKE A VOTE ON, ON UH, ABOUT THE CALIFORNIA EXISTING BUILDING CODE? YOU DIDN'T READ THAT ONE? YEAH, THAT WAS THE SECOND TO THE LESSER, IT WAS RENT.

OH, THE HISTORICAL CODE.

WAS DOWN THERE TWICE.

I GOT A QUESTION.

ADJOURN VERSUS RECESS.

RESET.

YEAH, I THINK IT'S KIND OF IMPORTANT FOR NOTICE PURPOSES.

I STARTED THIS, YOU WANT TO MAKE THIS REAL QUICK? WE'RE GOING TO TAKE A SHORT RECESS SO WE CAN THINK CLEARLY WHEN WE COME BACK AND WE WILL PUT THE BUSINESS THAT WE DIDN'T DO ON THE FIRST MEETING TO THE END OF THE NEXT MEETING.

SO WE'LL GET RIGHT TO YOUR, UH, ISSUE WHEN WE GET BACK AT SEVEN 15 THAT THANK YOU VERY MUCH.

WE'LL BE RIGHT BACK THERE WITH US.

HOLD ON.

AND I'M 40 IS MY ACTIVITIES REPORT WHICH IS AS RECORDED.

YEAH, SO I'M GOING TO GO BACK TO 14 THE LAST FOUR HOURS HERE.

THEY'RE ALL TIRED.

FOR AS LONG AS I'VE BEEN ON CITY COUNCIL.

I'VE NEVER HAD TO GO BACK AND FINISH THE AFTERNOON MEETING IN THE EVENING.

BUT WHEN IT'S WHAT WE'RE DOING, I'VE DONE IT SO FAR.

THERE ARE NO COMMISSIONER REPORTS TODAY

[14. ACTIVITIES REPORTS/COMMENTS OF MAYOR WELLS: SANDAG (San Diego Association of Governments) Board of Directors; SANDAG – Audit Committee; League of California Cities, San Diego Division; Heartland Fire Training JPA – Alternate; LAFCO.]

THERE'S A LEGISLATIVE REPORT ON TODAY'S AGENDA.

WE ARE AT THE

[15. ACTIVITIES REPORTS/COMMENTS OF COUNCILMEMBERS:]

ACTIVITIES OR REPORTS OF COUNCIL MEMBERS, COUNCIL MEMBER KENDRICK AS REPORTED COUNCIL MEMBER CALLING HAS REPORTED DEPUTY MAYOR STEVE GOBLE HAS SUPPORTED COUNCIL MAYOR PHIL ORTIZ HAS REPORTED

[20. Public Relations Campaign in 2020 RECOMMENDATION: That the City Council directs staff to present a proposal by the December 9, 2019, City Council meeting for a one-year public relations campaign.]

ITEM 20 IS A JOINT COUNCIL.

MY REPORT BY DEPUTY TO GLOBAL AND COUNCIL MEMBER KETTERING GENTLEMAN WOULD TELL US ABOUT THIS PLEASE.

YOU KNOW, ALCOHOL IS, AS YOU SAW ON THE AGENDA REPORT HAS A LOT OF GREAT THINGS GOING ON AND I THINK THERE'S AN OPPORTUNITY TO UM, SPREAD THE MESSAGE BEYOND THE DOWNTOWN BUBBLE.

PEOPLE, UH, AROUND THAT, THE HILLS, FLETCHER HILLS, ALL OF HILLS, GRANTED HILLS, HORIZON HILLS, THEY DON'T ALWAYS KNOW WHAT'S GOING ON AROUND TOWN AND ESPECIALLY THE GREAT THINGS THAT ARE GOING ON.

I DON'T NECESSARILY WANT TO PUBLICIZE SPECIFIC BUSINESSES, UH, WHEN THEY OPEN UP TO SAY, OH, THIS PARTICULAR RESTAURANT OR THIS PARTICULAR, UH, AUTO SHOP OPENED UP BECAUSE THAT MIGHT BE UNFAIR TO ALL THE OTHER EXISTING AUTO SHOPS AND ALL THE EXISTING RESTAURANTS DEPENDING ON THE SIZE.

BUT WHAT I THINK THERE IS AN OPPORTUNITY FOR US TO DO IS SOME KIND OF MESSAGE AND WE HAVE EMPTY BANNER POLES HANGING ON STREET LABS, ST PAUL'S THROUGHOUT THE CITY THAT WERE JIMMY JOHNSON FLAGS AT ONE TIME.

WE'VE GOT REAL ESTATE IN MEDIANS AND THINGS.

AND I THINK THERE'S AN OPPORTUNITY TO MESSAGE, THERE ARE A LOT OF PIECES OF THIS JIGSAW PUZZLE THAT ARE COMING TOGETHER.

AND ONCE YOU SEE A BUNCH OF PIECES IN A PUZZLE COMING TOGETHER, YOU SEE THE VALUE OF THE BIG PICTURE.

YOU SEE THE FOREST, YOU DON'T JUST SEE THE TREES.

AND SO SOMETHING TO THE EFFECT OF IT'S ALL COMING TOGETHER AND, AND 2020 IS, IS OFTEN USED FOR VISION, GOOD VISION, GREAT VISION.

AND I THINK THERE'S AN OPPORTUNITY FOR US TO CREATE SOME KIND OF MESSAGE TO PEOPLE THAT SAYS, YOU KNOW WHAT? THERE ARE A LOT OF GREAT THINGS GOING ON EL CAHONE AND WE HAVE A LOT OF TOOLS TO BE ABLE TO PUBLICIZE THAT AND IT DOESN'T NEED TO BE AN EXPENSIVE CONSULTANT.

WE'VE GOT VERY TALENTED STAFF WHO ARE ABLE TO DO THOSE KINDS OF THINGS.

SO IT IS TO SORT OF PROPOSAL OR, SO I'D SAY LET'S A HAVE STAFF COME UP WITH SOME IDEAS BY THE DECEMBER MEETING, FIRST DECEMBER MEETING AND THEN LET'S TALK ABOUT IT.

THERE'S ONLY ONE MEETING.

WHAT WOULD MAKE ME ONE MEETING IN DECEMBER? WE NEED TO VOTE ON THIS.

WE COUNCIL SAYS WE HAVE TO VOTE.

SO, UH, UH, SO MOVES US.

WHAT? UH, STEVE JUST SAID THAT PLEASE VOTE.

SO WHERE ARE WE NOW? NUMBER 22 THANK YOU BOB.

AND BY THE WAY, THAT'S REALLY CLEVER.

THAT'S WHY YOU'RE A MARKETING GUY.

THAT'S WHAT, 2020 VISION.

THAT'S IT.

I DID THAT.

COMPLETELY ESCAPED ME.

SAYS THE GUY WITH GLASSES.

VISION OFTEN ESCAPES ME.

THAT'S THOSE.

ALL RIGHT,

[03:55:01]

WE HAVE TO SKIP OVER THAT, RIGHT? YOU GOT TO KEEP YOU MOVING ALONG.

ITEM 22 IS THE SECOND READING AND ADOPTION OF AN ORDINANCE APPROVING ZOLA RECLASSIFICATION.

[22. Approve Zone Reclassification No. 2327 - Shadow Mountain Residential Subdivision RECOMMENDATION: That Mayor Wells requests the City Clerk to recite the title. An Ordinance Rezoning Property Located on the South and North sides of East Madison Avenue between Greenfield and Granite Hills Drives from the RS-20 (Single-Family Residential, Minimum 20,000 Sq. Ft. Lots) to the RS-14 (Single-Family Residential, Minimum 14, 000 Sq. Ft. Lots); APNS 508-120-18 and 512-130-35; Pending General Plan Designation: Low Low Density Residential (LLR).]

NUMBER TWO THREE TWO SEVEN FOR THE SHADOW MOUNTAIN RESIDENTIAL SUBDIVISION, I WOULD ASK OUR CITY CLERK TO READ THE TITLE, BUT FIRST, ANGELA, ARE THERE ANY SPEAKER CARS FOR THIS ITEM? WE DO NOT HAVE ANY SPEAKER, SIR, AND PLEASE RECITE THE TITLE.

AN ORDINANCE REZONING PROPERTY LOCATED ON THE SOUTH AND NORTH SIDES OF EAST MADISON AVENUE BETWEEN GREENFIELD AND GRANITE HILL DRIVES FROM THE R S SINGLE FAMILY RESIDENTIAL MINIMUM 20,000 SQUARE FEET, LOTS TO THE RS, 14 SINGLE FAMILY RESIDENTIAL MINIMUM 14,000 SQUARE FEET, LOTS.

APN, FIVE ZERO EIGHT DASH ONE 20 DASH 18 AND FIVE 12 DASH ONE 30 DASH 35 PENDING GENERAL PLAN DESIGNATION, LOW LOW DENSITY RESIDENTIAL, L. L. R.

ALL RIGHT, I'LL MAKE A MOTION THEN TO APPROVE.

MOVING SECOND AND PLEASE VOTE.

I AM 23 IS THE SECOND READING AND ADOPTION OF THE ORIGINS OF MANY SPECIFIC PLAN NUMBER FIVE TWO THREE FOR THE SHADOW MOUNTAIN RESIDENTS SUBDIVISION, I'D ASK SECRETS, READ THE TITLE, BUT AGAIN, ANGELA, DO WE HAVE ANY SPEED CARDS? ON THE SIDE OF NO CARTS HERE.

[23. Amendment of Specific Plan No. 523 - Shadow Mountain Residential Subdivision RECOMMENDATION: That Mayor Wells requests the City Clerk to recite the title. An Ordinance Amending Specific Plan No. 523 to Remove Two Excess Properties Located on the South and North Sides of East Madison Avenue between Greenfield and Granite Hills Drives From the Shadow Mountain Community Church Specific Plan.]

AND PLEASE RECITE THE SADDLE.

AN ORDINANCE AMENDING SPECIFIC PLAN NUMBER FIVE TWO THREE TO REMOVE TWO EXCESS PROPERTIES LOCATED ON THE SOUTH AND NORTH SIDES OF EAST MADISON AVENUE BETWEEN GREENFIELD AND GRANITE HILLS DRIVES FROM THE SHADOW MOUNTAIN COMMUNITY CHURCH SPECIFIC PLAN.

THIS BRINGS

[23. CLOSED SESSIONS:]

US TO CLOSE SESSION.

MR CITY ATTORNEY, WILL YOU PLEASE RECITE THE TITLE AND LEAD US IN THE CLOSED SESSION? THANK YOU MAYOR.

THE CITY COUNCIL MEETING AND CLOSED SESSION, UH, ON TWO ITEMS. THE FIRST IS A CONFERENCE WITH LEGAL COUNSEL AND EXISTING LITIGATION PURSUANT TO PARAGRAPH ONE, A SUBDIVISION D OF GOVERNMENT CODE SECTION FIVE FOUR NINE FIVE 6.9, THE NAME OF THE CASE IS CLIMATE ACTION CAMPAIGN VERSUS CITY OF EL CAHONE.

THE SECOND IS A CLOSED SESSION FOR CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION FIVE NINE FIVE 6.8, THE LOCATION OF THE PROPERTIES ONE DOWN BELOW ONE WEST BRADLEY.

UM, AVENUE.

THE AGENCY NEGOTIATORS ARE THE EXECUTIVE DIRECTOR, THE ASSISTANT EXECUTIVE DIRECTOR OF THE GENERAL COUNSEL.

UH, THE NEGOTIATING PARTIES ARE WASTE MANAGEMENT AND UNDER NEGOTIATIONS, PRICE AND TERMS FOR THE LEASE OF PROPERTY.

I HAVE TO MAKE A MOTION THEN THE MOVES CLOSE SESSION SECOND, PLEASE.

VOTE.

ALL RIGHT, LIZ.

GENTLEMEN, WE GOING TO GO CLOSE SESSION.

WE WON'T BE TOO LONG BACK AND CAN FINISH THE MEETING.

THANK YOU MAYOR.

THE CITY COUNCIL MAN CLOSED SESSION ON TWO ITEMS ON THE FIRST ITEM.

ITEM 24, UH, DIRECTION WAS GIVEN TO THE CITY'S LEGAL COUNSEL AND AN ITEM 25, UH, NO ACTION.

UH, DIRECTION WAS GIVEN TO THE REAL PROPERTY NEGOTIATORS.

I'M SORRY.

THIS BRINGS US TO A GERMAN, THE RAILROAD JOINT MEETING OF THE ELKO CITY COUNCIL AND ALCON HOUSING AUTHORITY HELD THIS EIGHTH DAY OF OCTOBER, 2019 IS THE JURY UNTIL TUESDAY.

WELL, THAT'S WRONG.

ONCE THE EXPEDIA IS A JOURNEY TILL TUESDAY, OCTOBER 22ND AT 3:00 PM.