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[ CALL TO ORDER: Mayor Bill Wells]
TO THE ALCON CITY COUNCIL MEETING AND THE MEETING IS CALLED TO ORDER.AND I WOULD LIKE TO ASK OUR CITY CLERK TO CALL THE ROLE.
ALL COUNCIL MEMBERS ARE PRESENT.
WOULD YOU ALL PLEASE STAND FOR ME WITH A TO SAY THE PLEDGE OF ALLEGIANCE AND REMAIN STANDING AFTER THE WORDS FOR A BRIEF MOMENT OF SILENCE.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
[ POSTINGS: The City Clerk posted Orders of Adjournment of the October 22, 2019, Meeting and the Agenda of the November 12, 2019, Meeting in accordance to State Law and Council/Authority/Successor Agency to the Redevelopment Agency Policy.]
CLERK POSTED ORDERS OF A GERMAN OF THE OCTOBER 22ND, 2019 MEETING AND THE AGENDA OF THE NOVEMBER 12TH, 2019 MEETING IN ACCORDANCE WITH STATE LAW COUNCIL AND HOUSING AUTHORITY POLICY.[ PRESENTATIONS: Presentation: Veteran of the Year Award Presentation: Insurance Services Office Proclamation: Small Business Saturday ]
WE HAVE A COUPLE OF ITEMS THAT ARE PRESENTATIONS TODAY FOR THE FIRST PRESENTATION.I WOULD LIKE TO INVITE CAL GUNS, TREAD A CHAIR OF THE ALCON VETERANS COMMISSION TO THE PODIUM TO PRESENT THE VETERAN OF THE YEAR AWARD.
THANK YOU MAYOR, CITY COUNCIL, CITY OFFICIALS AND FELLOW CITIZENS OF EL CAHONE.
EVERY YEAR, ELKO OR EVERY YEAR THE OKLAHOMA VETERANS COMMISSION HOLDS ITS VETERAN OF THE YEAR.
AND THIS YEAR WHEN I PLACED A CALL TO GEORGE GLOVER ABOUT US NOMINATING HIM TO THE VETERAN OR BEING NOMINATED AS A VETERAN OF THE YEAR, HIS FIRST RESPONSE WAS ACTUALLY KYLIE, IT'S AN HONOR, BUT WE NEED TO THINK ABOUT OTHER VETERANS.
THAT'S THE KIND OF MAN GEORGE GLOVER IS.
AND THAT'S EXACTLY WHY, ONE OF THE REASONS, MANY REASONS WHY HE IS OUR EL CAHONE VETERAN OF THE YEAR.
SO WITH THAT BEING SAID, GEORGE AND RECOGNITION FOR YOUR OUTSTANDING LEADERSHIP AND SERVICE TO OUR COMMUNITY, I'D LIKE TO NAME YOU THE 2019 VETERAN OF THE YEAR.
YOU WANT TO SAY A FEW WORDS JUST BRIEFLY? UH, THANK YOU SO MUCH.
UH, SO IT'S AN HONOR TO BE HERE, UH, IN FRONT OF YOU TODAY.
IT'S A, AN HONOR TO BE CHOSEN FOR THIS.
UH, ESPECIALLY WHEN I LOOK AT THE OTHER THREE NAMES GOING WOW.
YOU KNOW, STARTING WITH NUMBER ONE, RAY MOODY WHO UH, UM, CHIEF PETTY OFFICER IN THE NAVY, HE FOUGHT IN WORLD WAR II, KOREA AND VIETNAM.
UM, SO IT'S, IT'S QUITE AN HONOR.
IT'S QUITE HUMBLING AND, AND THANK YOU SO MUCH TO, UH, THE COMMISSION AND TO ALL THE VETERANS, UH, IN THE CITY OF OKLAHOMA.
I'D LIKE TO INVITE FIRE CHIEF SWEATY TO THE PODIUM TO SHARE WITH US ABOUT THIS JANKY MAYOR, COUNCIL CITY STAFF.
IT'S MY PLEASURE TO BE BEFORE YOU TODAY TO, UH, HAVE A PRESENTATION ABOUT THE, UH, OUR CLASS ONE RATING, UH, THROUGH THE ISO OR, UH, INSURANCE SERVICES OFFICE.
UH, BUT BEFORE I BRING UP THE REPRESENTATIVE FROM THE ISO, I'D LIKE TO PUBLICLY RECOGNIZE SOME OF OUR PARTNERS IN THIS LIKE CAPTAIN JOHN NEVIN TO COME FORWARD.
AND ACTUALLY THE REST OF MY STAFF IS HERE TODAY, UM, TO PUBLICLY THANK THEM FOR ALL THEIR WORK AND THEIR EFFORT THAT THEY'VE PUT INTO OBTAINING, UH, THIS ELITE STATUS, UM, OF HAVING A CLASS ONE.
THERE'S SOME OTHER PEOPLE THAT AREN'T HERE TODAY.
UH, WE HAVE, UH, HEARTLAND COMMUNICATIONS, UM, THE JPA THAT WE SHARE WITH THEM AND THEN A HEARTLAND TRAINING FACILITY.
THE JPA WE SHARE WITH THEM ARE A LARGE PART OF US OF BEING ABLE TO OBTAIN THIS RATING.
ALSO OUR RELATIONSHIPS WITH THE UH, PUBLIC UTILITIES AS FAR AS HE LOOKS IN POTTERY WATER GO WITHOUT ALL OF THESE COMPONENTS.
WE WOULD NOT HAVE THIS ELITE RATING THAT WE HAVE THROUGH THE CLASS ONE, UH, RATING.
SO WITHOUT, UM, YOU HAVE CHIEF BENKO, WE HAVE CAPTAIN JOHN NEVIN, CHIEF MIKE CHASTEN.
THEY'RE ALL INTEGRAL IN DEVELOPING ALL THIS AND GETTING ALL THIS STATISTICS TO THE ISO SO THAT THEY CAN, THEY CAN EVALUATE US.
SO I'D LIKE TO PUBLICLY THANK THEM FURTHER
SHE HAS A POWERPOINT AND SHE'LL EXPLAIN EXACTLY WHAT A CLASS ONE FIRE DEPARTMENT IS.
GOOD AFTERNOON MAYOR AND COUNCIL.
I'M PLEASED TODAY TO CONGRATULATE THE HEARTLAND FIRE DISTRICT ON MAINTAINING THEIR CLASS ONE STATUS.
ISR RATINGS ARE DONE EVERY FIVE YEARS.
THE PRIOR RATING WAS DONE IN 2015 AND
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THE CLASS ONE WAS ESTABLISHED AT THAT TIME.ISO IS AN ADVISORY ORGANIZATION.
WE VISIT FIRE DEPARTMENTS ACROSS THE COUNTRY AND EVALUATE THEM ON A SET OF CRITERIA THAT I'LL LIST TO SEE HOW THEIR FIRE SUPPRESSION CAPABILITIES MATCH UP AGAINST THEIR PEERS.
IT MEASURES FIRE PROTECTION IN 40,000 DISTRICTS ACROSS THE COUNTRY.
OH, THOSE DISTRICTS AS I'LL SPEED THROUGH HERE.
OF THOSE DISTRICTS, ONLY 373 HAVE EVER ACHIEVED CLASS ONE RATING THAT IS LESS THAN 1% OF FIRE DEPARTMENTS OR 1% OF COMMUNITIES ACROSS THE ENTIRE COUNTRY.
OF THOSE 1%, IT'S AN EVEN SMALLER PERCENTAGE OF FIRE DEPARTMENTS AND COMMUNITIES THAT ARE ABLE TO MAINTAIN THAT RATING OVER TIME.
AS WE DO THESE RATINGS EVERY FIVE YEARS.
ISR RATINGS, WE LOOK AT THE COMMUNICATION CENTER WHERE THE NINE ONE ONE CALLS COME INTO THE COMMUNITY.
WE LOOK AT THE FIRE DEPARTMENT, WE GO THROUGH TRAINING RECORDS, PERSONNEL RECORDS, APPARATUS MAINTENANCE AND EQUIPMENT.
WE LOOK AT WATER SUPPLY, HYDRANT INSPECTIONS, FIRE FLOW TESTING.
WE LOOK AT COMMUNITY RISK REDUCTION, WHICH IS ALL OF THE FIRE PREVENTION, PUBLIC SAFETY AND FIRE INVESTIGATION ACTIVITIES A COMMUNITY IS, IS DOING IN THEIR COMMUNITY.
WE TAKE ALL THESE TOGETHER AND EACH ITEM IS INDIVIDUALLY SCORED.
WHEN WE LOOK AT COMMUNICATION CENTERS, FOR EXAMPLE, WE'RE LOOKING AT WHO'S THERE STAFFING THE COMMUNICATION CENTER, WHAT IS THEIR STAFFING, WHAT IS THEIR TRAINING, THEIR CERTIFICATION, CONTINUING EDUCATION.
WHEN WE LOOK AT THE FIRE DEPARTMENT, WE'RE LOOKING AT TRAINING RECORDS, DEPLOYMENT, WHICH IS WHERE YOUR STATIONS ARE LOCATED IN REFERENCE TO YOUR POPULATED AREAS.
WE'RE LOOKING AT THEIR PERSONNEL AND WHAT TRAINING THOSE PERSONNEL HAVE AND WE'RE LOOKING AT ALL THE APPARATUS, THE FIRE ENGINES IN THE FIRE TRUCKS THROUGHOUT THE COMMUNITY AND WHAT IS THEIR MAINTENANCE AND TESTING ON THOSE PIECES.
FINALLY, WE LOOK AT FIRE PREVENTION, PUBLIC SAFETY AND FIRE INVESTIGATION.
AS I MENTIONED, THIS IS ALL THE DIFFERENT ACTIVITIES THAT EITHER THE COMMUNITY OR THE STATE FIRE MARSHAL'S OFFICE IS HANDLING FOR YOUR DISTRICT.
YEAH, FOR WATER SUPPLY, WE LOOK FOR INSPECTION RECORDS, WE LOOK FOR FLOW TESTING OF HYDRANTS TO MAKE SURE THAT ALL AREAS OF THE SYSTEM ARE MAINTAINED AND ONCE WE COMPILE ALL OF THAT TOGETHER, IT IS A HUNDRED POINT RATING SYSTEM AND ONCE YOU ACHIEVE 90% 90 POINTS OR MORE, YOU'RE INTO THAT CLASS ONE STATUS.
AGAIN, LESS THAN 1% OF ALL COMMUNITIES EVER ACHIEVE THIS.
A HEARTLAND HAS ACHIEVED IT FOR THE SECOND TIME.
IT WILL BE EFFECTIVE JANUARY 1ST, 2020 SO WE WANTED TO DEFINITELY GIVE THE CONGRATULATIONS OVER TO THE FIRE DEPARTMENT.
SO YOU CRUISE THROUGH ONE SLIDE THERE.
THERE'S ONLY 35 IN THE STATE OF CALIFORNIA AND I WOULD BE CURIOUS AT SOME POINT TO KNOW HOW MANY CLASS ONES EARN.
SO I HAVE A HUNCH OUR HEARTLAND GROUP IS EVEN MORE RARE THAN THE CLASS ONE.
THERE MUST BE A SUBGROUP OF OF JUST SOME WHO HAVE REPEATED THAT.
YES, I'D SAY IT'S SOMEWHERE IN THE RANGE OF 50% MOST LIKELY.
SO PERHAPS WE'RE ONE OF 17 IN THE STATE OF CALIFORNIA TO MAINTAIN AN ISO RATING, WHICH IS PHENOMENAL.
DO YOU HAPPEN TO KNOW, DO INSURANCE COMPANIES TAKE THIS INTO ACCOUNT WHEN THEY INSURE PROPERTIES IN THE PREMIUM? YES.
SO CURRENTLY 14 OF THE 15 LARGEST INSURANCE COMPANIES UTILIZE THE ISR RATING SYSTEM.
SO IF YOU'RE INSURED UNDER ANY OF THOSE PROVIDERS, THIS IS INCLUDED IN EITHER YOUR HOMEOWNERS OR COMMERCIAL PROPERTY INSURANCE.
ANY OTHER QUESTIONS? WELL, THANKS FOR COMING.
I APPRECIATE, I APPRECIATE YOU TRAVEL ALL OVER THE COUNTRY.
THIS OR WHAT? HOW DID, HOW DID YOU GET TO DO THIS OVER HC JOB? I GUESS? THAT'S A GREAT QUESTION.
I WORKED IN OUR PROCESSING CENTER FOR A LONG TIME AND THEN I CAME OUT HERE TO THE FIELD AND JUST NATURALLY STUCK TO IT.
THANKS VERY MUCH FOR ALL YOUR HARD WORK.
LASTLY, WE HAVE A PROCLAMATION FOR SMALL BUSINESS SATURDAY.
I WOULD LIKE TO INVITE THE REPRESENTATIVES FROM THE CHAMBER OF COMMERCE AND THE DOWNTOWN BUSINESS PARTNERS TO PURCHASE THE PODIUM AND I WILL READ THE PROCLAMATION.
WE'LL ASK THE CITY OF ALCOHOL AND CELEBRATES OUR LOCAL SMALL BUSINESSES AND THE CONTRIBUTIONS THEY MAKE TO OUR ECONOMY.
SMALL BUSINESSES EMPLOY NEARLY 50% OF THE EMPLOYEES IN THE PRIVATE SECTOR OF THE UNITED STATES.
AND WHERE AS INCREASINGLY MORE CONSUMERS VALUE THE CONTRIBUTIONS SMALL BUSINESS MAKE IN THE COMMUNITY, MANY OF WHOM PLAN TO SHOP ON SMALL BUSINESS SATURDAY TO SUPPORT SMALL INDEPENDENTLY OWNED
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RETAILERS OR RESTAURANTS THAT THEY HAVE NOT BEEN TO BEFORE OR NOT HAVE OTHERWISE TRIED.AND WHEREAS NEARLY 60% OF SMALL BUSINESS OWNERS SAID SMALL BUSINESS SATURDAY CAN TRIBUTE SIGNIFICANTLY TO THEIR HOLIDAY SALES EACH YEAR.
AND WHEREAS THE CITY OF ALCOHOL SUPPORTS OUR LOCAL BUSINESSES THAT CREATE JOBS, BOOSTS OUR LOCAL ECONOMY AND PRESERVE OUR COMMUNITIES.
OUR ADVOCACY GROUPS AS WELL AS PUBLIC AND PRIVATE ORGANIZATIONS ACROSS THE COUNTRY HAVE ENDORSED THE SATURDAY AFTER THANKSGIVING, A SMALL BUSINESS SATURDAY NOW THEREFORE I THE WELLS, THE MAYOR OF THE CITY OF ALCOHOL AND TOGETHER WITH THE CITY COUNCIL TO HEAR WHY PROCLAIM THE 30 13TH DAY OF NOVEMBER, 2019 TO BE SMALL BUSINESS SATURDAY IN THE CITY OF EL CAHONE.
AT FURTHER, WE FURTHER URGE THE RESIDENTS, OUR COMMUNITY AND COMMUNITIES ACROSS THE COUNTRY TO SUPPORT SMALL BUSINESSES AND MERCHANTS ON SMALL BUSINESS SATURDAY AND THROUGHOUT THE YEAR.
MY NAME IS RICK WILSON ON THE PRESIDENT, CEO FOR THESE COUNTY CHAMBER OF COMMERCE.
AND I THANK YOU SO MUCH FOR THE PROCLAMATION.
IT IS IMPORTANT FOR SMALL BUSINESS SATURDAY TO BE SUCCESSFUL AND WE HIGHLY ENCOURAGE EVERYONE TO SHOP EAST COUNTY.
THAT'S DEFINITELY ONE OF OUR TAGLINES THAT WE SAY ALL YEAR LONG, BUT ESPECIALLY ON NOVEMBER 30TH, PLEASE SHOP SMALL BUSINESS SATURDAY FOR SURE AND, AND REALLY HELP OUR BUSINESSES IN THESE COUNTY GROW.
YEAH, I JUST WANTED TO THANK YOU BECAUSE REALLY WITHOUT YOU, THIS DOESN'T, THIS DOESN'T HAPPEN.
I THINK BOB'S BEEN ON THE COUNCIL SINCE 1990 2:00 AM I CORRECT WITH MY NUMBERS AND I CAN REMEMBER THE UNION TRIBUNE CALLING DOWNTOWN, UH, EL CAHONE, UH, LOOK LIKE BOMBED OUT BAY ROUTE, I THINK WAS IT EXACT QUOTE.
AND WITH YOUR PARTNERSHIP WITH THE CITY AND SOME OF THE CITIZENS, WE WERE ABLE TO TURN THINGS AROUND.
WE BROUGHT IN JOBS, WE BROUGHT STARBUCKS AND ALL THAT STUFF.
SO I REALLY WANT TO THANK YOU BECAUSE I REALLY FEEL WE'RE IN A REALLY UNIQUE POSITION.
I TALKED TO OTHER P BIDS AROUND THE COUNTY BECAUSE THEY ASK HOW WE DO IT WITH SUCH A SMALL STAFF AND GET SO MUCH DONE.
AND I SAID, WE HAVE THIS WONDERFUL PARTNERSHIP WITH THE CITY OF ALCOHOL AND WE'RE REALLY ALMOST THE SAME ORGANIZATION IN SOME WAYS.
AND SO I JUST WANT TO THANK YOU VERY MUCH FOR, FOR BEING THERE AND AGAIN, WE COULDN'T DO IT WITHOUT YOU.
SO THANK YOU VERY MUCH AND THANK YOU TO THE CHAMBER OF COMMERCE AND ALL OF THE PEOPLE THAT WORK IN THE DOWNTOWN PARTNERSHIP.
THANK YOU DARRYL FOR TAKING IT OVER WHEN YOU DID BECAUSE IT WAS KIND OF IN A SHAMBLES BEFORE YOU WERE THERE AND, UH, YOU SAVED US A LOT OF MONEY AND YOU SAVED THE CITY, UH, A LOT OF, UM, USELESS, UH, COINS ON, UH, AFTER YOU TOOK OVER.
I THINK WE WENT FROM 19 FULL TIME EMPLOYEES TO ONE AND WE ACTUALLY DO TWICE AS MUCH STUFF.
PROBABLY A PRETTY GOOD, PRETTY GOOD RATIO.
YEAH, THAT'S, THAT'S A DIFFERENCE OF FREE ENTERPRISE.
[ AGENDA CHANGES:]
STAFF.DO YOU HAVE ANY AGENDA CHANGES MR MAYOR AND MEMBERS OF THE COUNCIL? UH, THE COMPANY THAT PROVIDES, UH, OUR BILLING SERVICE FOR OUR SEWER, UH, ANNOUNCED TO US THIS MORNING THAT THEY'RE GOING OUT OF BUSINESS.
AND BECAUSE OF THE LAST MINUTE NEWS, WE WOULD LIKE TO BRING AN EYE AND AN EMERGENCY ITEM TO THE CITY COUNCIL TO DISCUSS THAT LATER TODAY WITH SOME RECOMMENDATIONS.
UH, MR. FOLEY CAN WALK US THROUGH WHAT WOULD NEED TO TAKE PLACE IN ORDER FOR THAT ITEM TO BE ADDED TO THE AGENDA SINCE THE AGENDA ALREADY BEEN POSTED.
THE CITY CAN ADD AN ITEM TO A POSTED AGENDA, UH, FOR A NUMBER OF REASONS, BUT ONE THAT'S PERTINENT HERE IS UNDER SUBSECTION A, I'M SORRY, B TWO OF SECTION FIVE, FOUR NINE FIVE, 4.2.
UH, AND THAT PROVIDES THE BY A TWO THIRDS VOTE.
IN OTHER WORDS, FOUR OF YOU BECAUSE WE HAVE FIVE MEMBERS, UH, THE CITY COUNCIL CAN DETERMINE THAT THERE IS A NEED TO TAKE IMMEDIATE ACTION AND THE NEED FOR ACTION CAME TO THE ATTENTION OF THE CITY COUNCIL.
SUBSEQUENT TO THE POSTING OF THE AGENDA.
AS MR. MITCHELL INDICATED, WE JUST TODAY FOUND OUT THAT THIS CONTRACTOR WILL IS OUT OF BUSINESS.
AND SO WE WON'T HAVE ANOTHER MEETING UNTIL DECEMBER.
AND THERE IS, IN MY VIEW, AND I HOPE YOUR DETERMINATION, THERE IS A NEED FOR IMMEDIATE ACTION TO BE TAKEN.
SO THE FIRST PROCEDURE IS THE CITY COUNCIL WOULD HAVE TO VOTE IN ORDER TO MAKE THAT FINDING AND PLACE IT ON THE AGENDA.
AND THEN AFTER THAT YOU CAN APPROVE THE AGENDA CHANGES BY ANOTHER VOTE.
SO YOU LET US KNOW AT WHAT POINT WE UH, DO ALL THAT.
FIRST, FIRST TO ADD THE ITEM TO THE AGENDA.
IF YOU, UH, IF YOU COULD HAVE A MOTION AND A SECOND AND A VOTE AND BY FOUR FOUR-FIFTHS VOTE, FIND THAT THERE IS A NEED TO TAKE IMMEDIATE ACTION UNDER THE CIRCUMSTANCES.
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A MOTION TO THAT EFFECT.MOTION CARRIES BY UNANIMOUS VOTE.
AND NOW BECAUSE WE'RE AT THE AGENDA CHANGES PART, YOU CAN NOW APPROVE THE AGENDA AS CHANGED.
I LIKE TO MAKE A MOTION TO CHANGE THE AGENDA AS DESCRIBED.
SECOND, PLEASE VOTE MOTION CARRIES BY UNANIMOUS VOTE.
UH, GRAHAM, WILL PEOPLE STILL BE ABLE TO PAY IT ONLINE AS THEY DO NOW OR DO WE, DO WE KNOW ANY OF THAT? YOU KNOW MR MCCLELLAN, WE'D LIKE TO ADDRESS THAT DURING THE AGENDA ITEM WHERE WE WILL GIVE A BRIEF PRESENTATION AND MR MAYOR, UNLESS YOU DIRECT.
OTHERWISE I'D RECOMMEND WE PUSH THIS AT THE END OF THE COUNCIL MEETING OR OUR LAST AGENDA ITEM.
UNLESS YOU WANT TO MOVE IT UP FOR ADMINISTRATIVE ITEMS, THAT'S FINE.
I'LL TAKE YOUR RECOMMENDATION.
I SHOULD NOTE THAT COPIES OF THE MEMORANDUM AND THE RESOLUTE PROPOSED RESOLUTION ARE AVAILABLE FOR ANYBODY THERE.
[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.]
ARE NOW CONSENT ITEM, CONSENT ITEMS, A ROUTINE MATTERS AND THE BY ONE MOTION ACCORDING TO THE RECOMMENDATION LISTED BELOW WITH THE CONCURRENCE THE CITY COUNCIL, A COUNCIL MEMBER OR PERSON IN ATTENDANCE MAY REQUEST DISCUSSION OF A CONSENT ITEM AT THIS TIME.COUNCIL MEMBERS JEWISH TO PULL ANY OF THE CONSENT ITEMS. STAFF? NO SIR.
ANGELA, DO YOU HAVE ANY SPEED CARS FOR CONSENT ITEMS? I TO MAKE A MOTION THEN TO APPROVE CONSENT ITEMS. SECOND.
SECOND, PLEASE VOTE MOTION CARRIES BY UNANIMOUS VOTE.
[ 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.]
BRINGS US TO PUBLIC COMMENT.AT THIS TIME, ANY PERSON MAY ADDRESS A MATTER WITHIN THE JURISDICTION OF THE CITY COUNCIL HOUSING AUTHORITY SUCCESSOR AGENCY TO THE ALCOHOL AND REDEVELOPMENT AGENCY.
COMMENTS RELATING TO ITEMS ON TODAY'S AGENDA ALREADY BEEN TAKEN AT THE TIME THAT THE ANIMUS, HERD, STATE LAW PROHIBITS DISCUSSION OR ACTION ON ITEMS NOT ON THE AGENDA.
HOWEVER, CITY COUNCIL AND HOUSING AUTHORITY MEMBERS MAY BRIEFLY RESPOND TO STATEMENTS OR QUESTIONS AND AN ITEM MAY BE PLACED ON A FUTURE AGENDA.
ANGELA, DO YOU HAVE ANY CARDS UNDER PUBLIC COMMENT? YES SIR.
GOOD AFTERNOON MAYOR COUNCIL STAFF.
UH, I'M JUST GOING TO DEFER FOR A SECOND.
THE GROUP THAT IS HERE FOR, UH, AGENDA ITEMS 15 AND 16.
I'M HAPPY JUST TO SEE THEM HERE BECAUSE SO MANY OF THEM ARE THE FRONT LINE ON THIS VAPING ISSUE AND I'M GLAD THEY'VE GOTTA TO BE HEARD TODAY.
UH, SECONDLY, I JUST WANT TO THANK, UH, DAVID GENWORTH.
LAST TIME HE MADE A REFERENCE TO THE OF ETHICS ABOUT TRANSPARENCY AGAIN.
UH, AND WHEN I'M SPEAKING ABOUT FORM 704 60, I'M BRINGING THIS UP AGAIN BECAUSE, UH, LIKE HE SAID, THERE'S A CONFLICT OF INTERESTS AND A INDIFFERENCE RESPONSE.
BUT, UH, COUNCILMAN GOEBEL DID SEND ME AN EMAIL AND I'D LIKE TO ADDRESS THAT JUST FROM, UH, MR GOLD.
UH, I DIDN'T ANSWER YOU BECAUSE MOST OF WHAT YOU SENT TO ME I WAS WELL AWARE OF.
HOWEVER, UH, THERE'S ONE THING I WAS IN AGREEMENT WITH YOU ON IS THAT THAT IS THAT PEOPLE CAN ACTUALLY CALL INTO THE CITY CLERK AND REQUEST THESE FORMS. OKAY.
AND, UH, AND A LOT OF PEOPLE AREN'T AWARE OF THEM.
YOU KNOW, UH, RIGHT NOW, BUT BEING WITH NEXT YEAR COMING UP, YOU KNOW, WHEN PEOPLE ARE DECLARING WHAT THEY'RE RUNNING FOR, UH, I'M WILLING TO HELP ANYBODY OUT WITH THIS HERE BECAUSE, UH, THAT THAT IS ONE WAY OF GOING ABOUT, AND EVEN THROUGH THE, UH, FAIR POLITICAL PRACTICES COMMISSION, THERE ARE OTHER AVENUES FOR US TO TAKE ABOUT THIS HERE.
SO AGAIN, I, I'M GOING TO SAY I BELIEVE THAT IN FULL TRANSPARENCY ALONG WITH THE CODE ETHICS, THIS SHOULD BE ON THE CITY'S WEBPAGE.
UH, AND THEN, UH, JUST, JUST GOING FORWARD AND MAYBE LIGHTENED THINGS UP A LITTLE BIT.
UH, I WAS JUST SPEAKING WITH SOMEONE THE OTHER DAY ABOUT, UH, SOME OF THE CANDIDATES FOR THE DEMOCRATIC, UH, PRESIDENCY AND MR. YANG, UH, HAD AN ORGANIZATION THAT, THAT HE TURNED MESH AND MASH STOOD FOR, MAKE AMERICANS, UH, HOLD ON A SECOND, MAKE AMERICANS SPEAK, UH, MORE.
BUT ANYWAY, I WAS THINKING ABOUT CHANGE.
BUT THEN WHEN I REALIZED WHAT THE INITIALS WERE, I JUST KABOSHED THAT WHOLE THING.
BUT, UH, AND THEN AGAIN, UH, WE, WE ALL SHARE SOMETHING IN COMMON, LIKE THE COMMON WITH THE HOLIDAYS COMING UP HERE, YOU KNOW, SO THE ONE THING WE ALL HAVE IN COMMON IS FAMILY AND THINGS LIKE THIS HERE.
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UH, IT'S UNFORTUNATE BECAUSE THAT'S THE WAY IT SHOULD BE ALL THE TIME.THIS COMING TOGETHER, AND AGAIN, JUST TO QUOTE ELIJAH CUMMINGS AGAIN, WE'RE BETTER THAN THIS.
AND I'M GOING TO KEEP PLUGGING AWAY BECAUSE NEXT NEXT YEAR IS A VERY IMPORTANT ELECTION AND WE STILL NEED A WOMAN ON THIS COUNCIL ALSO FOR A DIFFERENT PERSPECTIVE.
WHETHER YOU AGREE WITH OR DON'T DISAGREE, THAT'S, THAT'S HOW I FEEL.
AND IF ANYONE HAS ANY QUESTIONS FOR ME, I'D BE MORE THAN HAPPY TO ANSWER THEM.
OR WELLS COUNCIL MEMBERS, STAFF MAN, WHICH MY BOY, DALLAS.
THIS IS ABOUT TRANSPARENCY WITH THE CITY OF ELKA HOME ON JULY.
UM, AND IN JULY I SENT A LETTER TO THE CITY OF EL CAHONE REGARDING THE STREETS, THE POTHOLES THAT WERE NOT BEING PRE REPAIRED.
THIS HAS GONE BACK FOR 30 YEARS.
I FELL IN 2014 AFTER BACK SURGERY AND MARIJUANA CELLS.
I HAVE AN EMAIL THAT I SENT TO YOU AS TO WHEN IS THIS ALL GETTING FIXED? WE ARE NEIGHBORS RECEIVED A NOTICE FROM THE CITY OF EL CAHONE ON OCTOBER 31ST THAT ON UH, NOVEMBER 5TH THROUGH NOVEMBER EIGHT, THEY WERE GOING TO DO HELIX VIEW DRIVE.
THERE WAS THE TIME A SEVEN TO 5:00 PM, THERE WAS THE DATE, UH, 11 FIVE THROUGH 11, EIGHT AND THERE WAS THE NOTICE THAT IF YOUR CARS ARE THERE, WE WILL TELL THEM.
UH, THANKFULLY ONE OF OUR NEIGHBORS WHO LIVES AT 1390 OFFERED THE NEIGHBORHOOD A PLACE TO PARK THEIR EXCESS CARS BECAUSE THEIR LOT IS SURROUNDED BY ALL OF US NEIGHBORS.
I SENT AN EMAIL BECAUSE THESE PEOPLE HAD THE RIGHT TO TRANSPARENCY.
WE CAN'T GO OUT OF MIDWAY DRIVE NOW BECAUSE THEY WERE GOING TO DO MIDWAY DRIVE AND THEY WERE DOING PINE DRIVE.
THESE PEOPLE HAD TO GO TO WORK, TAKE THEIR CHILDREN TO SCHOOL AND THERE WAS NO COMMUNICATION, NO TRANSPARENCY.
UH, CHRISTIAN FELIX WHO WAS THE PROJECT ENGINEER WAS WONDERFUL.
UH, THERE WAS A RESOLUTION IN 1990, 30 YEARS AGO.
THAT HELIX FEUD DRIVE WAS A NARROW CULDESAC HE'LL GET FEW DRIVE, COULD NOT HAVE AN AERIAL FIRETRUCK GO UP THERE BECAUSE OF THE SITUATION, THE ROUND CURVES, SOMEBODY SHOULD HAVE PREPARED THE PAVING COMPANY THAT YOU CAN'T BRING A BIG BINDING TRUCK WITH CONVEYOR BELTS UP THE STREET.
WHAT A DUMP TRUCK BEHIND THERE ARE LOW POWER LINES AND THEY HAD TO CALL IN FOR SMALLER TRUCKS.
YOU HAVE A PLAT MAP IN YOUR PLANNING DEPARTMENT THAT SHOWS THE LAND OF HELIX VIEW DRIVE AND ALL THIS, THE SURROUNDING ONES.
I SUGGEST NEXT TIME YOU GIVE THE PEOPLE WHO ELECT YOU CREDIT FOR, UH, TRYING TO FIGURE OUT WHAT WAS DONE.
AND I WANT TO ADD ANOTHER NOTE.
UH, I KNOW MY TIME IS UP FOR THOSE WHO FEEL THAT THE NEIGHBORS IN THE CITY, UH, THE NEIGHBORS ON HELIX FEW DRY, IF I HAVE NOT CALLED THIS CITY.
AND TO COMPLAINED, WHETHER IT WAS ABOUT THE STREETS OR A CHOP SHOP OR WHATEVER, OR CARS PARKED IN A NO PARKING ZONE.
LET ME TELL YOU, THEY HAVE CALLED AND I HAVE DOCUMENTATION IN AN EMAIL THAT APPARENTLY I WAS THE ONLY ONE WHO DID SO AND THE WORDS ABOUT EL PACHINO AND CENTER OF A WOMAN.
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THANK YOU BONNIE.ALLOW, I NOTED THAT AT THE BOTTOM OF THE AGENDA FOR TODAY, AWAITS WASTE MANAGEMENT IS GOING TO BE DISCUSSED IN A CLOSED SESSION, UH, FOR NEGOTIATIONS FOR A RENTAL OF BUILDINGS.
AND I RECALL THAT WHEN GRAHAM MITCHELL, UH, SAID THAT UNDER HIS WATCH THERE WOULD BE COMPETITIVE BIDDING FOR EVERYTHING.
I'M WONDERING WHY SINCE THERE HASN'T BEEN A CONTRACT APPROVED FOR WASTE MANAGEMENT, WHY THIS DISCUSSION OF LEASING OF BUILDINGS BEFORE THE NEW CONTRACT IS SIGNED? UH, I KNOW THAT THERE ARE PEOPLE WHO ARE VERY UPSET BY THIS BECAUSE IT CAME ACROSS MY EMAIL UNDER NEIGHBORHOOD AND PEOPLE HAVE CALLED EDCO TO GET DIFFERENT PRICES AND ED CO HAS TOLD THEM POINT BLANK THAT THEY ARE NOT ALLOWED TO PICK UP ANYTHING IN ALCOHOL BECAUSE WASTE MANAGEMENT HAS A MONOPOLY FOR OLDER PEOPLE.
THIS IS REALLY HARD BECAUSE THEY CANNOT AFFORD TO PAY WHAT THE NEW PRICES ARE THAT HAVE BEEN REPORTED ON EMAIL.
SO I URGE YOU TO LET PEOPLE KNOW THAT COMPETITIVE BIDDING IS THE WAY YOU WILL GO AND THAT ALL PURVEYORS OF TRASH PICKUP WILL BE HEARD AND THEIR OPPORTUNITIES, UH, LOWER PRICES BE CONSIDERED BY THE CITY COUNCIL.
JUST SO YOU KNOW THAT THERE WILL BE COMPETITIVE BIDDING FOR THE TRASH HOLLY CONTRACT.
AND THE REASON THAT WE CAN'T HAVE MORE THAN ONE TRASH HAULER IN THE CITY IS THAT IF WE HAVE THREE DIFFERENT TRASH HAULERS, UM, MY HOUSE MIGHT BE, UH, ONE WASTE MANAGEMENT.
HIS HOUSE MIGHT BE EDCO AND HIS HOUSE MIGHT BE REPUBLIC.
SO INSTEAD OF HAVING ONE SET OF GIANT TRUCKS COMING DOWN YOUR STREET AT SIX IN THE MORNING PICKUP UP TRASH, YOU WOULD HAVE THREE THROUGHOUT THE WEEK, WHICH IS REALLY DIFFICULT.
HARLEM, THE STREETS AND COSTS A LOT MORE AND WANTED TO KEEP THE STREETS REPAIRED.
SO MOST SMALL CITIES ONLY HAVE ONE, UH, CARRY.
THAT'S GIVEN THE CONTRACT AT A TIME.
WELL, EVIDENTLY THE WORD DID NOT GET OUT TO EDCO AND OTHER TRASH HAULERS THAT THEY WOULD BE ABLE TO BID AND GET A FAIR HEARING.
OH, THEY'RE DEFINITELY GOING A BIT.
THEY'RE THERE, BUT WE'RE NOT, WE'RE NOT THERE YET.
W WHAT'S YOUR, WHAT YOU'RE LOOKING AT IS THE, THE USE OF, OF A BUILDING.
IT'S COMPLETELY DIFFERENT THAN THE TRASH ON CONTRACT.
I REMEMBER WHEN GRAHAM MENTIONED WHAT I SAID EARLIER, THAT THERE'D BE COMPETITIVE BIDDING FOR EVERYTHING.
EVERY PERSON ON CITY COUNCIL EXCEPT ONE WAS BESIDE HIMSELF AND SAYING, OH, WHY ARE WE GOING TO DO ABOUT BUILDINGS? IT WAS IF, OH MY GOODNESS, WE'RE GOING TO HAVE TO HAVE A COMPETITIVE BIDDING SITUATION FOR WASTE MANAGEMENT.
THAT WAS REALLY QUITE PRONOUNCED.
AND SO I THANKED EVERYBODY WHO WAS IN THE COMPETITIVE BIDDING, UH, ON THE STAFF FOR WHAT THEY DID BECAUSE THAT'S THE ONLY WAY PEOPLE ARE GOING TO GET A FAIR PRICE.
LIKE I SAID, WE'RE THERE, THERE'S GOING TO BE A COMPETITIVE BID, SO THANK YOU.
MR MAYOR, IF I CAN PROVIDE THE COUNCIL AN UPDATE.
UH, THE RFP IS CURRENTLY ON THE STREET RIGHT NOW AND SO, UH, WE DO IT THROUGH A PROGRAM CALLED PLANET BID AND PART OF THAT IS COMPANIES REGISTER AND ACTUALLY DOWNLOAD IT.
AND I CAN ASSURE YOU THAT, THAT WE HAVE AT LEAST FOUR COMPANIES, UM, AND ED CODE HAPPENS TO BE ONE OF THEM.
OUR LAST SPEAKER IS RUTH THORNTON.
UM, SEVERAL THINGS ACTUALLY THAT I WOULD LIKE TO SAY.
UM, HAPPY HUNDRED AND 17TH ANNIVERSARY TO THE CITY OF EL CAHONE.
UM, I'M BEEN NOTICING THAT THE HOMELESS ARE GETTING THICKER AND THICKER IN MY AREA.
UM, I'VE SEEN A LOT OF THEM AT WASHINGTON AND MAGNOLIA
[00:30:01]
AND AVOCADO AND CHASE.AND I'M THINKING WE'RE COMING INTO WINTER IS, IS THERE A PLAN WITH THE CITY? I, I HAVEN'T HEARD OF ANYTHING.
I WOULD LIKE TO HEAR MORE ON THAT.
UM, I DO THINK THAT THE ELCA, UH, EAST COUNTY A TRANSITIONAL TRANSITIONAL LIVING CENTER DOES WONDERFUL WORK AND I WOULD ENCOURAGE THE COUNCIL TO CONTINUE GIVING MONEY TO THEM AND EVEN INCREASE THE MONEY THAT THEY GIVE TO THEM BECAUSE THEY DO GOOD WORK AND THEY HAVE A GOOD SUCCESS RATE AND THEN LET'S SUPPORT THEM IN EVERY WAY THAT WE CAN.
MY WOMAN'S CLUB SUPPORTS THEM AND THEY'VE DONE GOOD THINGS.
UM, MOTHER GOOSE PARADE IS COMING UP AND I HOPE EVERYONE HERE WILL GO THIS YEAR.
I WENT LAST YEAR AND I HAD A LOT OF FUN.
I HADN'T BEEN IN PROBABLY 25 YEARS, BUT IT WAS FUN AND IT WAS A GOOD PORTRAYED.
UM, ALSO YESTERDAY, THE VETERANS DAY CEREMONY WAS GREAT.
AND THE VETERANS WHO WERE HONORED REALLY APPRECIATED IT SITTING IN THE AUDIENCE.
I COULD SEE THOSE VETERANS AND A LOT OF THEM CARED UP FOR BEING HONORED.
SO I HOPE THAT, I THINK THIS WAS THE SEVENTH TIME THAT YOU'VE DONE IT.
I HOPE THAT WILL CONTINUE AND MAYBE HAVE A LITTLE MORE ADVERTISING ABOUT IT.
I MEAN, I KNEW IT WAS COMING UP SO I LOOKED FOR THE DETAILS, BUT I DON'T THINK EVERYONE KNEW THAT IT WAS GOING TO HAPPEN.
THE FLAGS ON MAIN STREET WERE GREAT AND THEY ONLY, I WENT TO THE ALLEY CATS ALSO AND I DIDN'T THINK IT WAS AS WELL ATTENDED AS IT HAD BEEN THE YEAR BEFORE.
HOWEVER, THE ALLEY WAS DIRTY AND I DON'T KNOW WHETHER THAT'S UP TO THE BUSINESS OWNERS OR THE CITY OF EL CAHONE, BUT MAYBE NEXT YEAR BEFORE THAT DATE THE CITY COULD GO THROUGH THERE AND DO A LITTLE BIT OF CLEANUP THAT WOULD BE APPRECIATED.
THERE ARE NO WRITTEN COMMUNICATIONS ON TODAY'S AGENDA.
[13. Delinquent Refuse Collection Charges RECOMMENDATION: That the City Council: Opens the Public Hearing and considers public testimony; Closes the Public Hearing; Adopts the next Resolution, in order, confirming the list of property owners as delinquent in the payment of their mandatory trash service bills; and, Authorizes the City Clerk to record the amount owed as a lien on the property and forward a list to the County Tax Assessor for billing on the next property tax bill.]
HEARINGS.ITEM 13 IS FOR DELINQUENT REFUSE CHARGES.
AND I WILL ASK OUR STAFF TO TELL US ABOUT THIS.
GOOD AFTERNOON, MAYOR AND COUNCIL.
UH, DIRK EPPERSON, DIRECTOR OF PUBLIC WORKS WITH THE CITY OF OKLAHOMA AS MY PLEASURE TO BRING BEFORE YOU TODAY.
THIS ITEM, UM, EVERY THREE MONTHS OR SO, WE HAVE TO RECONCILE OUTSTANDING DELINQUENT, UM, CHARGES.
THESE ARE ACCOUNTS WHERE PEOPLE HAVE NOT PAID ON THEIR REFUSE OR TRASH COLLECTION.
AND SO AT THIS TIME WE BRING BEFORE YOU, UH, AN ITEM WITH A RECOMMENDATION AND THAT RECOMMENDATION IS TO ADOPT THE RESOLUTION, UH, CONFIRMING THE LIST OF PROPERTY OWNERS AS DELINQUENT AND AUTHORIZING THE CITY CLERK TO RECORD THE AMOUNT OWED AS A LIEN ON THE PROPERTY.
UH, AS OF THIS MORNING WHEN WE GOT OUR LATEST DATA, WE HAD 583 NOTICES SENT, UH, THAT WAS ABOUT $82,000 IN DELINQUENTS, UH, DELINQUENCIES.
UH, SINCE WE SENT THAT OUT, WE HAD 201 RESPOND.
AND SO THAT BROUGHT OUR NUMBER DOWN TO 382.
AS I SAID, LIKE I SAID, AS OF THIS MORNING, SO 382 STILL OUTSTANDING, WHICH IS A PRETTY GOOD, WE'VE GOT 201, UH, THAT PAID UP.
AND SO THAT CURRENT LIEN BALANCE IS $55,266 AND 53 CENTS.
AND SO THAT IS MY
UM, COUNSEL, ANY QUESTIONS? UH, PUBLIC HEARING IS NOW OPEN.
ANGELA, DO WE HAVE ANY SPEAKER CARDS? NO CARDS, SIR.
THEN I'D LIKE TO MAKE A MOTION TO CLOSE PUBLIC HARRY.
MOTION CARRIES BY UNANIMOUS VOTE.
SOMEBODY LIKE TO MAKE A MOTION.
ADOPT THE NEXT REC RESOLUTION.
UH, IN ORDER TO CONFIRMING THE LIST OF PROPERTY OWNERS AS DELINQUENT ON THEIR PAYMENT OF THEIR
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MANDATORY TRASH SERVICE.MOTION CARRIES BY UNANIMOUS VOTE.
[14. Public Hearing to Approve Delinquent Sewer Service Charges and Tax Liens RECOMMENDATION: That the City Council: Opens the Public Hearing and considers public testimony; Closes the Public Hearing; Adopts the next Resolution, in order, confirming the list of property owners as delinquent in the payment of their mandatory sewer service bills; and Authorizes the City Clerk to record the amounts owed as a lien on the property and forward a list to the County Tax Assessor for billing on the next property tax bill. ]
PUBLIC HEARINGS.ITEM 14 IS FOR JOINT QUIT SEWER SERVICE.
AND I WILL ASK DIRK TO COME BACK AND SEE IF HE CAN TOP THE EXCITEMENT OF HIS LAST REPORT WITH THIS ONE.
I GOTTA TELL YOU, YOU KNOW, THIS IS ABOUT SEWER NOW AND SO IT'S A LOT MORE EXCITING.
UH, THIS ONE, WE STARTED OUT WITH 875 DELINQUENT SEWER CHARGES.
UH, THAT TOTAL 169,000 OR JUST OVER THAT.
AND SO SINCE WE SENT THAT OUT, WE HAD 350 PEOPLE RESPOND AND PAY THEIR BILL.
AM I MAKING THIS EXCITING ENOUGH? IT'S OKAY.
SO AS OF THIS MORNING, WE HAVE 525 525, UH, OUTSTANDING DELINQUENT ACCOUNTS TOTALING 134,000.
UH, AND IF YOU ADD ALL THE ADMINISTRATIVE FEES ONTO THAT, OF FOR THAT WE HAVE TO PROCESS THROUGH THE COUNTY FOR THIS ACTION.
UH, THAT'S $149,000 WORTH OF OUTSTANDING LIENS AS OF THIS MORNING.
SO IT WAS OUR RECOMMENDATION TO ADOPT THE NEXT RESOLUTION, ACCEPTING THE LIST AND AUTHORIZING THE CITY CLERK TO RECORD THE AMOUNTS AS A LIEN ON THE PROPERTY IN FLORIDA.
LIST TO THE COUNTY TAX ASSESSOR FOR BILLING ON THE NEXT PROPERTY TAX BILL.
ANGELA, DO YOU HAVE ANY SPEAKER CARDS? MAKE A MOTION THEN CLOSE PUBLIC HEARING.
MOTION CARRIES BY UNANIMOUS VOTE.
SOMEBODY LIKE TO MAKE A MOTION.
MOTION CARRIES BY UNANIMOUS VOTE.
[15. Update on Electronic Vapor Devices and Products RECOMMENDATION: That the City Council receives a report on electronic vapor devices and products. ]
ADMINISTRATIVE REPORTS ON TODAY'S AGENDA.ITEM 15 IS AN UPTAKE ON ELECTRONIC VAPOR DEVICES AND PRODUCTS.
AND I WOULD ASK OUR STAFF TO TELL US ABOUT THIS, MR MAYOR AND MEMBERS OF THE CITY COUNCIL, IF WE CAN BRING UP THE PRESENTATION WHILE THEY'RE DOING THAT, I'LL JUST, UH, SPEAK A LITTLE.
UM, AT THE OCTOBER 8TH MEETING, CITY COUNCIL MEETING, THE CITY COUNCIL HEARD A PRESENTATION ABOUT THE CITY'S RE, UH, TOBACCO RETAILER LICENSE PROGRAM.
ONE OF THE THINGS THAT, UH, WAS DISCUSSED WAS E-CIGARETTES AND VAPING AND THE CITY COUNCIL GAVE STAFF SOME DIRECTION TO, UM, AFTER THE COUNCIL GAVE STAFF SOME DIRECTION.
AFTER HEARING A LOT OF PUBLIC COMMENT ABOUT VAPING AND ABOUT E-CIGARETTES, UH, STAFF HAS PREPARED AN AGENDA ITEM AND HAS PROVIDED SOME UPDATES IN THAT AGENDA REPORT ABOUT, UM, SOME, SOME UPDATES FROM THE FEDERAL GOVERNMENT.
AND FRANKLY, THE, THE UPDATES IN THE AGENDA REPORT ARE ACTUALLY ALREADY OLD NEWS.
AND SO I'LL UPDATE THE CITY COUNCIL ON SOME OF THE LATEST INFORMATION FROM THE CDC.
IT ALSO INCLUDED SOME OF THE REGULATIONS THAT OTHER CITIES IN THE STATE OF CALIFORNIA HAVE BEEN IMPLEMENTING.
UH, IT DID INCLUDE WITH IT, UH, TWO RESOLUTIONS FROM OUR LOCAL PUBLIC SCHOOL DISTRICTS, UH, ENCOURAGING THE CITY COUNCIL TO CONSIDER SOME SORT OF A REGULATION OVER ELECTRONIC VAPING DEVICES AND OR, UM, FLAVORED VAPING PRODUCT.
UH, THE AGENDA ITEM ALSO INCLUDES A CORRECTION FROM THE MEETING.
AS YOU RECALL, THERE WERE SOME DISCUSSION ABOUT WHETHER THEY'RE, UM, THE FEDERAL GOVERNMENT REGULATES THE VAPING INDUSTRY OR E-CIGARETTES AND WHILE THEY HAVE THE AUTHORITY TO REGULATE, THEY CURRENTLY DO NOT HAVE A REGULATORY SCHEME IN PLACE THAT'S ABOUT TO GO INTO EFFECT IN SPRING OF 2020.
AT THAT TIME IT WOULD BE APPROPRIATE TO SAY THAT THERE IS REGULATION, BUT RIGHT NOW THERE IS REALLY NO HEAVY REGULATION AS WE SEE OTHER INDUSTRIES BEING REGULATED.
SO I WANTED TO COME BACK AND UPDATE THE COUNCIL ON SOME OF THE NEW INFORMATION THAT STAFF'S BEEN PROVIDED, UH, FROM THE CDC.
SO, UH, THE AGENDA REPORT INCLUDES INFORMATION FROM THE PREVIOUS WEEK AND THE CDC UPDATES ITS WEBSITE EVERY THURSDAY.
SO THE AGENDA REPORT WAS ACTUALLY PUBLISHED OR HOW TO GO FOR PUBLISHING BEFORE WE HAD THE LATEST INFORMATION.
SO THIS IS SOME NEW INFORMATION, A LITTLE OVER 2000 CASES OF LUNG INJURIES IN 39 DEATHS RELATING TO E-CIGARETTES OR VAPING PRODUCTS.
THAT'S THE, THE LATEST FIGURE.
UM, UH, THE, THE LATEST HAS BEEN THERE IS NEW INFORMATION THAT THERE IS A VITAMIN E ACETATE IN 100% OF THE SAMPLES THAT HAVE BEEN FOUND IN
[00:40:01]
UM, CASES THAT THE CDC HAS BEEN STUDYING AND ALSO, AND THERE'S 82% OF THE CASES OF ILLNESS OR DEATH, THERE HAS BEEN THC FOUND IN THOSE.AND SO THAT'S A BIT OF CONCERN, UH, TO STAFF.
UM, IF WE GO TO THE NEXT SLIDE, UH, THIS IS THE WEBSITE THAT THE CDC PUBLISHES AND UH, IT'S VERY HELPFUL TO STAFF.
THERE IS A, UM, A SECTION CALLED FOR THE PUBLIC.
WHAT YOU NEED TO KNOW AND THIS IS UPDATED REGULARLY AND THIS IS WHERE STAFF DERIVED MOST OF ITS INFORMATION FROM.
IF WE GO TO THE NEXT SLIDE, ONE OF THE THINGS THAT, UH, IS PART IS PART OF THIS PORTION OF THE WEBSITE IS A LIST OF RECOMMENDATIONS AND THERE'S A COUPLE OF RECOMMENDATIONS THAT WE WANTED TO POINT OUT.
ONE IS THAT UH, ITEMS VAPING PRODUCT THAT HAS THC IS RECOMMENDED THAT PEOPLE, THE PUBLIC NOT USE THOSE PRODUCTS.
UM, THE CDC RECOMMENDS THAT PRODUCTS THAT ARE OFF THE STREET OR THAT HAVE BEEN MODIFIED OR ARE PURCHASE OF THE BLACK MARKET, UH, NOT BE UTILIZED.
AND BECAUSE IT'S STILL RELATIVELY UNKNOWN OF ALL THE POTENTIAL FACTORS THAT HAVE GONE INTO THE ILLNESSES DESPITE THE RECENT REVELATION ABOUT VITAMIN E ACETATE, THE CDC SAYS TO BE SAFE, YOU SHOULD CONSIDER REFRAINING FROM THE USE OF VAPING OR E-CIGARETTES.
UM, ONE OF THE THINGS IF WE GO TO THE NEXT SLIDE, ONE OF THE THINGS THAT WE'VE, UH, BEEN DOING IS DISCUSSING WITH OUR LOCAL SCHOOL DISTRICTS.
AND ONE OF THE THINGS THAT THEY'VE HAD HAVE EXPRESSED CONCERN IS A LOT OF THE DEVICES THAT OUR STUDENTS, OUR YOUTH ARE USING TO DISGUISE VAPING DEVICES AS THINGS THAT, THAT YOU OR I MAY HAVE AS OUR NORMAL BUSINESS EQUIPMENT OR IN THEIR CASE SCHOOL EQUIPMENT.
THIS IS A, A JEWEL, UH, VAPING DEVICE THAT IS HIDDEN IN A, IN A, UM, SLEEVE THAT MAKES IT LOOK LIKE IT'S A USB PORT.
THE NEXT SLIDE THEN THE CHALLENGE IS THAT THERE ARE NEW DEVICES COMING ABOUT ALL THE TIME IN THE, THE GROSSMONT UNION HIGH SCHOOL DISTRICT INFORMED US OF TWO DIFFERENT PRODUCTS THAT THEY'RE SEEING EXPLODING IN THE SCHOOLS.
ONE IS A HOODIE THAT HAS, UM, UH, DRAW STRINGS THAT ARE ACTUALLY TUBES THAT YOU CAN USE FOR VAPING.
GO TO THE NEXT SLIDE AND ALSO A WATCH THAT LOOKS LIKE AN APPLE WATCH THAT ACTUALLY COMES OFF AND YOU CAN VAPE OUT OF THAT WATCH.
UM, THERE'S A, A RECENT, UM, UH, A PHONE COVER FOR AN IPHONE THAT LOOKS LIKE A, IT IS A PHONE COVER CASE, BUT IT CAN BE USED AS A VAPING DEVICE.
AND NEXT SLIDE AND KEY FOBS THAT ALSO ARE A FOG OR A DOES DEVICE THAT LOOKS LIKE A KEY FOB.
THE CHALLENGE THAT THAT WE ARE DISCOVERING NEXT SLIDE IS THAT THERE'S NEW PRODUCTS COMING UP ALL THE TIME AND WE DON'T KNOW WHAT THAT NEXT NEW PRODUCT IS GOING TO BE.
I HAD A CHANCE TO VISIT SOME, SOME VAPING STORES RECENTLY AND UM, I DID NOT SEE ANY OF THESE DEVICES AT THOSE STORES.
I THINK A LOT OF THESE ARE ACTUALLY BEING PURCHASED ONLINE OR THROUGH THE BLACK MARKET.
AND SO, UM, I THOUGHT THAT THE COUNCIL SHOULD BE AWARE OF THAT.
SO THAT STAFF'S REPORT AT THIS TIME.
UM, WE'RE HERE TO TAKE ANY FEEDBACK, ANY DIRECTION FROM THE COUNCIL, UM, AT THIS TIME.
STAFF WOULD, UH, RECOMMEND THAT, UM, THAT NO ADDITIONAL ACTION BE TAKEN FROM, FROM THIS REPORT.
COUNSEL, ANY COMMENTS OR QUESTIONS? BOB? YEAH, I WAS READING THE PAPER THIS MORNING, I BELIEVE.
AND IT SAID THAT THERE WAS A, UH, DUAL LOG TRANSPORT, UH, TRANSPLANT BECAUSE OF APING AND, UH, SOMEBODY HAD BEEN VAPING AND THEY HAD HAVE A DUAL LUNG TRANSPLANT.
SO, UH, IT'S A VERY DANGEROUS THING TO UM, SOMETHING NEW.
AND UH, I GUESS WHEN CIGARETTES WERE FIRST INVENTED AND TOBACCO WAS FIRST BEING USED, I GUESS, UH, THEY HAD PROBLEMS. THEY JUST DIDN'T TALK ABOUT IT THEN BECAUSE PEOPLE DIED A LOT EARLIER ANYWAY.
AND THEY DIDN'T MENTION THAT THEY DIED FROM TAG TOBACCO OR SMOKING.
I'VE DONE A LITTLE STUDY ON THIS.
JUST THE PEOPLE THAT ARE SICK OR DYING ARE THE PEOPLE THAT ARE VAPING, A NON REGULATED PRODUCT, THAT BLACK MARKET THAT PUTS THC AND VITAMIN C ACID, VITAMIN E ACETATE.
SO THE VITAMIN E GETS LIQUIFIED AND THEN WHEN IT GETS INTO THE LUNGS IT SOLIDIFIES LIKE BACON GREASE.
AND THAT'S WHAT'S CAUSING THE PEOPLE WHO ARE, SO THESE ARE ALL ILLEGAL PRODUCTS.
GARY, YOU MENTIONED, YOU MENTIONED NON-REGULATED.
I THOUGHT THEY AREN'T REGULATED AT ALL.
[00:45:01]
MY UNDERSTANDING THAT THE FEDERAL GOVERNMENT HAS REGULATORY AUTHORITY, BUT THE, THE SCHEMES OR THE PLANS OF HOW THEY'RE GOING TO REGULATE HAVE NOT YET BEEN FINALIZED.SO THE FEDERAL GOVERNMENT'S WORKING ON THAT.
ONCE THAT'S DONE, THERE WILL BE REGULATION.
I MEAN, YOU'LL NEVER SEE FDA APPROVED LIKE YOU DO ON, ON MEAT.
BUT THERE WILL BE INSPECTION REGULATION AND SOME STANDARDS THAT THESE COMPANIES WILL HAVE TO GO THROUGH.
BUT YOU'RE EXACTLY RIGHT, MR KENDRICK AT THIS POINT, THERE IS NO GOVERNMENT REGULATION.
WHAT CONCERNS ME THE MOST IS THE NUMBER OF KIDS.
IT WAS ABOUT 27% OF HIGH SCHOOL STUDENTS ARE NOW VAPING.
UH, AS FAR AS TOBACCO GOES, ABOUT 11% OF THE POPULATION USES, UH, TOBACCO IN CALIFORNIA.
AND, UH, WE'VE GOT A GROUP OF KIDS WHERE WE HAD 20 PAST 7%.
YOU KNOW, VAPING, THEY'RE GETTING HOOKED ON A NICOTINE AT AN EARLY AGE AND THEY'RE PROBABLY BE SLAVES TO THAT FOR THE REST OF THEIR LIVES.
SO WE'RE GOING TO HAVE A, A HUGE PART OF THE POPULATION AS THEY BECOME ADULTS, THEY'RE GOING TO BE EARLY ADDICTED TO NICOTINE.
AND, AND THE CDC TELLS US THAT 50% OF SMOKERS WILL DIE AS A
SO WHAT I'M TRYING TO DO HERE IS STOP THE KIDS FROM USING THIS PRODUCT.
AND I THINK MAYBE THE BIGGEST BANG FOR THE BUCK THAT WE CAN GET RIGHT NOW F HAVE SOME SORT OF ORDINANCE WHERE WE COULD A BAN THE SALE OF LET'S SAY THE APPLE FAKE APPLE WATCHES THAT ARE VAPING DEVICES AND THE VAPING DEVICES THAT LOOK LIKE USBS BECAUSE THE ONLY REASON YOU'D HAVE SOMETHING LIKE THAT IS TO TRICK THE PARENTS AND TO TRICK THE, UH, THE TEACHERS.
AND WE'VE GOT TWO SCHOOL DISTRICTS.
ONE IS THE ELEMENTARY SCHOOL DISTRICT SAYING THIS IS A REAL PROBLEM.
THESE ARE, YOU KNOW, ELEMENTARY SCHOOL DISTRICT IS, UH, IS KINDERGARTEN THROUGH EIGHTH GRADE.
WHAT ARE WE DOING? HAVING EIGHTH GRADERS GETTING HOOKED ON NICOTINE, YOU KNOW, IF THEY'RE OVER 21, THAT'S THEIR BUSINESS, BUT THEY DON'T HAVE THE CAPACITY TO MAKE AN INFORMED DECISION WHEN THEY'RE 12 YEARS OLD.
SO, UH, MY, MY QUESTION TO THE CITY ATTORNEY IS, WOULD WE BE ABLE TO CRAFT SOME SORT OF ORDINANCE THAT IDENTIFIES THESE DEVICES THAT DON'T LOOK LIKE
THE PURPOSE IS TO OVER, YOU KNOW, OVERCOME, UH, THE SCRUTINY THAT THE PARENT OR THE TEACHERS MAY HAVE ON THAT CHILD AND GET THEM ADDICTED.
AND THESE PEOPLE ARE PROFITING FROM THE SUFFERING OF OUR CHILDREN.
I THINK THAT WE AS A COUNCIL HAVE A DUTY TO PROTECT THE CITIZENS AND THE CITIZENS THAT NEED THE MOST PROTECTION ARE THE CHILDREN.
AN ADULT NEEDS TO BUY SOMETHING THAT LOOKS LIKE A USB DEVICE.
WELL, DID HE ANSWER YOUR QUESTION THERE? THERE MAY BE A WAY TO POSSIBLY, IT'S POSSIBLE THAT WE COULD TRACK CRAFT SOMETHING.
AND BY THE WAY OF ORDINANCE, IF THAT'S A COUNCIL'S DESIRE, WE'D HAVE TO LOOK VERY CAREFULLY HOW WE CRAFT IT.
IT'S CLEAR TO THE, TO THE, UM, VENDORS OF WHAT THEY CAN OR CANNOT SELL FROM THEIR STORES.
UM, BUT WE CERTAINLY, IF THAT'S THE COUNCIL'S DESIRE, WE'LL TAKE A LOOK AT THAT AND SEE IF WE SEE IF WE CAN PUT SOMETHING TOGETHER.
THE OTHER ISSUE HERE IS THAT THE COUNTY IS NOW ON THE VERGE OF PASSING AN ORDINANCE THAT WOULD BAN ALL VAPING DEVICES AND BAN ALL, UH, FLAVOR, VAPING, UH, PODS THAT THE CHILDREN TEND TO USE.
AND UH, I'M CONCERNED THAT WE WILL BE AN ISLAND WITHIN THE COUNTY WHERE ALL THE KIDS FROM THE UNINCORPORATED AREA COME TO GET THEIR VAPING DEVICES.
BUT I, AGAIN, I THINK WHAT'S IMPORTANT TO ME, MAYBE WE CAN HAVE A COMPROMISE HERE THAT WE BAN THE STUFF THAT'S ABUSED MOST BY THE KIDS AND ADULTS REALLY DON'T NEED TO HAVE THEM IF THEY WANT TO USE A VAPING DEVICE THAT'S A USB.
AND ANYTHING THAT THAT LOOKS LIKE SOMETHING THAT'S NOT, AND IT CAN BE USED, UH, FOR YOUR, UH, E-CIGARETTE SMOKING.
HEY,
[00:50:01]
MR MAYOR.WE DO HAVE 14 SPEAKERS ON THIS ITEM, JUST SO YOU KNOW, SO AT SOME POINT YOU PROBABLY WANT TO ADDRESS THEM.
UM, EVERYBODY COMFORTABLE WITH OUR, WE DO THE BOB
I WAS GOING TO SAY, UH, MAYBE WE OUT OF BAND THE THINGS THAT AREN'T NORMAL VAPING DEVICES, UM, YOU KNOW, JUST LIKE A VAPING THING AND ALL OF THE OTHER, UH, THINGS THAT THEY WERE MENTIONED OR ANY THAT NEW ONES THAT WOULD COME ON, THEY WOULD BE BANNED IN THE CITY OF ALCOHOL.
FROM THE PUBLIC, I WOULD LIKE TO HEAR THE PUBLIC'S, UH, POSITION ON THAT COMPROMISE.
LET'S GO AHEAD AND HEAR FROM THE PUBLIC ON THIS ONE.
THE FIRST SPEAKER IS MOLLY SYLVESTER.
HOW ARE YOU? UM, CAN I ASK YOU A QUESTION REALLY QUICK? UM, MAYOR, WE WOULD LIKE TO ADDRESS AGENDA ITEMS 15 AND 16.
WOULD YOU LIKE US TO DO THAT TOGETHER OR SEPARATELY? WE REALLY
SO IT'S JUST FOR OUR
UH, I'M THE OWNER OF VAPE IN THE SIX ONE NINE.
OVER THE LAST FEW YEARS I'VE HAD THE PRIVILEGE OF WORKING WITH SEVERAL BRANCHES OF GOVERNMENT SUCH AS THIS COUNCIL TO ASSIST IN ENACTING REASONABLE LEGISLATION AND REGULATIONS FOR THE VAPE INDUSTRY.
THROUGH THESE ADVOCACY EFFORTS AND NETWORK OF MY PEERS, ALONG WITH CONSUMERS HAD GIVEN BIRTH TO THE CREATION OF COMMUNITIES FOR SAFER VAPING, WHICH IS A CHAPTER OF THE NEIGHBORHOOD MARKETING ASSOCIATION.
I'M PROUD TO BE STANDING HERE AS A CHAIRWOMAN AND SPOKESWOMAN FOR CSV.
OUR MISSION TOO IS TO WORK TO EDUCATE, STRENGTHEN, AND ADVOCATE FOR THE COMMUNITIES THAT WE SERVE.
OUR VISION IS TO ACCELERATE THE TRANSITION OF THE WORLD FROM TRADITIONAL TOBACCO TO HARM, REDUCING ALTERNATIVES TO ACHIEVE THESE OBJECTIVES.
A CONTRACT TO WHICH ALL OUR MEMBERS WILL ABIDE A CONTRACT TO OUR COMMUNITY IS THAT OUR MEMBERS OF THE CSV, A CHAPTER OF THE NEIGHBORHOOD MARKETING ASSOCIATION ARE COMMITTED TO ESTABLISHING AND MAINTAINING ETHICAL, TRANSPARENT AND EFFECTIVE PRACTICES, WHICH ARE YOUTH PREVENTION, CONSUMER SAFETY AND EDUCATION, PRODUCT SAFETY STANDARDS, STANDARDS FOR BETTER BUSINESS PRACTICES AND PROVIDING DATA AND SCIENCE.
OUR FIRST CAMPAIGN CAMPAIGN IS UNDER 21 QUESTION MARK.
UH, FOLLOWED UNDERNEATH BY RESPECT, WHICH IS RETAILERS PLEDGE EFFECTIVE CONTROL OF TOBACCO AND VAPE.
I WANT TO PERSONALLY THANK GRAHAM MITCHELL FOR REACHING OUT, VISITING VAPE IN THE SIX ONE NINE AND USING IT AS A RESOURCE TO FURTHER INVESTIGATE AND EDUCATE HIMSELF ON THE ISSUES AT HAND.
ADDITIONALLY, I WOULD LIKE TO EXTEND OUR GRATITUDE TO COUNCILMAN GOEBEL, COUNCILMAN ORTIZ AND MAYOR WELLS FOR TAKING THEIR TIME TO MEET WITH US PERSONALLY.
WE LOOK FORWARD TO A CONTINUED CONTINUED COLLABORATIVE EFFORTS BETWEEN THE OF EL CAHONE AND CSV TO PROTECT OUR YOUTH AND STRENGTHEN OUR COMMUNITY.
AND IF I MAY SPEAK TO THE COMPROMISE, UM, I AM ALL IN FAVOR.
UH, THE, THE HOODIES FROM WHAT I UNDERSTAND, I DID SOME RESEARCH CAUSE I HAD NEVER SEEN IT BEFORE.
I GUESS THE CANNABIS INDUSTRY IS THE ONES THAT ACTUALLY KIND OF CREATED THAT AND THEY'RE AVAILABLE ONLINE.
UM, I'VE NEVER SEEN THEM IN A VAPE STORE, NOR HAVE I EVER CARRIED THEM.
I DON'T CARRY JEWELS WHICH ARE THE U S B TYPE PRODUCTS.
UM, SO AND I BELIEVE IT WOULD BE A VERY CHALLENGING, UM, UH, COMPROMISE TO MAKE IT CLEAR TO US, WHICH WE CAN, WHAT WE CAN CARRY, WHAT WE CAN'T.
BUT I'M, I'M AVAILABLE AS A RESOURCE IN THAT AREA.
UM, AND I'M HERE TO HELP IN ANY WAY THAT I CAN.
KEEPING IT OUT OF THE HANDS OF YOUTH IS, UM, OUR NUMBER ONE PRIORITY AS WELL AS LETTING PEOPLE KNOW WHERE THE ILLNESS IS COMING FROM, WHICH IS THE ILLICIT THC PRODUCTS.
UH, MY QUESTION FOR YOU IS, WOULD YOU BE IN FAVOR OF AN ORDINANCE THAT BANNED THE USB LOOKING DEVICES OF ALL KINDS? CAUSE I, I SEE THEM FOR 99 CENTS AT THE SEVEN 11 BY MY HOUSE.
UM, I HAD NO IDEA THEY WERE THAT CHEAP.
UM, I WOULD BE, I DON'T KNOW ANY OTHER DEVICE THAT LOOKS, THERE'S, I MAYBE KNOW TWO OR THREE DIFFERENT TYPES OF DEVICES THAT LOOKS SIMILAR TO A JEWEL THAT LOOKED LIKE A USB.
[00:55:01]
SO YES, I WOULD BE IN FAVOR OF THAT.YOU, SO YOU WOULD BE IN FAVOR OF THE COMPROMISE AS I SAID.
YOU, ANYONE ELSE? WOULD YOU BE INTERESTED IN ELIMINATING NICOTINE FROM VAPING? NO.
OH, JUST HOOKS HIM ON THE THING.
YOU CAN GET VAPE JUICE AND ZERO NICOTINE, BUT PRODUCTS SUCH AS JEWEL DO NOT OFFER THAT OPTION.
WELL, DO YOU SELL THAT OPTION WITHIN NICOTINE? YES, I, I SELL THE E-LIQUID THAT I CARRY HAS THE OPTION TO TRY CHAI DOWN TO ZERO NICOTINE AND OFFER THE, UM, CONSUMER AN OPPORTUNITY TO GET OFF APN ALTOGETHER.
BUT JEWEL OFFERS 50 NICOTINE AND OCCASIONALLY YOU CAN FIND A 30 NECK.
AND IN OUR PRODUCTS, OUR MOST COMMON NICOTINE LEVEL THAT WE SELL IS THREE 53, BUT THERE'S A REASON THAT THEY OFFER NICOTINE.
THERE IS, IT'S UM, A VERY HIGH CONCENTRATION.
UM, THAT'S SIMILAR TO SOMEONE WHO IS A HEAVY SMOKER.
SO, UM, IT ALLOWS THEM TO SIMULATE A CIGARETTE MORE SO THAN SOME OF THE OTHER VAPE PRODUCTS THAT ARE AVAILABLE.
AND THE PROBLEM WITH THE YOUTH IS THAT, UM, LIKE WHEN WE WERE KIDS AND WE'D HOP OFF THE HOTBOX A CIGARETTE AND GET THE LIGHT HEADED IN BUSINESS FROM IT, THAT HAPPENS WITH THE, UM, THE JEWELS WHEN THEY HIT IT BACK TO BACK TO BACK, YOU GET A REAL LIGHTHEADEDNESS, UM, FROM THAT.
AND IT'S NOT DESIGNED TO BE VAPED THAT WAY.
IT'S DESIGNED TO TAKE A COUPLE OF HITS, PUT IT DOWN, GO ABOUT YOUR DAY AND COME BACK TO IT.
YOU'RE ABSOLUTELY CORRECT IF IT'S USED PROPERLY OR I'M HELIO'S THAT PURPOSE IS TO HELP PEOPLE FIND AN ALTERNATIVE TO CIGARETTES THAT DON'T HAVE THE SAME CARSON CARCINOGENS THAT CIGARETTES HAVE.
IT DOESN'T HAVE ALL THE BIOMARKERS THAT YOU CAN FIND.
IT'S WANT TO MAKE IT CLEAR THAT THE CDC DOESN'T APPROVE A, DOESN'T ACCEPT E-CIGARETTES AS A SMOKING CESSATION DEVICE.
AND I DON'T THINK IT'S FAIR TO SAY THAT THERE ARE NO CARCINOGENS AND AN E-CIGARETTES THAT, UH, THAT'S ON, YOU KNOW, THAT'S UNKNOWN.
UH, THAT'S, THERE'S A STUDY BY, UM, PROFESSOR DAVID ABRAMS WHO IS A PROFESSOR.
I'M A PROFESSOR AT NYU THAT IS, UM, TEACHES PUBLIC HEALTH.
I WOULD LOVE TO SHARE THAT VIDEO WITH YOU.
IT'S A SEVEN MINUTE VIDEO AND HE DOES TALK ABOUT THAT AND ADDRESS IT DIRECTLY AND THERE ARE, UM, STUDIES ON THAT AND UM, I WOULD BE GLAD TO EMAIL THAT TO YOU IF YOU WOULD LIKE TO SEE THAT.
SO, ALL RIGHT, WELL WE'VE GOT QUITE A FEW PEOPLE TO GET THROUGH.
SO LET'S, UH, LET'S MOVE TO THE THANK YOU.
I'M SUPPOSED TO SAY THE NAMES I'M TURNING IN, UM, STATEMENTS FROM TWO OF THE MEMBERS THAT WEREN'T ABLE TO BE HERE.
GOOD AFTERNOON MAYOR AND COUNCIL MEMBERS.
I AM THE CO-CHAIRMAN OF COMMUNITIES FOR SAFER VAPING.
I FIRST LIKE TO THANK THE CITY MANAGER, UM, TO FOR CLARIFYING THE RECENT HEALTH CLARIFYING THAT THE RECENT HEALTH SCARE WAS DUE TO VITAMIN E ACETATE AND THAT WAS FOUND IN THE CARTRIDGES AND NO PRODUCT SOLD IN THE RETAIL STORES.
I HAVE ANYTHING THAT INCLUDE A VITAMIN D ACETATE.
SO JUST TO BE CLEAR, I UNDERSTAND THAT THE SCHOOL DISTRICTS WANT TO BAN CELL, UH, VAPES, UH, AND ALCOHOL.
I TRULY BELIEVE THEIR POSITION IS VALID, BUT BANNING VAPE AND RETAIL IS NOT THE SOLUTION.
WE ARE ALREADY SEEING OTHER CITIES DO IT AND STATES AND MOVING FORWARD WITH BANDS, BUT IT'S EVIDENCE THAT THE RESULT IS NOT GOOD.
I SEE AN INCREASE IN CIGARETTE SELLS.
YOU SEE LAWSUITS TO LOCAL GOVERNMENTS AND A POTENTIAL TO IGNITE ONLINE SALES AND INCREASE IN DEMAND FOR BLACK MARKET PRODUCTS.
AND WE HAVE YET TO SEE ANY STATISTICS THAT A BAN HAS SHOWN A DECREASE IN YOUTH VAPING.
UH, WE KNOW THAT, BUT WE CAN WORK TOGETHER TO MAKE IT BETTER.
WE SHOULD MAKE RETAILERS PART OF THE SOLUTION.
UH, MANY OF US GOT INTO THE VAPE INDUSTRY BECAUSE WE WITNESSED THIS POWER AND TURNING PEOPLE AWAY FROM CIGARETTES WE WERE IN ARE STILL THRILLED ABOUT BEING IN A BUSINESS THAT WE FEEL HELPS PEOPLE.
UH, SOMEHOW WE WENT FROM BEING PROUD BUSINESS OWNERS TO BECOMING VILLAINS AND EYES OF PUBLIC OFFICIALS, SCHOOLS
[01:00:01]
AND GENERAL PUBLIC.UH, IT'S BEEN EXTREMELY CONFUSING, EMBARRASSING AND HEARTBREAKING.
OUR COMMUNITY HAS BEEN MISINFORMED AS TO THE TRUE CULPRIT OF THE RECENT HEALTH SCARE.
AND I, INDUSTRY HAS ALREADY PAID A TREMENDOUS PRICE.
UH, CSV IS A GROUP OF VAPE EXPERTS, BUSINESS OWNERS AND ADVOCATES.
I BELIEVE THAT WE ARE A NEEDED WEAPON AGAINST TRADITIONAL TOBACCO.
IT IS OUR GOAL, UH, TO TRANSITION THE WORLD FROM TRADITIONAL TOBACCO.
UH, I INVITE THE COUNCIL TO SEE, ARGUE, TO USE OUR ORGANIZATION AS A RESOURCE TO THE CITY AND SERVING THE COMMUNITY WHERE ARE WILLING AND EXCITED TO HELP.
I WOULD DO ANYTHING TO HELP MY COMMUNITY.
UM, I REALLY WOULD, A MAN WILL DO A LOT OF DAMAGE IN OUR CITY OR ENCOURAGE YOU TO NOT LEAD THE COMMUNITY TOWARDS CIGARETTES, BUT ALLOW OUR COMMUNITY TO BE SAFE AND HEALTHY THROUGH RESPONSIBLE AND REASONABLE LEGISLATION.
UM, UH, TO ADDRESS, UH, THE, THE, THE HOODIES AND THE THINGS THAT CONCEAL, UM, UH, IT'S, IT IS TRUE.
THE, THE THC, UM, YOU KNOW, COMPANIES AND BRANDS, THEY, THEY, THEY, THEY, THEY USE ITEMS LIKE THAT THAT CAN SEAL.
THAT WAS THE FIRST THING THAT THEY CAME OUT WITH YEARS AGO, WHICH IS ANY WAY TO CONCEAL MARIJUANA PRODUCTS SO THAT THEY CAN GO INTO BARS OR THEY CAN GO INTO CLUBS OR THEY CAN GO INTO, UM, PLACES, YOU KNOW, THAT, THAT, THAT WOULDN'T WANT TAC PRODUCTS IN THERE AND THEY CAN ABLE TO CONCEAL IT.
AND, UM, THC AND EAST, THE E-CIGARETTE CATEGORY ARE, ARE SIMILAR BECAUSE THEY ARE VAPING PRODUCTS.
AND SO AS A, AS A RESULT, KIDS HAVE USED THOSE PRODUCTS TO CONCEAL AT SCHOOLS.
UM, I, I DO RECOGNIZE IT AS A PROBLEM.
UM, I WOULD AGREE THAT, THAT WE CAN BAN SOMETHING OR ANYTHING THAT CONCEALS ELECTRONIC CIGARETTES, BUT TO, YOU KNOW, I, I AGREE WITH BILL WELLS.
IF YOU'RE TRYING TO BAN A PARTICULAR PRODUCT, LET'S SAY THAT LOOKS HAPPENS TO LOOK LIKE A USB.
THE PROBLEM IS THOSE PRODUCTS ARE, ARE, ARE HIGH IN, CONCENTRATE IN, IN, IN, IN, UH, IN, UH, NICOTINE.
BUT THOSE PRODUCTS ARE HIGH BECAUSE THEY NEED, THEY ARE NEEDED REALLY HEAVY SMOKERS.
THE ONES THAT ARE REALLY, YOU KNOW, IF YOU'RE SMOKING A COUPLE OF CIGARETTES A DAY IS ONE THING, BUT AFTER TWO OR THREE PACKS, OH, SORRY, I WAS JUST TRYING TO ADDRESS THOSE, THAT CONCERN.
UM, THOSE, YOU KNOW, THOSE HIGH NICOTINE PRODUCTS ARE NEEDED FOR THOSE HEAVY SMOKERS.
SO THEY, THAT'S WHY THEY HAVE A PLACE IN THE MARKET, UM, TODAY.
BUT, UM, UH, COMMUNITIES OF SELF, UH, OF SAFER VAPING IS HERE TO HELP AND MAYBE KEEPING OUR MEMBERS OR RETAILERS AWAY FROM CARRYING ANYTHING THAT CAN SEALS.
SO THEN WOULD YOU AGREE ON BANNING THE DEVICES, THE KIDS ABUSE, BUT THE MOST, WHICH ARE THE, THE USB LOOKING DEVICES? I'D LIKE TO COME, LIKE I SAID, DESCRIBED.
IF, IF YOU WERE TO BAN THOSE PARTICULAR PRODUCTS THAT ARE HIGH, SO THESE ARE SMALL PRODUCTS THAT ARE HIGH IN NICOTINE, RIGHT? WHAT HAPPENS IS YOU GOT REAL SMOKERS ARE GOING TO PAY THE PRICE.
THEY, THEY GO TO THOSE THINGS BECAUSE THEY NEED THOSE.
THEY NEED THAT HIGH NICOTINE TO TRANSITION AND THEY HAPPEN TO BE SMALL BECAUSE HIGH NICOTINE PRODUCTS NEEDS A SMALL BATTERY AND THOSE SMALL BATTERIES HAPPEN TO BE SMALL.
THEY, THEY, THEY, THEY, YOU KNOW, THEY'RE CONCEALABLE, THEY DON'T LOOK LIKE THE REGULAR ONES THAT, YOU KNOW, THEY HAVE TO BE LOOKED LIKE A USB TO GET HIGH NICOTINE.
NO, IT'S NOT THAT THEY, THEY, THEY, THEY HAVE TO LOOK LIKE SO, SO ALL THOSE BRANDS THAT LOOK LIKE AN A CIGARETTE, THOSE EARLY YEARS WHEN VAPE CAME OUT, ALL BRANDS LOOK LIKE A CIGARETTE.
RIGHT? THEY JUST HAPPEN TO BE ELECTRONIC.
NO COMPANIES SELL THOSE PRODUCTS.
THE VAPORS IN GENERAL DON'T WANT TO LOOK LIKE THEY'RE SELLING THEIR, THAT THEY'RE USING A CIGARETTE.
RIGHT? IF YOU'RE VAPING A PRODUCT AND YOU LIKE TO VAPE, YOU DON'T WANT TO LOOK LIKE AROUND THAT, THAT YOU'RE SMOKING A CIGARETTE.
SO THEREFORE COMPANIES TRANSITIONED AWAY FROM THAT TO MORE MODERN LOOKING PRODUCTS AND AND THEREFORE THEY DON'T LOOK LIKE CIGARETTES.
IF THERE'S PRODUCTS THAT THAT ARE INTENDED TO CONCEAL, TOTALLY AGREE THAT, THAT WE WOULD DO AWAY WITH THOSE PRODUCTS, BUT YOU KNOW, YOU DON'T THINK THE USB IS INTENDED TO CONCEAL IF A PRODUCT IS PLACED INSIDE OF SOMETHING THAT WILL MAKE IT LOOK LIKE A USB, YOU KNOW, I AGREE WITH YOU THERE, BUT IF YOU'RE TALKING IN PARTICULAR A JEWEL THAT HAPPENS TO LOOK LIKE A USB, IF YOU WANT TO MAYBE HAVE THE COMPANIES CHANGE YOUR DESIGN TO MAKE IT NOT LOOK LIKE IT USED TO BE, BUT THAT PICTURE THAT HE'S SHOWN UP THERE WAS A JEWEL DEVICE OR SOMETHING LIKE THAT THAT WAS, THAT WAS INSERTED INTO SOMETHING THAT LOOKS LIKE A USB PRODUCT, RIGHT?
[01:05:01]
A GRAM.YOU AGREE WITH THAT? THAT'S CORRECT.
IF WE COULD GO, I DON'T KNOW IF YOU CAN GO BACK STAFF, BUT THERE'S A JEWEL DEVICE WHICH YOU'LL SEE IS A LONGER THINNER DEVICE AND THEN THERE'S THIS SLEEVE THAT I WAS IN THAT'S, THAT'S DISGUISING ELEMENT, NOT THE JEWEL ITSELF, BUT IT'S THE SLEEVE THAT IT'S IN THAT LOOKS DISGUISING.
ALTHOUGH A JEWEL LOOKS LIKE A USB WITH EVEN WITHOUT THE SLEEVE TOO.
THERE THEY HAPPEN TO BE SMALL WITH SMALL BATTERIES.
WHAT KIND OF STORE DO YOU HAVE? IS IT LIQUOR STORE OR MARKET OR WHAT? WELL, WE HAVE, MY FAMILY OWNS MULTIPLE UH, BUSINESSES.
UH, WE, WE ARE IN WHOLESALE AND RETAIL.
I'M THE OWNER OF VAPOR INVASION AND I PROUDLY REPRESENT THE COMMUNITIES FOR SAFER VAPING AS THEIR VICE CHAIR CSV AS A CHAPTER OF THE NEIGHBORHOOD MARKET ASSOCIATION.
AND TODAY I'M HERE TO SPEAK ON BEHALF OF THE EXECUTIVE BOARD AND THE PRESIDENT OF NMA.
IT IS IMPERATIVE TO MAKE LAWS BASED ON FACT AND SOLUTION ORIENTED.
THE APPLICATION OF THESE LAWS NEEDS TO SHOW A POSITIVE IMPACT AND PROVIDE A SOLUTION TO THE ISSUE THAT IS BASED UPON THE MEASURE THAT MR COUNCILMAN KENDRICK WANTS THIS COUNSELOR TO TAKE WILL NOT BE EFFECTIVE IN ADDRESSING YOUTH ACCESS.
INSTEAD IT WILL LEAD THE COMMUNITY INCLUDING YOUTH AT THE RISK, AT RISK OF ACQUIRING PRODUCTS THAT ARE NOT REGISTERED, THAT ARE COUNTERFEIT AND ILLEGITIMATE AND POTENTIALLY TAINTED WITH ILLEGAL SUBSTANCES.
THEY WILL GO ON TO PURCHASE THESE PRODUCTS WITHOUT NEEDING TO VERIFY THEIR AGE, ACQUIRE PRODUCTS THAT MAY BE COUNTERFEIT OR TAINTED, WHICH WILL EXPOSE THEM TO HEALTH RISKS.
WE WILL SEE THE SAME PUBLIC HEALTH CRISIS THAT WE ARE CURRENTLY SEEING IN THE ILLICIT BLACK MARKET, THC SALES OF CARTA, THC CARTRIDGES.
WE DON'T WANT OUR COMMUNITY TO BE EXPOSED TO THESE UNINTENDED CONSEQUENCES THAT A BAN ON VAPE PRODUCTS WOULD PROMOTE.
THE FRONT LINE OF YOUTH PREVENTION IS YOUR LAW ABIDING RETAILERS.
IN ADDITION, THE PRODUCTS RETAILERS PROVIDE CONSUMERS WITH THE HAVE COMPLIED WITH FDA REQUIREMENTS THUS FAR WHICH INCLUDE REGISTRATION OF ALL INGREDIENTS AND EAT LIQUIDS, REGULATION OF BOTTLES BY HAVING GENERAL GENERAL CERTIFICATES OF CONFORMITY AND LABEL REGULATIONS WHICH THE FDA REQUIRES THAT ALL MANUFACTURERS DO NOT UTILIZE ANY CHILD APPEALING LABELING AND REQUIRE NICOTINE WARNING LABELS ON THE NICOTINE WARNINGS ON THE LABELS.
WE STRONGLY ENCOURAGE YOU TO TAKE NO FURTHER ACTION ON THIS PROPOSED ORDINANCE COUNCIL MEMBER KENDRICK HAS PUT FORTH THIS ORDINANCE WILL HAVE AN IMPACT ON LOCAL NEGATIVE IMPACT ON LOCAL BUSINESSES AND WE'LL CREATE ADDITIONAL PUBLIC HEALTH ISSUES.
WE WANT OUR COMMUNITY TO BE TO SPEND THEIR MONEY HERE LOCALLY WITH PRODUCTS AND SERVICES THAT CAN BE TRUSTED.
IN REGARDS, IN REFERENCE TO MR KENDRICK'S A COMPROMISE, I DO UNDERSTAND YOUR POINT OF VIEW.
I DO AGREE THAT THERE IS AN ISSUE WITH CERTAIN DEVICES THAT CAN BE CONCEALED.
ON ONE HAND I WANT TO BE WITH YOU ON THE OTHER I I TEND TEND TO FIND IT VERY DIFFICULT BECAUSE THE LANGUAGE THAT'S GOING TO BE USED WILL BE VERY AMBIGUOUS.
I BELIEVE THAT THERE'S GOING TO BE A LOT OF UNSURE.
IS THIS LEGAL? IS THIS NOT LEGAL? THE EXAMPLE THAT MR. MITCHELL HAS SHOWN US WITH THE JEWEL THAT HAS THE SLEEVE, AS I WAS SEEING IT UP ON THE SCREEN, I MADE A COMMENT TO MY, UH, COLLEAGUE, I SAID, I GUARANTEE YOU THAT THAT SLEEVE PROBABLY WASN'T EVEN SOLD AT A VAPE SHOP OR A TOBACCO RETAIL SHOP.
IT PROBABLY WAS, YOU KNOW, SO HOW, HOW ARE WE GOING TO PREVENT, HOW ARE WE GOING TO BAN PRODUCTS THAT ARE NOT BEING SOLD AT VAPE STORES, BUT STILL CAN BE UTILIZED TO CONCEAL THINGS? UM, BUT THAT'S, THAT'S, I THINK THERE'S, THERE'S TALKING POINTS THAT WE COULD DISCUSS ON THIS ISSUE.
UH, BUT AT THIS POINT, I DON'T HAVE A YAY OR NAY FOR YOU ON THAT, MR KENDRICK.
SO YOU WOULD NOT BE IN FAVOR OF BANNING SOMETHING THAT LOOKS LIKE A USB DEVICE.
I BELIEVE IT ALL WOULD DEPEND ON THE LANGUAGE.
AND I WOULD, I WOULD, I WOULD WAIT TO GIVE MY, UH, MY ANSWER.
UH, I WILL TELL YOU THAT I'M 100% AGAINST YOUTH HAVING ACCESS TO ANY OF THESE PRODUCTS.
UH, AND THAT'S, THAT'S WHAT I HAVE TO SAY.
[01:10:01]
UNDERSTAND THE CONCERNS AND THAT'S ONE OF THE THINGS, ONE OF THE PROPOSALS I COULD TELL YOU IS THAT WITH COMMUNITIES FOR SAFER VAPING, THAT WE WOULD MAKE IT AN INITIATIVE OF OURS, THAT WE WOULD MAKE SURE THAT THE PUBLIC SCHOOL BOARDS, GOVERNMENT ENTITIES MAY HAVE PRIVY TO THESE SUCH DEVICES THAT MIGHT BE ON THE MARKET AND TO BE ON THE LOOKOUT FOR SUCH ITEMS. SO WOULD YOU, UH, BE IN FAVOR OF HAVING THE SAME THING AS WE DO FOR THE TOBACCO SHOPS TO HAVE STINGS EVERY YEAR AND UM, UH, TO SEE IF THEY'RE SELLING TO MINORS AND UH, IT LOOKS LIKE THEY ALL AGREE WITH THAT.THE NUMBER OF MCCLELLAN AS FAR AS THEM DOING SINGH OPERATIONS ON VAPE STORES, JUST AS JUST LIKE THEY DO WITH OTHER TOBACCO RETAILERS AND ALCOHOL TYPE BUSINESSES, WE'D HAVE TO COLLECT A FEE JUST LIKE WE DO FROM THE SMOKE SHOPS FOR THAT.
WE ALREADY INCLUDED IN THAT, YOU KNOW, AND IT'S CLEARLY NOT WORKING.
WE HAVEN'T HAD THE BEST OF LUCK OVER THE LAST 18 YEARS WITH THE NEIGHBORHOOD MARKET ASSOCIATION CONTROLLING THEIR MEMBERS, TRYING TO KEEP THEM SELLING ALCOHOL AND TOBACCO TO KIDS.
THAT'S, WE CAME, I WILL SAY THAT, UH, THE PRESIDENT IS, YOU KNOW, JUST RETURNED TO THIS ASSOCIATION AND THINGS.
WE WILL DEFINITELY BE BACK ON TRACK AND YOU HAVE MY WORD ON THAT.
THAT WOULD BE OUR CONSUMER, RIGHT? THAT IS CORRECT.
GOOD AFTERNOON MAYOR COUNCIL MEMBERS, STAFF AND CITIZENS OF
I'VE BEEN IN THE VAPE INDUSTRY FOR EIGHT YEARS AND I'VE BEEN VAPING MYSELF FOR NINE YEARS.
I'M A BOARD MEMBER OF COMMUNITIES FOR SAFER VAPING.
WE'RE DEALING HERE WITH TWO SEPARATE ISSUES.
THE FIRST BEING YOUTH ACCESS, I HEAR HAVING MY HANDS ABOUT 10 VAPES AND VAPE JUICES YOU CAN PURCHASE ONLINE WITHOUT ANY AGE VERIFICATION ON CRAIGSLIST, EBAY, AMAZON, SNAPCHAT AND DH GATE.
IT'S UNJUST TO BLAME THE SMALL BUSINESSES THAT DO THEIR DUE DILIGENCE, TO CHECK THE ID WHEN A CUSTOMER WALKS IN FOR EV, FOR EVERYTHING THAT'S GOING ON.
THE COMMUNITY'S FOR SAFER VAPING AND THEN IN MAY ARE READY TO IMPLEMENT A TRAINING FOR RETAILERS ON PROPER ID VERIFICATION.
WE WILL ALSO BAN ANY OUTDOOR SIGNAGE THAT PROMOTES VAPING, IMPLEMENT RETAIL SIGNAGE TO RAISE AWARENESS AND SEND DIRECT MAIL TO CITIZENS ON EDUCATION ON WHY YOU SHOULDN'T VAPE IF YOU DON'T SMOKE.
THE SECOND ISSUE IS THE ILLICIT THC CARTRIDGES.
THESE BLACK MARKET PRODUCTS ARE NOT BEING SOLD AT ANY VAPE SHOPS, BUT ONLINE AND IN THE STREETS.
THE REAL CULPRIT IN THE LUNG ILLNESS EPIDEMIC IS THESE CARTRIDGES THAT CONTAIN VITAMIN E ACETATE, COCONUT OIL, AND OTHER DANGEROUS CUTTING AGENTS.
THE CDC AND FDA RELEASED THIS INFORMATION ON NOVEMBER 8TH, 2019 AFTER MONTHS OF BLAMING VAPE SHOPS, THE REAL PROBLEM HAS BEEN FINALLY EXPOSED.
IT'S VERY ALARMING THAT NUDITY, NICOTINE LABS, RESEARCH FINDINGS BY JAKE RUBENSTEIN PRESENTED TO THE COUNCIL MONTHS AGO WAS IGNORED AND OVERLOOKED WHERE DILEK DIRECTLY PROVED THE SAME EVIDENCE.
THE CDC AND FDA RELEASED PROHIBITION FOR DECADES HAS PROVEN NOT TO WORK AND I UNDERSTAND BIG TOBACCO IS A HUGE DONATOR IN GOVERNMENT CAMPAIGNS, BUT I CAN'T SIT BACK AND ACCEPT SO MUCH INJUSTICE FROM LOCAL GOVERNMENTS WHO ARE SUPPOSED TO BE THE BIGGEST SMALL BUSINESS SUPPORTERS.
JUST LIKE WE HAVE PUT OUR TRUST IN YOU, THE LEADERS OF OUR COMMUNITY, WE ASK YOU TO LET US BE RESPONSIBLE BUSINESS OWNERS AND HERE ARE THESE.
I JUST PULLED FROM THE INTERNET TODAY.
I'M ON AMAZON WHERE YOU CAN BUY VAPES WITHOUT ANY AGE VERIFICATION WHATSOEVER.
HI, HELLO AND GOOD AFTERNOON MAYOR COUNCIL AND THE COMMUNITY.
MY NAME IS SHANNON COUSINS AND I AM A PROUD MEMBER OF COMMUNITIES FOR SAFER VAPING.
I'M AN ADVOCATE FOR VAPING AND A CONSUMER OF NICOTINE VAPE PRODUCTS.
I USE THESE PRODUCTS TO REMAIN SMOKE-FREE.
I'M HERE TO STAND UP FOR OUR RIGHTS, TO HAVE ACCESS TO HEALTHIER ALTERNATIVES AND FLAVORS.
WE CHOOSE TO STEER US AWAY FROM TOBACCO.
I TOO AM ON BOARD WITH KEEPING THESE ADULT PRODUCTS
[01:15:01]
OUT OF THE HANDS OF MINORS AND ENCOURAGE YOU TO WORK ALONG WITH OUR COMMUNITY ON SOLUTIONS TO ENSURE THE CHILDREN'S SAFETY.I AM CONCERNED ABOUT THIS BAN AND THE FORCE TOWARDS PROHIBITION.
I DO NOT WANT TO SEE HISTORY REPEAT ITSELF.
THE LAST PROHIBITION DID NOT WORK AND KILLED MANY BY FORCING THEM TO HARM OTHER HARMFUL AND REGULATED PRODUCTS.
A CONCERNED MOTHER CREATED THE PROHIBITION AND IT WOUND UP BACKFIRING.
A HISTORIAN NAMED MICHAEL LERNER SAID, WATCH OUT FOR SOLUTIONS THAT END UP WORSE THAN THE PROBLEMS THEY ARE SET OUT TO SOLVE AND REMEMBER THAT THE CONSTITUTION IS NO PLACE FOR EXPERIMENTS, NOBLE OR OTHERWISE.
I BEG YOU NOT TO REPEAT HISTORY AND TO CREATE NEW HISTORY BY BEING SUCCESSFUL AND HELP SAVING PEOPLE'S LIVES.
VAPE SHOPS AND MANUFACTURERS HAVE FOLLOWED ALL LAWS AND REGULATIONS SET IN PLACE.
THEY ARE THERE TO SUPPORT AND EDUCATE US ALL.
WITHOUT THEM, YOU WOULD BE PUTTING OUR LIVES IN HANDS OF SOME EXTREMELY SCARY SITUATIONS AND PRODUCTS ON THE BLACK MARKET.
CONSUMERS ARE THE REASON WHY IF THESE SAFER PRODUCTS WERE CREATED, PLEASE DO NOT FORGET THAT AND CHOOSE TO TAKE THEM AWAY.
I ASK YOU WHAT ABOUT ME? YES SIR.
WHAT NICOTINE LEVEL DO YOU USE WHEN YOU'RE VAPING? I USE A THREE OR A ZERO.
I'VE GOT GO ON BETWEEN BOTH OF THEM.
WHERE'D YOU LIKE TO STOP SMOKING? UM, I HAVE STOPPED SMOKING.
I DO NOT ANY LONGER SMOKE TOBACCO PRODUCTS.
WELL, IF, IF YOU CUT DOWN ON YOUR NICOTINE YOU COULD PROBABLY DO WAY WITH VAPING.
I HAVE CUT DOWN ON MY NICOTINE, SIR FROM THE VERY BEGINNING WHEN I STARTED, I WAS IN BETWEEN A THREE TO A SIX MILLIGRAM AND NOW I'M IN BETWEEN A ZERO AND A THREE.
AND UH, IS IT YOUR INTENTION TO STOP SMOKING ALTOGETHER OR VAPING, UH, AS A, AS A USE OF THE VAPING THINGS IN THE LONG RUN? YES.
I'VE BEEN DOING IT FOR NINE YEARS.
UM, I STARTED AT 10 YEARS AGO AND EIGHT YEARS AGO, EIGHT YEARS AGO.
I TOOK IT ON WITHOUT, UM, AND TOOK OUT COMPLETE TOBACCO PRODUCTS AND I CONTINUED VAPING ON.
UM, I HAVE TITRATED DOWN, THAT'S WHY THE JUICE MANUFACTURERS AND VAPE SHOPS DO SELL THEM SO PEOPLE CAN TITRATE AND BE SUCCESSFUL.
I DO NOT TURN BACK TO TOBACCO PRODUCTS AT ALL.
UM, ALL THE DIFFERENT CARCINOGENS THAT ARE IN THERE AS WELL AS THE, UM, EXPOSURE TO MY CHILDREN WOULD BE A PROBLEM.
UM, THERE IS 480,000 PEOPLE THAT DO DIE PER YEAR BECAUSE OF CIGARETTES.
65,000 OF THEM ARE CHILDREN THAT HAVE BEEN EXPOSED TO CIGARETTE HAND SMOKE, SECONDHAND SMOKE.
WELL, WE KNOW THAT NICOTINE IS ADDICTIVE AND YOU'RE STILL USING NICOTINE AFTER NINE YEARS.
SO IT DOESN'T, YOU CAN'T STOP AFTER NINE YEARS OF USING NICOTINE IN THAT.
UM, THE NICOTINE THAT IS WITHIN THESE PRODUCTS IS A CLEAN FORM OF NICOTINE THAT IS, UH, PUT IN THERE.
UM, I WOULD MUCH RATHER ANY DAY HAVE A REGULATED VAPE JUICE GOING AND GOING INTO MY BODY RATHER THAN 4,000 OTHER CHEMICALS AT ANY TIME.
AND I WOULD SUPPORT ANY SMOKER TO CONVERT TO, TO VAPING.
AND YOU THINK THAT IT TAKES LONGER THAN NINE YEARS TO STOP SMOKING OR VAPING? IT DEPENDS ON THE INDIVIDUAL.
MY GRANDFATHER SMOKED FOR 70 YEARS AND GOT DOWN TO A ZERO.
UM, HOW DO YOU FEEL ABOUT THE COMPROMISE THAT WOULD STILL ALLOW THE, UH, SALES OF VAPING DEVICES AND THE SALE OF THE, OF THE FLAVORED VAPE JUICE, BUT WOULD BAN THE USB TYPE THINGS, THE THINGS THAT ARE MEANT TO DISGUISE THE VAPING DEVICE THAT THE KIDS ABUSE.
HAVING A MIND AT 27% OF THE HIGH SCHOOL STUDENTS ARE VAPING NOW.
UM, I THINK THAT ANY ADULT THAT IS VAPING IS NOT GOING TO BE ACCESSING ANYTHING THAT WILL BE HIDDEN.
I THINK THAT THESE ITEMS THAT YOU'RE SPEAKING OF ARE NOT SOLD IN ANY VAPE SHOP THAT I HAVE EVER GONE ON, GONE TO.
AND I'VE BEEN TO MANY WITHIN CALIFORNIA AND OTHER STATES.
UM, I THINK A LOT OF THE THINGS ARE ACCESSED ONLINE, UH, EITHER THROUGH AMAZON, EBAY, AND OTHER THINGS THAT PEOPLE HAVE CREATED AND ARE SELLING ON THERE, WHICH IS NOT THROUGH A LEGAL VAPE SHOP.
UM, NOW WHAT ABOUT THE USB ONES? THAT THE 99 CENT ONE THAT I SEE AT THE SEVEN 11, BUT MY HOUSE, I SAW THAT TOO, MY OVER ON WASHINGTON AND I WAS SURPRISED OVER THE 99 CENT ONE.
I HAVE NOT SEEN THOSE IN ANY OF THE VAPE SHOPS THAT I GO OUT AND GO TO GO TO.
[01:20:01]
THAT THAT WON'T AFFECT THE VAPE SHOPS, BUT I'M TALKING ABOUT MY GOAL HERE IS TO STOP THEM FROM SELLING STUFF TO KIDS.SO THE QUIP, MY QUESTION TO YOU IS, IN OUR COMPROMISE, WE WILL, WE WOULD ALLOW THE SEWING OF THE FLAVORED VAPES.
WE WOULD ALLOW THE CEILING, ALL VAPING DEVICES, EXCEPT FOR THE ONES THAT ARE DESIGNED TO LOOK LIKE SOMETHING ELSE.
AND SPECIFICALLY THE BIG ONE IS THE USB TYPE.
I AGREE THAT THINGS THAT LOOK LIKE THEY'RE SUPPOSED TO BE DISCRETE AND HIDDEN SHOULD NOT BE SOLD, ESPECIALLY, UM, WITH THE ABILITY TO GET INTO THE HANDS OF MINORS.
SO THE USB ONES SPECIFICALLY ARE, THAT'S MY QUESTION TO YOU.
THE BE USB LOOK, YOU KNOW, LOOK ALIKES.
YOU'RE OKAY WITH THAT COMPROMISE.
I TURNED IN THIS PAPER B'S UNABLE TO MAKE IT GOING TO GO ON FOREVER.
GOOD AFTERNOON MAYOR, FELLOW COUNCIL MEMBERS.
MY NAME IS KELSEY EDMONDSON AND I'M A PROUD BOARD MEMBER OF THE, UH, COMMUNITIES FOR SAFER VAPING.
MY EXPERIENCE IN THIS INDUSTRY IS FROM INCEPTION, WHICH IS 13 AND A HALF YEARS AGO.
I COUNT MYSELF AS ONE OF THE FIRST PEOPLE TO EVER START AN E-CIGARETTE COMPANY IN SAN DIEGO COUNTY.
UM, I'M LISTENING AND A COUNCIL MEMBER, KENDRICK, I, I HAVE TO TELL YOU THAT I FEEL THAT ALTHOUGH, UH, YOUR INTENTIONS ARE GREAT, THEY WILL BE FATALLY FLAWED THROUGH SOCIAL MEDIA SALES, ONLINE SALES AND UNSCRUPULOUS STRAW SALES DONE BY ADULTS.
WHAT'S THE ANSWER TO THOSE THINGS? TO BAN THEM FROM A RETAIL STORE STANDPOINT? THAT'S FINE.
WE HAVE NO PROBLEM NOT SELLING IT.
I'M IN AGREEMENT WITH THAT, BUT HOW ARE WE GOING TO COUNTERACT THE REST OF THIS? AND THAT'S, THAT'S A BIGGER PROBLEM IN OUR COMMUNITY.
UM, AS, AS A COUNCILWOMAN GAS BAR SAID IN HER STATEMENT THAT SHE ASKED HER OWN CHILDREN AND FOUND SOCIAL MEDIA TO BE THE BIGGEST CULPRIT OF SALES.
SO, UM, I WENT A LITTLE OFF SCRIPT, I'LL GO ON SCRIPT AND JUST SAY THAT A YOU VAPING IS A PROBLEM THAT DESERVES AN ANSWER.
AND, UM, FURTHERMORE, COMMUNITIES FOR SAVING VAPOR VAPOR VAPE, VAPING CHAPTER UNDER THE NEIGHBORHOOD MARKET ASSOCIATION IS HERE TO HELP AND WORK WITH CITY COUNCILS ALL AROUND SAN DIEGO COUNTY.
AND WE HAVE A PLEDGE TO DO THAT.
UM, AS A FORMER SMOKER MYSELF WHO STARTED SMOKING AND THE THIRD, UH, WHEN I WAS 13 YEARS OLD, TRANSITIONING FROM, UH, EIGHTH TO NINTH GRADE.
THERE WERE NO REAL OBSTACLES AT THAT TIME.
SO I DON'T KNOW WHAT'S CHANGED.
I VISITED MY OLD HIGH SCHOOL AND I'M 40 YEARS OLD NOW AND THEY STILL HAVE THE SMOKING TENNIS COURTS AND SMOKERS HILL.
I DON'T SEE MUCH CHANGING WITH THE TIME, BUT DUE TO A RECENT POLITICAL GRAND STANDING UNDER, UNDER THE COVER OF VAPE, WE FIND OURSELVES FACED WITH THIS ISSUE.
SO ANYWAYS, THAT'S, THAT'S WHAT I HAVE TO SAY ABOUT THAT.
ANY QUESTIONS? THANK YOU FOR COMING.
HI, MY NAME IS CHRIS MESSICK, 30 YEAR OLD.
I'LL CALL RESIDENT AND I'LL CONVERT HIGH SCHOOL GRADUATE.
I ENCOURAGE YOU NOT TO MOVE FORWARD WITH THE PROPOSAL DATE.
BAN EVIDENCE ALREADY SHOWS AN AREAS WHERE VAPE BANDS HAVE IMPLEMENTED.
THERE IS A SHARP INCREASE IN THE USE OF CIGARETTES AND MORE DANGEROUS PRODUCTS.
THE PROPOSED BAN COULD CAUSE A MUCH BIGGER HARM TO THE PUBLIC.
I'VE GOT A QUICK QUESTION FOR YOU.
YOU KNOW I'M NOT TALKING ABOUT THE BAN IN THE, IN THE COMPROMISE.
THE BAND IS ONLY THE USB STUFF, THE STUFF THAT'S MEANT TO LOOK LIKE SOMETHING ELSE.
[01:25:06]
GOOD AFTERNOON.I'M A MEMBER OF THE COMMITTEE OF SAFER VAPING.
I'M MARRIED AND HAVE THREE CHILDREN UNDER THE AGE OF SIX YEARS OLD.
I WENT TO MIRA MESA COLLEGE AND I LIVE IN EAST COUNTY FOR ALMOST 30 YEARS.
WE HAVE FIVE EMPLOYEES INCLUDING MYSELF, AND WE'VE BEEN IN BUSINESS FOR ALMOST 20 YEARS.
THIS BAN WILL AFFECT NOT ONLY THE DAILY BUSINESS, MY EMPLOYEES, BUT MOST IMPORTANT MY FAMILY.
SINCE THE RISE OF VAPING AND THIS HEALTHY ALTERNATIVE TO CIGARETTES, WE HAVE ENCOURAGED THOUSANDS OF OUR CUSTOMERS TO STOP SMOKING CIGARETTES AND TRY VAPING.
WE HAVE NEVER HAD A CUSTOMER COMPLAIN OR SAY THAT THEY ARE SICK FROM VAPING PRODUCTS.
ALL OF OUR PRODUCTS ARE ILLEGAL AND CARRY A CALIFORNIA TAX.
WE HAVE COMPLETELY REMOVED AND STOPPED SELLING CIGARETTES FOR 10 YEARS NOW AND ONLY SELL VAPING PRODUCTS ON THREE SEPARATE OCCASIONS.
THE TOBACCO TASK FORCE ENTERED MY STORE WITH MINOR AND ALL THREE TIMES.
WE DENIED THE NINE MINOR OF THE SALE OF TOBACCO PRODUCT AND RECEIVED A LETTER FROM THE POLICE DEPARTMENT STATING THAT WE HAD PASSED THE STING OPERATION.
A 57 YEAR OLD REGULAR CUSTOMER, WE'LL CALL HIM STEVE.
THE UBER DRIVER TOLD ME THAT HE'S BEEN TRYING TO QUIT CIGARETTES FOR 40 YEARS WITH ATTEMPTS BY DOCTORS, MEDICAL PATCHES, GUM, AND EVEN HYPNOSIS.
HE TOLD ME, HE SAID, RAMI, I CANNOT BELIEVE THAT YOUR 22 YEAR OLD EMPLOYEE HELPED ME STOP SMOKING CIGARETTES TO TRY VAPING.
HE'S TOLD ME THAT HE HAD BEEN NOT SMOKING CIGARETTES FOR FOUR YEARS AND HE FEELS BETTER THAN EVER.
PLEASE DO NOT CONSIDER THE BAND OF VAPING PRODUCTS UNLESS THEY'RE CONCEALABLE ONES THAT YOU'RE TRYING.
IT IS SAVING THE LIVES OF OUR BEAUTIFUL CITY.
SO YOU SELL, THEY'VE BEEN PRODUCTS WHO YOU'RE PROBABLY PRETTY KNOWLEDGEABLE IN THE PRODUCT THAT YOU SELL.
SO HELP ME UNDERSTAND, UH, A NON TOBACCO NICOTINE PRODUCT LIKE VAPING, VAPING WATER-BASED PRODUCT THAT HAS NICOTINE IN IT.
I DON'T KNOW WHAT THAT DOES TO THE HUMAN BODY.
I KNOW IT'S ADDICTIVE, BUT WHAT CAN YOU TELL ME? I CAN TELL YOU A GREAT EXAMPLE.
IF YOU TAKE A CIGARETTE AND YOU DRAW FROM IT AND YOU LIFT UP A WHITE TEE SHIRT AND YOU BLOW THROUGH IT, YOU'RE GOING TO GET A BIG BROWN NICOTINE STAIN.
YOU COULD TAKE A VAPING UNIT AND VAPE ALL DAY LONG AND BLOWING THAT SAME AND IT'S GOING TO BE CLEAR.
SO TO TELL YOU WHAT THAT DOES INSIDE YOUR LUNGS IS RIGHT THERE.
JUST, I MEAN, TO PROVE IT RIGHT THERE.
WELL I UNDERSTAND THE CLARITY, BUT DO YOU HAVE ANY PRODUCT KNOWLEDGE FROM THE MANUFACTURERS THAT SAY THE LONGTERM EFFECTS OF NICOTINE USE? NOT IN CIGARETTES WHERE THERE'S TAR AND THINGS, BUT JUST LONGTERM EFFECTS OF NICOTINE ONLY WHAT THOSE ARE.
WELL, NICOTINE CARRIES THOUSANDS OF CHEMICALS AND WE ALL KNOW THAT.
AND, AND, AND VAPING IS, IS A, IS A HEALTHY ALTERNATIVE TO WHERE YOU DON'T HAVE ALL THESE HARSH CHEMICALS AND CARCINOGENS THAT CIGARETTES HAS.
AND YOU KNOW, WHEN, WHEN PEOPLE COME IN AND THEY'RE VAPING, THEY JUST FEEL GREAT AND THEY, AND THEY, THEY'RE BREATHING GREAT, THEY'RE SLEEPING GREAT, AND THEY JUST, IT'S A, IT'S A HEALTHY ALTERNATIVE.
YOU KNOW, BUT I KNOW IT'S A LOT HEALTHIER ALTERNATIVE TO CIGARETTES.
SO I'M TRYING, WHERE I'M GOING WITH THIS IS, I'M TRYING TO UNDERSTAND, UM, FOR INSTANCE, CAFFEINE IS ADDICTIVE.
I KNOW PEOPLE THAT MUST HAVE A COCA-COLA EVERY MORNING TO START WORK.
I KNOW PEOPLE THAT MUST HAVE CAFFEINATED COFFEE TO START THEIR WORKDAY AND THEY MUST DO IT EVERY DAY.
I HAVEN'T HEARD ANYTHING THAT SAID CAFFEINE IS DETRIMENTAL TO YOUR HEALTH.
IS NICOTINE CONSIDERED THE SAME? THEY'RE BOTH STIMULANTS.
ALTHOUGH MY DOCTOR TELLS ME DON'T DRINK TOO MUCH COFFEE BECAUSE I DRINK A LOT OF COFFEE.
BUT I I, I AGREE THAT THERE, THERE IS A, A, A LINE BETWEEN DOING SOMETHING HEALTHY AND THEN OVERDOING IT, BUT YOU DON'T KNOW OF A DIFFERENCE BETWEEN, UH, THE CAPPINGS EFFECT ON A BODY VERSUS NICOTINE'S EFFECT ON THE BODY WITHOUT THE CIGARETTE TAR PORTION OF THIS UNIT.
DO YOU HAVE ANY PRODUCT KNOWLEDGE FROM THE MANUFACTURER OR ANYTHING? WELL, WHEN YOU, WHEN YOU'RE VAPING, YOU HAVE THE OPTION TO GO ZERO THREE OR SIX OR ALL THE WAY UP TO 50.
BUT IF YOU'RE NOT, IF YOU'RE, IF YOU'RE TRYING TO QUIT, WHICH A LOT OF CUSTOMERS DO IS THAT THEY LOWER THEIR NICOTINE LEVELS SLOWLY TO GO TO ZERO OR THREE AND THEN THEY'RE NOT GETTING ANY NICOTINE OR LESS AMOUNT OF NICOTINE THAN LET'S SAY A STANDARD CIGARETTE OR A REGULAR VAPE WITH.
I'M TRYING TO UNDERSTAND THE LADY WHO'S BEEN DOING NINE YEARS OF THREE MILLIGRAMS OR WHATEVER IT IS, NICOTINE, IS THAT ANY WORSE THAN A CUP OF COFFEE EVERY DAY
[01:30:01]
WITH CAFFEINE IN IT? I DON'T KNOW THAT.I'M TRYING TO UNDERSTAND THAT.
I MIGHT BE ABLE TO HELP A LITTLE BIT.
UH, THEY'RE BOTH STIMULANTS ARE RIGHT.
UH, THE, THE PROBLEM WITH NICOTINE REALLY IS THE DELIVERY SYSTEM.
UM, WITH CIGARETTES, OBVIOUSLY THE DELIVERY SYSTEM CAUSES CANCER.
UM, YOU, WE CAN ARGUE WHETHER IT'S A GOOD THING OR A BAD THING TO BE ADDICTED TO A PRODUCT, IT PROBABLY IS A BAD THING.
BUT WHAT EVERYTHING THAT I'VE READ AND NOBODY IS THAT, UH, THE, THE BIG PROBLEMS YOU HAVE ASSOCIATED WITH NICOTINE ADDICTION ARE SOME PEOPLE HAVE A INCREASE IN HYPERTENSION AND SOME PEOPLE, UM, HAVE PROBLEMS ASSOCIATED WITH ADDICTION BASED UPON THE FACT THAT NICOTINE RELEASES DOPAMINE AND YOU REALLY BECOME ADDICTED TO THE DOPAMINE.
AND THAT'S, THAT'S, THAT'S WHAT THE ADDICTED PROCESSES.
SO DOES THAT HAPPEN WITH CAFFEINE ALSO? YEAH, ALMOST EXACTLY THE SAME WAY.
I APPRECIATE YOUR ACCEPTANCE OF THE COMPROMISE.
UH, I JUST WANT TO MENTION SOMETHING.
WHEN YOU MENTIONED, YOU TALKED ABOUT BLOWING THROUGH, UH, LET'S SEE, A WHITE PIECE OF CLOTH OR KLEENEX.
I DID EXACTLY THE SAME THING WITH MY MOM WHEN I WAS ABOUT 12 YEARS OLD AND SHE SAYS, I DON'T INHALE, THIS ISN'T BAD FOR ME.
SHE ONLY DRANK SMOKED THREE CIGARETTES A DAY.
AND SHE HAD, I SAID, OKAY, EXHALE, NOW BLOW INTO THIS PIECE OF KLEENEX AND IT WOULD BE ALL BLACK AND BROWN.
AND EVEN PEOPLE THAT, THAT VAPES, THEY DON'T, THEY DON'T SMELL LIKE CIGARETTES ANYMORE AND THAT'S JUST GROSS, YOU KNOW, JUST TO SMELL LIKE CIGARETTES.
SO YEAH, THAT'S THE NUMBER ONE.
NOW, YOU KNOW, ONE THING I DID WANT TO SAY TO EVERYBODY HERE REGARDING MY DISDAIN FOR CIGARETTES, THAT STARTED ABOUT 30 YEARS AGO.
MY SISTER, UH, WAS NOT A SMOKER, BUT THERE WAS A SMOKER THERE IN THE HOUSE WITH HER.
AND UH, THE DAY THAT HER FIRST BABY WAS BORN, THEY FOUND OUT THAT SHE HAD LUNG CANCER, LUNG CANCER.
THEY GAVE HER SIX MONTHS TO LIVE.
SHE MENTIONED LIVED THREE YEARS AND THAT'S ONE OF THE REASONS, YOU KNOW, THAT I'VE BEEN SO ANTI TOBACCO, YOU KNOW, FOR THE LAST 30 YEARS.
IT'S A VERY PERSONAL THING TO ME AND I'M TRYING TO KEEP THE KIDS FROM IT, FROM ENDING UP IN THE SAME POSITION.
AND I UNDERSTAND THAT, THAT THE E-CIGARETTES, UH, EVEN THOUGH THEY MAY NOT BE PROVEN OR AN ACCEPTED SMOKING CESSATION DEVICE, UH, MAY HELP SOME PEOPLE QUIT SMOKING.
SO WHAT I'M OFFERING HERE IS THE COMPROMISE TO BAN THE LOOKALIKE STUFF AS YOU KNOW, YOU HAD TO SUGGEST IT, SO I THANK YOU FOR THAT.
WHEN WILL IT END? WELL, SIR, WELCOME TAMARA.
UM, I DON'T KNOW HOW MUCH TO SAY, BUT HOW YOU SAYING ABOUT UM, THE USB DEVICE? YES, I, I AGREE WITH THAT.
YOU KNOW, PLENTY OF TIMES I'M AN AIRPLANE CROSSES MY MIND.
I WANT TO TAKE IT OUT AND I'M FEEDING IT.
I DO AGREE WITH YOU, BUT A BANDAID AND BANNING IT ALL TOGETHER.
BLACK MARKET IS GOING TO KEEP GOING, OTHER STATES ARE GOING TO SELL IT.
THEY ALREADY TOLD YOU THAT YOU CAN BUY ONLINE, UH, EBAY, AMAZON, YOU DON'T EVEN HAVE TO VERIFY YOUR AGE ON SOME OF THESE WEBSITES.
SO THAT'S, THAT'S WHAT I, AT THIS POINT, THAT'S WHAT I'M PROPOSING.
JUST, JUST THE BAN ON THE U S BEAT ALL THE LOOKALIKE DEVICES, AND I AGREE ON ONE THING, NOBODY NEEDS 50 MILLIGRAM OF NICOTINE.
THAT'S ANOTHER THING I CAN AGREE WITH TOO, YOU KNOW, BUT SOME PEOPLE DO.
I USE IT, YOU KNOW, I USE ABOUT 35% MILLIGRAM, BUT IT'S, I USE IT ONE TIME TO TIME AND I SET IT DOWN.
I DON'T KEEP TAKING THE HITS AFTER HIT TO GET THAT HEAD HIGH OR THE RUSH OR THE KIDS ARE LOOKING FOR, YEAH, THAT'S, THAT'S ONE THING.
BUT TAKING THAT OUT OF THE MARKET, COMPLETELY PUNISHING US, US RETAILERS, THAT'S FINE, BUT THEY'RE GOING TO GET IT SOMEWHERE ELSE.
THAT'S WHY I DIDN'T GET IT FROM ANOTHER STATE.
THEY'RE GOING TO GET IT FROM ANOTHER BLACK MARKET.
YOU KNOW, I GOT CUSTOMERS SAYING I MAKE LIQUID IN MY GARAGE.
THAT'S WHAT YOU GUYS SHOULD BE TARGETING.
THE RETAILERS ARE ACTUALLY LOOKING OUT FOR THE PEOPLE IN THE KIDS.
I HAVE KIDS MYSELF AND I DON'T SELL IT THE KIDS OR, OR I DON'T WANT NO KISS TO GET IT.
SO THAT'S WHAT YOU GUYS SHOULD BE TARGETING.
IT'S THE BLACK MARKET THAT PEOPLE MAKE IT IN THE GARAGE.
GET IN AN ONLINE, NOT THE LOCAL RETAILERS.
[01:35:01]
GOOD AFTERNOON MAYOR BILL WELLS AND COUNCIL MEMBERS AND COMMUNITY.UM, I'VE BEEN WORKING IN DRUG REHABILITATION WORK SINCE 1987 AND WE WENT OVER TO AMSTERDAM, HOLLAND WORKING, UH, WITH THE DRUG ADDICTED AND UH, AND WE GOT TO SEE A LOT OF BEAUTIFUL MIRACLES.
SO THE NATURE IS THE NATURE OF ADDICTION AND ADDICTIONS, UM, ARE THINGS THAT START SMALL AND UH, AND THEN WE ACCEPT, UM, YOU KNOW, A, A COMPROMISE AND THEN THE NEXT LEVEL IT, IT CAN END AND GO ON A DEEPER LEVEL.
UM, I THINK THE CONCERN, THE MAJOR CONCERN OF COURSE IS THE HEALTH OF THE, OF THE YOUTH AND THE, AND THE CHILDREN, THE JUNIOR HIGH SCHOOL KIDS.
UM, I BELIEVE THAT, UM, THEY'RE, THEY'RE GOING TO COMMUNICATE AND THEY'RE GOING TO, UH, PRESS SOME LIMITS AS A TEENAGERS USUALLY DO.
UH, BUT I BELIEVE THAT IF YOU CAN MAKE THAT COMPROMISE AND, UM, REALLY KIND OF OUT SINK, UM, THEIR STRATEGY TO DECEIVE, UM, THEN YOU'RE GOING TO BE ABLE TO REGULATE IT MORE.
AND THEN, UH, YOU KNOW, THE AUTHORITIES CAN CONTROL IT MORE.
AND, UM, BECAUSE, UM, THE NATURE IS, IS THEY'RE GOING TO TRY AND, UH, YOU KNOW, UH, SNEAK IT IN.
AND, UH, IF YOU HAVE REGULATION, THEN THE POTENTIAL IS YOU MIGHT BE ABLE TO, UH, CAPTURE THEM IF THEY'RE TAKING SOMETHING THAT IS, IS NOT REGULATED AND, UH, SOMETHING THAT'S GOING TO HURT THEM.
AND, UH, OF COURSE, THE MORE THAT YOU DO IT AND THE MORE DOPAMINE, UM, THEN THERE'S ALSO THEN THE POTENTIAL TO WANT SOMETHING MORE, UH, TO SATISFY THAT.
SO, UM, IN THAT, UM, WE, UH, WE ALL HAVE TO REGULATE OURSELVES.
AND, UH, WE NEED, UH, WE NEED, UH, THE HELP OF THE GREAT HELPER.
AND I'M GOING TO SAY A PRAYER, UH, TO THE LIVING GOD WHO IS THE HELPER, THE HOLY SPIRIT'S THE HELPER.
AND, UH, WE NEED A JESUS' GRACE AND WISDOM.
AND, UH, IT'D BE A PRIVILEGE TO SAY A PRAYER AND ASK FOR WISDOM IN THE COMMUNITY.
UH, WOULD THAT BE ALL RIGHT? ALL RIGHT.
HEY, MAN, WELL, LET'S SAY A PRAYER TOGETHER.
LORD JESUS, WE THANK YOU FOR OUR COMMUNITY.
WE THANK YOU FOR, UH, OUR COUNCIL MEMBERS, OUR MAYOR.
WE THANK YOU FOR THEIR RESPONSIBLE, UH, LORD, UH, GOVERNING, UH, OF OUR CITIZENS AND HELPING, UH, HELPING US TO BE A HEALTHY, A HEALTHY COMMUNITY.
AND, UM, WE ARE PRAYING AGAINST, UH, THOSE, UH, DANGEROUS ADDICTIONS THAT LEAD TO, UH, OUT OF CONTROL BEHAVIOR.
AND, UH, LORD, WE THANK YOU FOR A WISDOM.
UH, WE KNOW THAT PEOPLE ARE GONNA SMOKE.
WE KNOW THAT PEOPLE ARE GOING TO VAPE AND, AND UH, BUT WE, UH, WE PRAY FOR WISDOM, UH, IN OUR, UH, LAWS AND REGULATION THAT WOULD PROTECT THE YOUTH AND THE CHILDREN AND UH, AND SPARE THEM FROM, UH, GOING DEEPER INTO ANY, UM, GREATER ADDICTIONS.
LORD, WE PRAY PROTECTION ON ALL THE COMMUNITY AND A WISDOM IN THIS SITUATION AND WE GIVE YOU PRAISE FOR YOUR GRACE AND TRUTH IN JESUS NAME.
GOOD AFTERNOON MAYOR CITY COUNCIL MEMBERS AND STAFF.
I AM A MOTHER OF THREE YOUNG ADULTS.
MY HUSBAND IS AN EAST COUNTY SCHOOL SUPERINTENDENT AND I GREW UP IN OKLAHOMA AND I GRADUATED FROM GRANITE HILLS HIGH SCHOOL.
I WILL NOT SAY WHAT YEAR THAT WAS SEVERAL YEARS AGO.
UH, THANK YOU FOR THIS OPPORTUNITY TO SPEAK TO YOU TODAY AND THANK YOU FOR REVIEWING AND HOPEFULLY STRENGTHENING THE CITY'S TOBACCO CONTROL REGULATIONS.
WE ALL DESERVE TO BREATHE CLEAN AIR AND TO BE PROTECTED FROM TOXIC CHEMICALS FOUND IN TOBACCO, MARIJUANA, AND VAPE PRODUCTS.
BUT RIGHT NOW THE SALES AND MARKETING OF THESE DANGEROUS PRODUCTS PROCEEDS THE APPROPRIATE RESEARCH.
WHY ARE THESE PRODUCTS ON THE SHELVES WHEN WE DON'T KNOW WHAT HARMFUL CHEMICALS ARE IN THEM OR THE LONGTERM EFFECTS ON THINGS LIKE THE BRAIN, THE HEART AND THE LUNGS, WHETHER IT'S THE BLACK MARKET OR VAPES THAT COME FROM STORES.
WE HAVE NO IDEA WHAT THESE PRODUCTS WILL DO LONGTERM.
WE NEED YOUR LEADERSHIP TO HELP REMEDY THIS.
[01:40:01]
THAT KIDS GET VAPING DEVICES IN JUICES FROM THE INTERNET OR FROM DEALERS, BUT OVER 70% OF YOUNG PEOPLE REPORT THEY GET THEM FROM LOCAL STORES.WE KNOW THAT IF YOU MAKE A PRODUCT LESS ACCESSIBLE, FEWER PEOPLE, ESPECIALLY KIDS WILL USE THEM.
STORES DON'T WANT TO BAN JEWEL OR SOREN BECAUSE THEY'RE MAKING A FORTUNE OFF OUR KIDS WHO USE THEM.
MY HUSBAND IS AN EDUCATOR AND A SCHOOL ADMINISTRATOR HAS WATCHED THIS VAPING EPIDEMIC SPIKE SEEMINGLY OVERNIGHT.
HE SPEAKS REGULARLY TO ADMINISTRATORS THROUGHOUT THE COUNTY WHO ARE CONFISCATING ELECTRONIC SMOKING DEVICES, USUALLY FLAVORED VAPES FROM STUDENTS OF ALL RACES AND ECONOMIC BACKGROUNDS, AND NONE OF THESE ADMINISTRATOR ADMINISTRATORS KNOW WHAT TO DO ABOUT THE THREAT TO THEIR STUDENTS.
IN CALIFORNIA, 63.6% OF CURRENT CIGARETTE SMOKERS STARTED BY THE AGE OF 1880 1% OF YOUTH WHO HAVE EVER USED TOBACCO PRODUCTS INITIATED TOBACCO WITH A FLAVORED PRODUCT AND YOUTH THAT VAPE ARE FOUR TIMES MORE LIKELY TO START USING TRADITIONAL CIGARETTES.
THE CITY CAN AND SHOULD PROHIBIT THE SALE OF VAPING DEVICES IN ALL FLAVORED TOBACCO PRODUCTS.
THEY PRODUCTS ARE NOT NOW AND HAVE NEVER BEEN ONE OF THE SEVEN FDA APPROVED CESSATION DEVICES.
WHEN YOU VAPE, YOU'RE JUST EXCHANGING ONE DANGEROUS VISE FOR ANOTHER.
AND OFTENTIMES PEOPLE END UP USING VAPE AND OTHER TOBACCO OR MARIJUANA PRODUCTS.
WE CANNOT PUT PROFITS, PROFITS ABOVE PUBLIC HEALTH, ESPECIALLY WHEN IT COMES TO OUR KIDS AND INTRODUCING THEM TO A LIFETIME OF ADDICTION.
DO THEY HAVE A LICENSE? SAME LICENSE.
GOOD AFTERNOON MAYOR AND COUNCIL.
THANK YOU FOR BRINGING THIS, UM, ITEM BACK FOR FURTHER DISCUSSION AND REVIEW.
UM, I WANTED TO START BY SEEING THAT I APPRECIATE THAT GRAHAM BROUGHT FORWARD THE CDC EVERY THURSDAY REPORT.
UH, WE SUBSCRIBED TO THAT SAME REPORT AND I WANTED TO FOLLOW UP WITH SOME OF THE OTHER DATA THAT IS IN THAT REPORT OF THE OVER 2000 CASES ON THE 800 AND ONLY 867 OF THEM REPORTED, UH, WHAT THE SUBSTANCE WAS IN THE E-CIGARETTE OR VAPE DEVICE THAT THEY WERE USING.
AND WHILE WE HEARD THAT 80% INCLUDED THC CONTAINING PRODUCTS, ONLY 34% WERE THC EXCLUSIVE PRODUCTS.
UM, WELL, 64% WERE NICOTINE, UM, CONTAINING, UH, PRODUCTS.
AND THE, UM, I MEAN YOU LOOK AT THE AGE BREAKDOWN OF THE PATIENTS IN THAT 2051 CASES, UH, 54% OF THEM WERE UNDER THE AGE OF 24.
KEEPING IN MIND THE LEGAL AGE IS 21.
UM, I BROUGHT FOR YOU SOMETHING, UH, UM, SOME POWERPOINT SLIDES THAT I WANTED TO SHARE WITH YOU, INCLUDING, UM, THE MOST IMPORTANT I THINK IS THE CALIBER, HOW CALIFORNIA DEFINES TOBACCO PRODUCTS.
IT DOES INCLUDE EITHER ELECTRONIC, UM, CIGARETTES AND VAPE PENS AND THE LIQUIDS.
WE'VE HEARD A LOT ABOUT THE LIQUIDS AND THE DIFFERENT LEVELS IN THERE.
UH, THEY CDC DID A STUDY AND THEY TESTED 13 DIFFERENT, UH, LIQUIDS THAT WERE ALL LABELED AS NON-NICOTINE.
OUT OF THOSE 13 LIQUIDS THAT WERE LABELED, NON-NICOTINE NINE CONTAINS NICOTINE AND NONE CONTAIN THE LEVEL OF NICOTINE, UM, THAT, UH, OF THE ONES THAT THEY TESTED FOR NICOTINE THAT WERE LABELED FOR NICOTINE, NONE OF THEM CONTAINED THE LEVEL OF NICOTINE, UM, THAT IT WAS LABELED AS.
SO, UM, WHILE I KEEP HEARING ABOUT BLACK MARKET, IT'S IMPORTANT TO REMEMBER THAT NONE OF THESE PRODUCTS ARE REGULATED.
SO I'M NOT SURE WHAT THE BLACK MARKET IS WHEN THERE ISN'T A REGULATION OF ANY OF IT, PERIOD.
UM, SO THAT'S WHY THERE'S A LOT OF MISS, UM, MISS LABELING, UM, MISUNDERSTANDING WHAT IS CONSIDERED WHAT, UM, IN THESE PRODUCTS.
UM, THE OTHER IMPORTANT ITEM TO NOTICE IN THESE, UM, DEVICES IS THE DIFFERENCE BETWEEN THE SALT BASED, WHICH ARE ALL OF THE USB.
UM, TYPE PRODUCTS ARE SALT BASED AND ALL OF THEM CONTAIN NICOTINE.
JEWEL DOESN'T MAKE ANY AND NEITHER DO THEIR LIQUOR.
LOOKALIKE PRODUCTS MAKE ANY THAT ARE NON-NICOTINE.
[01:45:01]
SIDE I THOUGHT YOU WOULD FIND INTERESTING LOOKS AT THE LEVEL OF NICOTINE BLOOD LEVEL NICOTINE.UM, AND THE TIMESPAN FOLLOWING A DRAW OF A OR A PUFF, WHETHER THAT'S A CIGARETTE, YOU SEE ONE LINE IS THE CIGARETTE AND ONE IS THE, UM, IS THE LAB TESTING OF A, UH, UH, A VAPING DEVICE AND YOU'LL SEE THAT THEY MIMIC ONE ANOTHER.
UM, I REALLY WANT TO SUPPORT THE CONCEPT AT LEAST OF, UM, OF ELIMINATING THE, UM, V THE USB LOOK ALIKES.
BUT I WOULD REALLY ASK YOU TO THINK ABOUT A MORATORIUM UNTIL THE FDA TAKES ACTION ON THESE PRODUCTS AND THAT WOULD BE A TEMPORARY STEP UNTIL THE FDA REGULATES.
ANY QUESTIONS? UH, DID I HAVE ONE QUESTION? SO WHEN I, WHEN I SAID BLACK MARKET, MAYBE I USED THE WRONG TERMINOLOGY.
WHAT I WAS TRYING TO SAY WAS THAT THESE VITAMIN E PACKETS THAT ARE CAUSING 100% OF THE HOSPITALIZATIONS AND DEATHS, UH, THAT WE'VE BEEN READING ABOUT, MY UNDERSTANDING IS THAT THOSE ARE NOT SOLD AT STORES.
SO
SO I, I DON'T KNOW THAT YOU CAN SAY THAT.
NO ONE REALLY KNOWS WHAT'S IN EVERYTHING.
EVEN THE ONES THAT HAVE BEEN TESTED, SIR.
WELL LET'S, LET'S TAKE, STAY AWAY FROM THE ABSOLUTES OF 100%.
BUT IN GENERAL, ARE YOU FINDING WHEN YOU'RE OUT THERE, ARE YOU FINDING THESE CANNABIS VITAMIN E PACKETS THAT ARE CAUSING THESE TROUBLES IN THE STORES? IF YOU, IF YOU GO INTO THE, UM, INTO THE MARIJUANA STORES, THEY'RE SELLING THE VAPE STORES.
WE'RE TALKING ABOUT VAPE STARS TONIGHT.
THEY ARE NOT ALLOWED TO FILL ANY MARIJUANA PRODUCTS.
THE VAPE STORES, YOU ALREADY REGULATE VAPE STORES.
AND THIS CITY HAS A 100% PROHIBITION ON ANY MARIJUANA SALE.
I JUST WANTED TO S TO SAY THAT WHEN I, WHEN I USE THE TERMINOLOGY BLACK MARKET, WHAT I MEANT TO SAY WAS THAT THE STORES ARE PROHIBITED FROM SELLING THESE PRODUCTS ALREADY.
AND SO, SO, SO KIDS, KIDS HAVE TO HAVE TO GO TO THE INTERNET OR TO, UM, BLACK MARKET PEOPLE SELLING ON THE STREETS TO BUY THESE THINGS.
SO REGULATING THE STORES MAKES NO DIFFERENCE.
SO, UH, YOU CAN GO INTO ANY OF THE MARIJUANA STORES AND BUY THE VAPE PENS.
UM, AND WELL, BELIEVE ME, I, IF I COULD, IF I COULD GET RID OF MARIJUANA, I WOULD DO IT IN A HEARTBEAT.
UM, SO VERY MUCH AND I THINK THE CITY FOR BEING SO STRONG IN THAT CONVICTION.
I JUST, I, I'M TRYING TO FIGURE OUT, I'M HEARING DIFFERENT THINGS FOR DIFFERENT PEOPLE.
I UNDERSTAND BECAUSE IT'S ALL VERY CONFUSING AND PRODUCTS AREN'T WHAT THEY ARE LABELED TO BE.
BONNIE, I JUST HAD TO SPEAK AS ONE WHO IS TERRIBLY ALLERGIC TO MOST CHEMICALS IN THE AIR.
I, I WOULD SIDE WITH ANY EFFORT TO CONTROL VAPING AND TOBACCO SMOKE.
I'M TERRIBLY ALLERGIC TO TOBACCO SMOKE.
EVERYBODY IS, IT'S GOT FORMALDEHYDE, THE BASIC, UH, CHEMICAL FROM FORMALDEHYDE IN IT, WHICH IS HOW WE PRESERVE DEAD CREATURES.
I WOULD SAY THAT BECAUSE THE STATE OF SCIENCE ON VAPING, YOU KNOW, SECONDHAND SMOKE IS, UM, NOW NOT REALLY ESTABLISHED WELL THAT THEY CITY COUNCIL CONSIDER COMING BACK TO THIS ISSUE WHEN MORE FACTS ARE KNOWN AND THEN REGULATE WHERE IT CAN HAPPEN, WHERE VAPING CAN HAPPEN BECAUSE WE DON'T REALLY KNOW WHAT THIS DOES TO KIDS.
AND PEOPLE ARE SAYING, WELL, WE WON'T SELL IT THE KIDS.
BUT IF THEY'RE VICTIMIZED BECAUSE THEY HAPPEN TO BE IN A HOME OR IN A CAR WHERE THIS TOXIC STUFF IS GOING, YOU KNOW, THEY HAVE A LIFELONG PROBLEM.
MY NIECE HAS HAD CANCER BECAUSE HER PARENTS SMOKED, YOU KNOW, SHE GREW UP WITH BLUE ROOMS AND WHO KNOWS WHAT PEOPLE ARE DOING.
OUR CONDO COMPLEX BANNED ALL SMOKING.
NONE, NO VAPING, NO CIGARETTES, NO MARIJUANA.
[01:50:01]
AND I KNOW SOME, UH, BEACH CITIES HAVE OUTLAWED SMOKING IN THE CITIES.SO, YOU KNOW, YOU COULD DO THAT LATER.
JUST CURIOUS, ARE YOU, ARE YOU AGAINST MARIJUANA? I WOULD NOT USE IT.
I KNOW WHAT IT SMELLS LIKE TO ME.
IT SMELLS SICK, YOU KNOW, BUT I KNOW PEOPLE GET RELIEF FROM IT AND I WOULD NOT DEPRIVE THEM OF THE BENEFICIAL EFFECTS OF IT.
SO YOU'RE, YOU'RE MORE CAREFUL WITH MARIJUANA THAN VAPING? NO, I DON'T KNOW WHAT THE EFFECTS OF VAPING ARE.
I DO KNOW THAT SOME MDS HAVE DISCOVERED THAT MARIJUANA DOES, UH, STOP SPASMS OF THOSE WHO ARE AFFLICTED AND THERE HAVE BEEN KIDS WHO HAVE, OH, I KNOW.
I, I, I'M SORRY TO INTERRUPT YOU.
I DIDN'T WANT TO GET INTO A, A NEW DISCUSSION ABOUT THE, THE GOOD OR BAD OF MARIJUANA.
I WAS JUST CURIOUS, UH, BECAUSE I, I KNOWING
I JUST WAS TRYING TO FIGURE THAT OUT.
DON'T, I DON'T, I WOULD NOT BE AROUND ANY SMOKE OR ANY ALDO EXHAUST IF I EITHER.
WE HAVE TWO MORE SPEAKERS, AMANDA MCGIMPSEY.
UH, AS MANY OF YOU KNOW, I AM AN SEO AT CSU GRADUATE STUDENT AND I AM SUPPOSED TO BE IN CLASS RIGHT NOW.
UM, BUT I AM RISKING ATTENDANCE, UH, UH, DOCKING.
UM, BECAUSE IT'S SO IMPORTANT TO BE HERE TONIGHT.
UM, I WANT TO SHARE, UH, HOW TOBACCO AFFECTED MY FAMILY AND HOW IT MIGHT COMPARE TO VAPING.
MY GRANDMOTHER HAD A BEAUTIFUL SINGING VOICE, BUT I NEVER HEARD IT IN THE 50S.
MY GRANDMOTHER WAS A SOCIAL SMOKER.
SHE WAS TOLD THAT SMOKING WAS HEALTHY, THAT IT HELPED HER SKIN, HELPED HER LOSE WEIGHT AND THAT IT WAS, EVEN THOUGH IT WAS GOOD FOR CALMING HER NERVES DURING PREGNANCY, THAT'S WHAT THE PACKAGING SAID.
AND THE SCIENTIFIC RESEARCH ON THE LONGTERM HEALTH EFFECTS OF SMOKING WOULDN'T BE COMPLETED FOR NEARLY TWO DECADES.
AND DURING THOSE TWO DECADES, MY MOM DEVELOPED SEVERE CHILDHOOD ASTHMA.
THEY DIDN'T KNOW THE CAUSE THEN.
BUT LOOKING BACK, WE KNOW THAT IT WAS EXPOSURE TO CIGARETTE SMOKE AND IT WASN'T JUST MY MOM.
MY GRANDMOTHER BEGAN TO HAVE TROUBLE BREATHING AS WELL.
AFTER MY MOM WENT TO COLLEGE, MY GRANDMOTHER'S BREATHING GOT SO BAD THAT SHE NEEDED TO HAVE A TRACHEOSTOMY TO CREATE A PERMANENT OPENING IN HER NECK FOR A BREATHING TUBE.
SHE GOT IT RIGHT AFTER CHRISTMAS BREAK OR RIGHT BEFORE CHRISTMAS BREAK, BUT SHE WAITED TO TELL MY MOM UNTIL SHE GOT BACK FROM COLLEGE BECAUSE SHE WANTED MY MOM TO FOCUS ON STUDYING FOR FINALS.
SHE WAS SO PROUD OF MY MOM FOR BEING THE FIRST ONE TO GO TO COLLEGE.
MY GRANDMOTHER HAD A BEAUTIFUL SINGING VOICE, BUT I NEVER HEARD IT BECAUSE FROM THAT DAY FORWARD SHE COULD ONLY SAY TWO OR THREE WORDS AT A TIME.
THEN SHE WOULD HAVE TO TAKE A RASPY GULP OF AIR
DON'T LET THEM CONVINCE THE ALCON CITIZENS THAT VAPING IS HEALTHY WHEN THEY DO NOT HAVE THE LONGTERM SCIENTIFIC RESEARCH TO BACK THAT UP.
RIGHT NOW, ALL THE HAVE IT'S BILLIONS OF DOLLARS IN MARKETING AND LOBBYING FEES AND BUSINESS ASSOCIATIONS.
THIS IS A QUESTION OF PUTTING BUSINESS PROFIT OVER COMMUNITY HEALTH.
AND I'M HERE TODAY TO PLEAD WITH YOU.
PROTECT OUR CITIZENS HEALTH, NOT THE CORPORATIONS PROFIT.
PLEASE CONSIDER A TEMPORARY BAN ON VAPING UNTIL SCIENTIFIC RESEARCH CAN BE COMPLETED.
AT THE VERY LEAST, OUR CITIZENS DESERVE TO BE ABLE TO MAKE AN INFORMED CHOICE.
THAT'S MORE THAN MY GRANDMOTHER HAD.
I ALWAYS FEEL SPECIAL SO I'M GOING TO HAVE TO
[01:55:01]
CUT A LOT OF THIS DOWN BECAUSE OF SOME OF THE THINGS THAT YOU'VE SAID ALREADY.UM, SO LAST TIME I WAS HERE, I TOLD YOU THAT I QUIT A HALF A PACK A DAY BECAUSE OF MY VAPE.
ABSOLUTELY NO NICOTINE WHATSOEVER.
BUT TO YOUR QUESTION, UM, NICOTINE HAS, THERE HAS BEEN STUDIES THAT, UH, ACTUALLY HELPS WITH BRAIN FUNCTION.
UM, BUT WE'RE NOT SAYING THAT VAPE IS GOOD, IT'S A HEALTHIER ALTERNATIVE.
SO THIS ORDINANCE WOULD NOT STOP ANYONE FROM VAPING.
YOU CAN GO TO A CITY RIGHT NEXT DOOR OR TO VAPE AND 609 WHERE I GO IN UNINCORPORATED.
THIS ORDINANCE HAS THE GREATEST INTENTIONS, BUT THEY ARE VERY MISGUIDED.
I'VE BEEN A SURGICAL TECHNOLOGIST FOR 16 YEARS.
I CONSTANTLY SEE THE EFFECTS OF SMOKING.
NOT TO MENTION I LOST MY FATHER AND GRANDMOTHER TO TOBACCO RELATED CANCERS.
I DO UNDERSTAND WHY YOU'RE FIGHTING THIS, BUT STOP AND THINK ABOUT IT.
THIS WILL NOT STOP ME OR YOU OR A 16 YEAR OLD KID FROM VAPING.
IT WILL JUST DECREASE ELKANNS TAX REVENUE.
SO WHAT DO WE DO? THE ONLY WAY WE COMBAT KIDS SMOKING IS BY PUNISHING THOSE CHILDREN.
IT IS ILLEGAL FOR PEOPLE UNDER THE AGE OF 21 TO SMOKE.
PARTNER WITH SCHOOLS, ANY KIDS CAUGHT SMOKING WILL HAVE LEGAL PROBLEMS AS WELL AS IN SCHOOL ISSUES.
WE NEED TO MAKE THEM RESPONSIBLE FOR THEIR ACTIONS.
MILLENNIALS GOT AWAY WITH WHAT? HOW THEY ARE CURRENTLY BECAUSE WE ARE CUDDLED.
CURRENT PUNISHMENT FOR UNDERAGE SMOKING IN CALIFORNIA IS A $75 FINE OR 30 HOURS OF COMMUNITY SERVICE.
WHY AREN'T WE LEVERAGING THIS? WE NEED TO MAKE THAT PENALTY KNOWN, PUT THIS ON THEIR SHOULDERS AND THINGS WILL CHANGE.
WE GOT A ONE OF TWO THINGS, REWARD OR PUNISHMENT, SO LET'S AT LEAST DO ONE NOW TO SOME OF THE THINGS THAT YOU CAN DO BECAUSE SAYING THINGS THAT LOOK, LOOK LIKE USB IS IS SO WIDE.
ONE THING I THINK YOU CAN DO IS NO PREFILLED CARTRIDGES.
ANOTHER THING IS HAVING A POSSIBLE MINIMUM WEIGHT.
SO MY WEIGHT, MY VAPE IS SUBSTANTIAL.
I MEAN IT'S VERY HEAVY AND BECAUSE IT HAS INTERNAL BATTERIES THAT YOU CAN ACTUALLY TAKE OUT.
THESE ARE WHAT MAKE A HEAVY, SO I DON'T KNOW IF YOU WANT TO DO SOMETHING WHERE IT HAS TO HAVE REMOVABLE BATTERIES.
IF YOU WANT TO DO A MINIMUM WEIGHT, NO PRE-FILLED CARTRIDGES, THOSE WOULD ALL HELP WITH THIS JEWEL THING.
ANY QUESTIONS? QUESTIONS? THANKS FOR FINISHING US OFF THEN, SIR.
KAREN, WHAT DO YOU WANT IT TO BE MORE SPECIAL? OKAY.
HOW ARE YOU DOING? SORRY, I WAS SOMEPLACE ELSE.
SO, UM, THANK YOU SO MUCH FOR, UM, LISTENING TO ME.
I WANT TO LET YOU KNOW THAT I'M HERE TODAY REPRESENTING THE CALIFORNIA STATE PTA.
I'M THE PRESIDENT ELECT FOR THE CALIFORNIA STATE PTA.
AND JUST LAST WEEK WE HAD OUR DEADLINE FOR RESOLUTIONS.
UM, FOR THOSE OF YOU WHO MAY OR MAY NOT KNOW, UM, TO, UM, TO TAKE A POLICY POSITION, UM, AT PTA, YOU HAVE TO HAVE WHAT THEY CALL AUTHORITIES.
WE RECEIVED FIVE DIFFERENT RESOLUTIONS ON VAPING ACROSS THE STATE OF CALIFORNIA.
PARENTS UP IN ARMS UPSET NOT KNOWING WHAT TO DO ABOUT THIS VAPING SITUATION.
THEIR CHILDREN TELLING THEM THEY CAN'T GO TO THE BATHROOM, THEY CAN'T STUDY.
THERE'S NO PLACE TO ESCAPE IT.
AND THE LIES THAT THE INDUSTRY IS TELLING PEOPLE ABOUT HOW SAFE AND HARMLESS IT IS.
SO WHAT'S HAPPENED IS THESE PARENTS ARE REALLY UPSET.
WE'VE LOOKED AT OUR AUTHORITIES AND BECAUSE THE DEFINITION OF TOBACCO, UM, FALLS UNDER, UH, VAPING IS INCLUDED IN THAT WE CAN TAKE A POSITION AGAINST VAPING ALSO AGAINST, UM, FLAVORED TOBACCO.
UM, JUST TO LET YOU KNOW, THROW THAT IN THERE.
BUT, UM, BUT ALSO AGAINST VAPING DEVICES.
WE CAN EDUCATE OUR KIDS, WE CAN EDUCATE OUR FAMILIES.
BUT WHAT WE'VE FOUND IS THAT EDUCATION IS NOT AS EFFECTIVE AS POLICIES THAT ARE ACTUALLY PUT IN PLACE.
AS WE ALSO ALL KNOW, UM, MEDICAL EXPERTS.
OUR CHILDREN'S, A FRONTAL LOBE IS NOT COMPLETELY DEVELOPED IN HIGH WONDER EXACTLY AT WHAT AGE THAT HAPPENS, BUT THEY SAY SOMEWHERE AROUND 24, 25.
SO WHAT HAPPENS IS WE AS THE ADULTS IN THE ROOM NEED TO MAKE POLICIES
[02:00:01]
THAT ARE GOOD FOR OUR KIDS FOR 30 YEARS, 40 YEARS.THE TOBACCO INDUSTRY TOLD US THIS WAS SAFE.
IT WAS HARMLESS, TOOK A LONG TIME FOR US TO REALIZE THAT IT WASN'T, AND EVEN A LONGER TIME TO REVERSE THE TRENDS.
NOW WITH VAPING AND REVERSING ALL OF THAT HARD WORK ON PUBLIC POLICY, IT'S TIME FOR THE ADULTS TO SET POLICIES THAT ARE GOING TO REALLY IMPACT OUR KIDS, THE TWO SCHOOL DISTRICTS IN ALCOHOL AND HAVE ASKED YOU, PLEASE, PLEASE DO SOMETHING AND THIS IS SOMETHING THAT YOU REALLY CAN DO.
SO I WOULD ASK YOU TO DO THAT.
I'M GOING TO TAKE IT OUT OF THE PUBLIC SETTING AND BRING IT UP TO THE CITY COUNCIL FOR DISCUSSION.
UM, I THINK IT PROBABLY IS IMPORTANT TO REMEMBER THAT THE STAFF HAS SUGGESTED THAT WE ACCEPT THE REPORT AS IS.
AND IF SOMEBODY WANTED TO MAKE A, A, A MODIFICATION TO THAT, THIS IS A PLACE WHERE THEY WOULD BRING THAT UP AND DISCUSS THAT.
AND I ASSUME THAT THE, WE'RE GOING TO GO IN THAT DIRECTION.
DO WE MAKE STINGS ON THESE BABY AND CHOPS THE SAME AS WE DO ON CIGARETTE STOPS EACH YEAR? YES.
EVERY YEAR WOULD WE DO WHAT WE DO, OUR COMPLIANCE CHECKS ON TOBACCO RETAILERS, WHETHER IT BE A SEVEN 11 OR A A VAPE SHOP.
WE DO ALL THOSE COMPLIANCE TO, DO THEY PAY THE SAME FEE FOR VAPING SHOP AS THEY DO TOBACCO STORE? THEY DO.
AND DO THEY HAVE THE SAME PENALTIES AS THE TOBACCO STORE IF THEY SELL TO A MINOR? YES.
UH, WELL ACTUALLY WE DON'T HAVE ANY, JUST VAPING SHOPS IN OAK IN THE CITY.
SO I THINK MOST OF THE PEOPLE THAT SPOKE HERE ARE FROM OTHER PLACE OF OTHER CITIES OR, OR THE COUNTY.
UM, AND THEN WE WENT TO BEAR IN MIND THAT THE, UH, COUNTY OF SAN DIEGO WILL BE, UH, LOOKS LIKE THEY'RE GOING TO BAN THE SALE OF, OF, UH, THE ALL VAPING DEVICES, AT LEAST A MORATORIUM FOR SEVERAL MONTHS AND THEY'RE GOING TO BAN THE SALE OF THE FLAVORED VAPING DEVICES.
SO WE'RE PROBABLY GONNA HAVE KIDS COMING INTO ELKHORN TO BUY THEIR VAPING DEVICES.
UM, I THINK IT AT THE BARE MINIMUM THAT WE SHOULD ASK, UH, STAFF TO COME BACK WITH, UH, SOME ORDINANCES THAT WOULD BAN THE SALE OF THE USB LOOKALIKE, UH, DEVICES AND OTHER DEVICES THAT, THAT DON'T LOOK LIKE E-CIGARETTE DEVICES.
AND I TRUST IT TO, MORGAN CAN COME UP WITH SOME VERY SPECIFIC LANGUAGE THAT WOULD PASS CONSTITUTIONAL MUSTER.
THAT WOULD BE AT A BARE MINIMUM.
AND, UH, WE HAVE, LET'S, LET'S TAKE THE LOOK AT HOW THIS IS SHAKING OUT HERE.
WE'VE GOT A NUMBER OF PEOPLE THAT CAME IN AND SOME WITH VERY GOOD POINTS, UH, THAT BELONGED TO THE ORGANIZATION THAT WAS, UH, AFFILIATED WITH A NEIGHBORHOOD MARKET ASSOCIATION.
WE'VE BEEN DEALING WITH THAT GROUP FOR MANY YEARS AND THEY'RE ALWAYS SAYING, YEAH, LET US DO IT.
AND IT'S NEVER BEEN SUCCESSFUL FOR ALCOHOL OR TOBACCO.
UH, THEY ALWAYS SAY, LET US DO IT.
AND IT ALWAYS FALLS APART IN, THEY'RE STILL SELLING THE KIDS, SO THEY DON'T HAVE A WHOLE LOT OF CREDIBILITY WITH ME.
UM, BUT, AND, AND UNDERSTAND THEY MAKE MONEY FROM, UH, SELLING, UH, VAPING DEVICES.
AND AS MOLLY SAID, AND YOU ARE VERY WELL SPOKEN, MOLLY, UH, UH, SHE'S ON BOARD WITH THE, WITH THE COMPROMISE.
NOW ON THE OTHER SIDE, WE'VE GOT THE PARENTS, CALIFORNIA PTA, WHICH IS NO SMALL ORGANIZATION.
THE ELEMENTARY SCHOOL KIDS THAT ARE 12 YEARS OLD ARE VAPING.
THEY'RE SAYING, PLEASE CITY COUNCIL DO SOMETHING.
THE HIGH SCHOOL DISTRICT, WHICH IS ALL PRETTY CONSERVATIVE GUYS ON THERE THAT DON'T BELIEVE IN GOVERNMENT OVERREACH.
WE'VE GOT THE SCHOOL DISTRICT THAT'S RUN BY SHADOW MOUNTAIN CHURCH WHEN THE BIGGEST CHURCHES IN TOWN, THE SCHOOL DISTRICT THAT'S RUN BY FOOTHILLS, WHICH IS ONE OF THE BIGGEST CHURCHES IN TOWN.
UH, THESE PEOPLE DON'T MAKE MONEY
[02:05:01]
OFF OF VAPING.SO, UH, JUST LIKE IF, IF I, AND I THINK WE HAVE A RESPONSIBILITY TO DO THAT.
IF I SAW PHIL ORTIZ'S LITTLE BOY RUNNING OUT IN THE STREET ON WASHINGTON, I'D RUN OUT THERE AFTER HIM AND PULL HIM IN.
IT'S MY RESPONSIBILITY TO KEEP THESE EXTREMELY DANGEROUS DEVICES OUT OF THE HANDS OF OUR CHILDREN.
PARENTS CAN'T BE THERE 24 HOURS A DAY.
WE HAVE DEVICES THAT ARE CREATED AND MY OPINION TO APPEAL TO CHILDREN, RIGHT? THERE'S NO REASON THAT AN ADULT NEEDS A VAPING DEVICE THAT'S DISGUISED AS A HOODIE.
THERE'S NO REASON AN ADULT NEEDS A VAPING DISGUISE.
A VAPING DEVICE THAT'S DISGUISED AS A USB DRIVE.
WE'RE ASKING THAT ADULTS TO MAYBE JUST TO HAVE A TINY, TINY BIT OF INCONVENIENCE TO SAVE 20%, 7% OF OUR HIGH SCHOOL POPULATION WHO WILL BE ADULTS AND THEY WILL BE ADDICTED TO NICOTINE BY THE TIME THEY'RE GROWN UP AT THE YARD ALREADY.
YOU KNOW, THIS IS JUST A DISASTER IN THE MAKING.
SO I'M GOING TO MAKE A PROPOSAL THAT WE ASKED THE STAFF TO COME BACK WITH THE ORDINANCE THAT WOULD BAN ALL OF THE DEVICES THAT ARE DESIGNED TO DECEIVE THE TEACHERS AND THE PARENTS THAT LOOK LIKE SOMETHING OTHER THAN A VAPING DEVICE.
AND WE HAVE THE MAJORITY OF THE PEOPLE IN THE VAPING BUSINESS THAT THINK THAT'S A GOOD IDEA.
SO I THINK THIS IS A GREAT COMPROMISE.
YOU KNOW, WE'VE LISTENED TO THE VAPING PEOPLE.
MOLLY, I REALLY APPRECIATE YOUR COMMENTS.
A VERY INFORMED, I THINK YOU'RE A REALLY GREAT PERSON.
SO, UH, THAT WILL BE MY, UH, THAT WILL BE MY, UH, MOTION SECOND AS MU MOSHE SECOND.
UM, AS A POINT OF ORDER, I WOULD ASK THAT THE OTHER COUNCIL MEMBERS HAVE A CHANCE TO WEIGH IN BEFORE WE VOTE.
WOULD YOU BE COMFORTABLE WITH THAT? I'M FINE WITH THAT, STEVE.
OR, WELL, ANYTIME GOVERNMENT CREATES AN ORDINANCE, YOU HAVE TO LOOK AT UNINTENDED CONSEQUENCES.
DO YOU SOLVE ONE PROBLEM AND CREATE ANOTHER.
SO I ALWAYS KIND OF THINK THAT WAY.
UM, I AM CONCERNED THAT THE VAPING STORES ARE BEING DEMONIZED, UH, BECAUSE I THINK MY UNDERSTANDING IS THEY SELL A WATER BASED PRODUCT, UH, WHICH IS DIFFERENT THAN THINGS THAT YOU GET ONLINE OR NOT IN RETAIL STORES, WHICH ARE, ISN'T AN OIL BASED PRODUCT AND IS THE OIL BASED PRODUCT, WHICH IS INCLUDING THE VITAMIN E ACETATE, WHICH IS CREATING WHAT'S, UH, COMMONLY KNOWN AS WET LUNG TIMES HAVE CHANGED NOW WHEN SOME OF US WERE KIDS, WE, WE'D GO TO SEVEN 11 BUY THOSE LITTLE CIGARETTE PACKS WITH THE CANDY CIGARETTES AS A LITTLE STICK OF SUGAR THAT YOU WOULD BLOW ON AND POWDERED SUGAR WOULD COME OFF AND YOU JUST FELT REAL COOL FOR SPOKEN A CANDY CIGARETTE.
AND NOW HERE WE ARE TALKING ABOUT 12 YEAR OLDS WITH A, A FAKE USB, YOU KNOW, SMOKING NICOTINE.
SO IT'S, IT'S TOO BAD THAT WE'VE DEVOLVED THAT WAY.
UH, I'M CONCERNED ABOUT THE RIGHTS OF PEOPLE.
I'M CONCERNED ABOUT PARENTAL RIGHTS AND RESPONSIBILITIES TOWARDS THEIR KIDS AND OVERREACHING THERE.
I'M CONCERNED ABOUT RESTRICTING ADULTS RIGHTS TO WHAT IS NOW ILLEGAL, A LEGAL PRODUCT STILL UNTIL THE FDA SAYS NO MORE.
AND UH, IN THE RETAIL STORES, I THINK THEY HAVE A LOT TO LOSE BY SELLING BAD PRODUCT.
THEY, THEY LOSE THEIR STORE, THEY LOSE THEIR INVESTMENT, THEY LOSE THEIR RENT.
WHEN YOU BUY ONLINE, THAT PERSON HAS NO LIABILITY, NO TRYING TO GO AFTER SOMEBODY WHO SELLS STUFF ONLINE.
AND THAT'S WHERE THE, THAT'S WHERE THE SCARY STUFF IS.
SO I'M REALLY GET CONCERNED ABOUT BANNING PRODUCT IN RETAIL STORES, TAKES AWAY THE RIGHTS OF ADULTS WHO I DO BELIEVE HAVE A RIGHT TO WEAN THEMSELVES OFF OF SMOKING OR JUST ENJOY IT BECAUSE THEY ENJOY IT AND IT DOESN'T SOLVE THE PROBLEM.
YOU CAN STILL GET THIS PRODUCT IN A NON RETAIL ENVIRONMENT AND THAT'S WHAT KIDS ARE DOING IN MANY CASES.
SO I DON'T THINK A BAN ON THE PRODUCT IN RETAIL STORES SOLVES THE PROBLEM.
I THINK IT ONLY PUSHES PEOPLE TOWARDS A MORE ILLICIT SOURCE THAT CAN BE VERY DANGEROUS
[02:10:01]
FOR EVERYBODY, INCLUDING KIDS.AS FAR AS THESE, UH, I'LL CALL THEM CARRIERS, UH, OR, UH, DISGUISE CARRIERS.
I, I DON'T BELIEVE IT SOLVES THE PROBLEM.
WE CAN SAVE, WE'LL STOP SELLING IN RETAIL STORES, BUT PEOPLE WILL GET THEM FROM ONLINE SOURCES.
THEY'LL GET THEM FROM FRIENDS, THEY'LL GET THEM FROM SOCIAL MEDIA.
SO I CONCERN THAT A BAN IS SYMBOLIC.
IT DOESN'T REALLY ADDRESS HOW PEOPLE GET THINGS, WHICH IS PROBABLY MORE OFTEN NOT IN A RETAIL ENVIRONMENT.
UH, BUT I, I DON'T, I DON'T KNOW OF AN UNINTENDED CONSEQUENCE OF A BAN.
MY ONLY CONCERN WOULD BE IS IF WE BAN THE CARRIERS, DOES THAT PUSH PEOPLE TOWARDS A MORE NEFARIOUS SOURCE? AND NOW YOU'VE GOTTEN INTO A BIGGER PROBLEM THAN JUST BUYING A FAKE USB.
NOW THEY'RE ACTUALLY BUYING BAD PRODUCT FROM THAT PERSON.
CAROL, WHY DON'T WE LET EVERYBODY GO THROUGH IT? I'LL GIVE YOU THE FINAL SAY.
I TEND TO AGREE WITH THE CONCERN OF, AND THE QUESTION THAT WE'RE DEALING WITH HERE IS HOW DO WE PROTECT CHILDREN WHILE NOT LIMITING PEOPLE'S RIGHTS.
AND I HAVE A GOOD FRIEND THAT I SPOKE TO REGARDING THIS TOPIC.
COAST GUARD VETERANS SMOKED IS IN, UH, SINCE HE WAS 16 YEARS OLD AND HE KICKED THE HABIT THROUGH E-CIGARETTES AND NOW HE DOESN'T SMOKE ANYMORE.
NINE YEARS HE USED IT, WHICH IS AN ODD TERM BECAUSE THAT'S HOW LONG YOU USED IT.
UM, AND UM, I DON'T, I DON'T, I DON'T, I STEVE, I YOU PUT IT VERY WELL.
I DON'T KNOW IF THE SOLUTION THAT WE'RE PRESENTING IS GOING TO SOLVE THE ISSUE.
AND ONE QUESTION, I DON'T KNOW IF WE, DO WE KEEP OUR, DOES THE SCHOOL DISTRICTS IN OUR DISTRICT KEEP DATA OF THE INCIDENCES, UM, WHERE VAPING PRODUCTS ARE CONFISCATED ON CAMPUS BECAUSE IF WE'RE GOING TO IMPLEMENT ANY KIND OF POLICY, I'M A FIRM BELIEVER OF REVIEWING THAT POLICY TO SEE IF IT'S ACTUALLY AFFECTING WHAT WE INTEND TO EFFECT.
UM, SO DID YOU KNOW THAT STAFF ARE UNAWARE, YOU'RE AWARE OF HOW THEY DEAL WITH, WHEN THEY CONFISCATED DEVICE, WHAT THE PENALTY IS OR IS NOT AND OR WHAT POLICIES THEY HAVE.
AND IS, WOULD THAT BE A, WITH REGARD TO A PENALTY FOR THE MINOR, IS THAT A STATE LAW THAT WOULD NEED TO OCCUR? UM, SOME KIND OF, IT'S SIMILAR TO A MINOR USING ALCOHOL OR A MINOR CALL WITH CIGARETTES.
IT SOUNDS LIKE THERE'S A STATE LAW THAT PROHIBITS THE SALES OR USE BY MINORS OF, UM, ELECTRONIC VAPING DEVICES JUST AS THERE IS FOR TOBACCO AS IT SHOULD BE FOR THE AGE NOW FOR TOBACCO SALES.
AND I THINK FOR A VAPING IS 21 YEARS.
SO THERE, THERE MUST BE SOMETHING.
I HAVEN'T LOOKED INTO IT, BUT THERE MUST BE SOME STATE LAW THAT ALSO CONTROLS THAT FOR MINORS.
UM, THOUGH IF ALCOHOL PD, I THINK GARY HASN'T ANSWERED YOUR QUESTION.
PHIL, I DO HAVE AN ANSWER FOR YOU.
UH, THE STATE, I KNOW THIS BECAUSE OF THIS.
THE, THE STINGS, THEY DON'T HAVE TO GO TO GET SPECIAL PERMISSION ANYMORE TO DO WHEN THE KIDS COME IN AND TRY TO BUY TOBACCO.
UM, AND UH, THAT THE, THERE IS NO, THE BURDEN BY THE STATE HAS BEEN SHIFTED TO THE RETAILER FOR THOSE.
IT'S NOT ACTUALLY THE KID CAN'T GET IN TROUBLE FOR BUYING TOBACCO ESSENTIALLY.
AND YOU KNOW, UH, AND I ACTUALLY AGREE WITH THAT BECAUSE I THINK THE BURDEN SHOULD BE ON AN ADULT.
IT'S SELLING THEM THE ILLEGAL PRODUCT, BUT 70%.
WE HAD SOMEONE HERE TO TESTIFY THAT 70% OF THE SALES TO CHILDREN, UH, ARE FROM LOCAL RETAILERS.
SO I'M JUST LOOKING TO SEE, I DON'T THINK IT'S THAT BIG OF A DEAL TO HAVE AN ADULT, NOT BY THE, YOU KNOW, AN APPLE WATCH THAT THAT'S ACTUALLY HIDDEN VAPING DEVICE OR A HOODIE THAT'S HIDDEN VAPING DEVICE OR SOMETHING THAT, THAT'S A, THAT LOOKS LIKE A U UBS USB DEVICE.
AND, AND SEE THE PROBLEM IS WE'VE GOT 27% OF THE HIGH SCHOOL KIDS VAPING.
AND WE'RE ASKING FOR JUST A TINY PERCENT OF THE ADULTS TO,
[02:15:01]
UH, USE SOMETHING THAT DOESN'T LOOK LIKE A USB.SO THAT'S A SMALL PRICE TO PAY, YOU KNOW, JUST FOR THAT, JUST LIKE WE HAVE THE, UH, YOU KNOW, ADULT BOOKS AND MAGAZINES HAD TO BE IN A STORE THAT'S 660 FEET AWAY FROM A SCHOOL OR A CHURCH TO PROTECT THE KIDS.
YOU KNOW, THAT'S PART SOMETIMES IT'S A SLIGHT BIT OF CONVENIENCE.
YOU KNOW, WE'RE TALKING A PROBLEM, WE'RE TALKING TO PRODUCT THAT THAT WILL MAKE THEM ADDICTED FOR THE REST OF THEIR LIVES.
I MEAN, EVEN, EVEN IF WE SAY THEY DON'T HAVE THE VITAMIN E ACETATE IN IT AND IT DOESN'T KILL YOU, LIKE THE 2000 PEOPLE THEY KILLED OR THOUSANDS OF THAT'S BEEN, UH, HOSPITALIZED, IT'S STILL A REALLY BAD THING.
AND TO JUST A SLIGHT TWEAK IN THE ORDINANCE, WHICH IS WAY LESS THAN WHAT THE COUNTY IS DOING.
I'M IN THE COUNTY, IT LOOKS LIKE THEY'RE GOING TO BAN, THEY'VE ALREADY VOTED TO HAVE AN ORDINANCE COME BACK TO COMPLETELY BAN VAPING DEVICES AND PUT THEM RIGHT.
AT LEAST BANNED THEM FOR A MORATORIUM FOR ABOUT SIX MONTHS AND TO COMPLETELY BAN THE FLAVOR DEVICES.
WE'RE NOT EVEN TALKING TO DOING THAT.
THE COUNTY IS DOING THIS MUCH.
I'M TALKING ABOUT DOING THIS MUCH.
OH, I DON'T THINK PHIL IS FINISHED AFTER HIS PHIL'S DONE.
I'LL, I, I, I UNDERSTAND AND I DON'T, I WILL, I WOULD LIKE TO SEE, UM, HOW, HMM.
I LIKE TO SEE DATA, I LIKE TO MAKE MY DECISIONS BASED ON DATA AND, AND UM, IT'S, I DON'T KNOW THAT WE'VE SEEN DATA FROM THE SCHOOL DISTRICTS OF WHAT THE CURRENT NUMBERS ARE WITH REGARD TO USE IN OUR DISTRICT AND THEN BE ABLE TO SEE THE REDUCTION IN USE WITH A HYPOTHETICAL ORDINANCE.
THE GOVERNMENT IS A SWORD AND I'M JUST VERY CAUTIOUS WHEN I USE IT.
AND, UH, I GUESS I'LL JUST LEAVE IT AT THAT.
SO MR. FOLEY, THIS IS A QUESTION THAT THE VAPING CARRIERS, YOU KNOW, WHEN I SAY CARRIER I ME THE DEVICE TO, TO, TO COVER A JEWEL OR SOMETHING OR AN IPHONE CASES.
ARE THOSE CONSIDERED, UH, COVERED UNDER VAPING PRODUCTS? WHOSE WAS THAT PART OF YOUR QUESTION? I'M NOT SURE WE HAVE IT DEFINED THAT WAY YET IN OUR CODE.
I GUESS WHAT I'M SAYING IS IF YOU DEFINE THE CARRIERS AS PART OF THE VAPING PRODUCT, THEN IT'S ILLEGAL TO SELL THAT CARRIER TO ANYBODY UNDER 21.
IT'S CONSIDERED THE SAME AS ANY OTHER VAPE JUICE, VAPE, VAPE DEVICE VAPE ACCESSORY PROBABLY IS A GOOD WORD.
AND INSTEAD OF A BAN, IF IT'S JUST INCLUDED IN ALL THOSE THINGS, WHICH ARE ILLEGAL TO SELL TO PEOPLE UNDER 21, DOES THAT ACCOMPLISH THE PURPOSE? WELL I THINK, I THINK OUR ORDINANCE DOES REFER TO ELECTRONIC VAPING DEVICES IN A, UH, UH, TOBACCO RETAIL LICENSING, BUT IT'S ONLY FOR THE PURPOSES OF REGULATING AND LICENSING WHAT KIND OF STORES, UM, WOULD BE, UM, SUBJECT TO OUR LICENSING REGULATIONS AND PENALTIES FOR VIOLATING VIOLATING THE CELLS.
SO I THINK I'D HAVE TO LOOK IT UP HERE, BUT I THINK IT DOES INCLUDE THE DEFINITION OF ELECTRONIC VAPING DEVICES AS WELL AS TOBACCO PRODUCTS IN THOSE TYPES OF, UH, DESCRIPTIONS.
WHILE MR
UNDER THE DEFINITION, IT DOES SAY THAT ELECTRONIC VAPOR DEVICES MEANS ANY DEVICE WITH A HEATING ELEMENT, A BATTERY OR ELECTRONIC CIRCUIT.
SO I THINK IT DOES EXCLUDE WHAT YOU'RE REFERRING TO MR GOBLE AS SORT OF A DISGUISING DEVICE.
UM, OUT IN OUR CURRENT DEFINITION.
I'M JUST WONDERING IF IT'S A LEGAL, IF IT IS LEGAL TO INCLUDE ACCESSORIES AS A DEFINITION WITH THE ELECTRONIC NICOTINE DELIVERY.
S E N D S OR WHATEVER IT'S CALLED.
AGAIN, I THINK ANY ONE OF THESE DEVICES HAVE TO HAVE A HEATING ELEMENT AND THAT'S THE INDUSTRY OUT THERE.
AND SO IT'S EITHER SMALL BATTERIES THAT HEAT IT OR IT'S THE LARGE BATTERIES THAT HEATED.
SO THEY WOULD FALL WITHIN THIS DEFINITION, UH, OF, UH, UH, UNDER OUR, UH, TOBACCO RETAIL LICENSING ORDINANCE.
LET ME USE THE METAPHOR A DIFFERENCE BETWEEN THE IPHONE AND THE IPHONE COVER.
WE KNOW THAT, UH, THE, THE IPHONE IS THE, UH, HEATING ELEMENT DEVICE.
I'M SAYING THE IPHONE COVER, WHICH COVERS THE HEATING DEVICE.
THAT SOUNDS LIKE THAT'S NOT CURRENTLY COVERED IN OUR MUNICIPAL CODE.
BUT I'M NOT QUITE SURE, AND I, I DON'T KNOW ENOUGH ABOUT THESE PRODUCTS.
I'M NOT QUITE SURE IF THESE ARE COVERS
[02:20:01]
AS YOU SAY, CARRIERS AS OPPOSED TO THE ACTUAL VAPING DEVICE ITSELF.THAT'S SOMETHING WE'D HAVE TO LOOK AT.
I DON'T HAVE AN ANSWER FOR YOU BECAUSE I DON'T UNDERSTAND IT.
I THINK AGAIN, AND I DON'T UNDERSTAND IT FULLY EITHER.
I'VE DONE ENOUGH YOUTUBE SEARCHING TO PREPARE FOR THIS PRESENTATION.
SO FOR EXAMPLE, THE IPHONE IS AN ACTUAL DEVICE.
IT HAS A BATTERY IN IT THAT YOU CAN ACTUALLY HIT A TAKE A PUFF OFF OF THAT.
SO THAT WOULD CLEARLY BE IN MY MIND DEFINED AS A DEVICE.
THE USB PORT SLEEVE THAT WE SHOWED THAT WAS JUST A SLEEVE, IN FACT, YOU COULD ARGUE, MAKE THE ARGUMENT THAT IT'S TO KEEP PAPERCLIPS TOO, RIGHT? I MEAN, UM, THAT WOULD BE, THAT WOULD BE MAYBE MORE DIFFICULT TO DEFINE WITHOUT BEING VAGUE, BUT THERE ARE PROBABLY SOME DEVICES THAT ARE USED FOR DISGUISING PURPOSES THAT DO NOT HAVE THE HEATING ELEMENT THAT DO NOT HAVE THE, THE DEFINITION OF A DEVICE THAT WE CURRENTLY HAVE BECAUSE THEY ARE JUST USED FOR THAT AS, AS A CAMOUFLAGE, NOT AS A DEVICE THAT LOOKS LIKE SOMETHING ELSE.
I'M TRYING TO DISTINGUISH BETWEEN THE CARRIER, THE NON HEATING ELEMENT COVER THAT COVERS UP ONE OF THOSE DEVICES VERSUS A COUNTERFEIT IPHONE, WHICH REALLY ISN'T A HEATING ELEMENT.
AND THIS IS THE CONFUSION THAT I THINK WE HAVE IN TRYING TO DEFINE THESE THINGS.
OR DID YOU WANT TO SAY SOMETHING ELSE? UM, YOU KNOW, IF WE DON'T DO SOMETHING AND I THINK AT THE MINIMUM, UH, BANNING THESE LOOK ALIKE DEVICES AND SOME GOOD KID DIES, I'M GONNA FEEL REALLY BAD OR, UH, YOU KNOW, SO I THINK THERE'S THE BARE MINIMUM, UH, THAT WE SHOULD DO.
THE OTHER THING IS, UH, WE CAN DO AN ORDINANCE THAT HAS A SUNSET CLAUSE, SO IT RUNS OUT WHEN THE FDA COMES UP WITH THEIR RULES.
AND THAT'S WHAT MAY 20TH OR SOMETHING LIKE THAT.
AND THEN IN THE MEANTIME WE ASKED TO THE SCHOOL DISTRICTS FOR DATA TO SEE IF THIS UH, REDUCES THINGS.
OH, YOU HAVE A MOTION ON THE TABLE IN A SECOND.
IF YOU WANT TO MAKE A DIFFERENT MOTION, YOU CAN RE YOU CAN RESCIND YOUR MOTION AND MAKE A DIFFERENT MOTION.
SO I'LL UH, RESCIND THAT MOTION AND MAKE A MOTION THAT WE DO AN UH, WE ASKED THE, UH, CITY STAFF TO COME BACK WITH SOME ORDINANCES, US TO CHOOSE FROM THAT UH, WOULD, UH, BAND TO LOOK LIKE DEVICES.
AND THAT WOULD BE THE U S SPECIFICALLY THE USB LOOK LIKE DEVICES THAT CAN BE USED AS ELECTRONIC CIGARETTES.
AND IN THAT, AND ONE OF OUR OPTIONS WOULD BE HAVE A SUNSET CLAUSE AND ALSO TO GET SOME, UH, INFORMATION FROM THE SCHOOL DISTRICTS.
OBVIOUSLY IF THE CALIFORNIA PTA, THE ELEMENTARY SCHOOL DISTRICT, HIGH SCHOOL DISTRICT SHADOW MOUNTAIN SCHOOL DISTRICT, FOOTHILLS SCHOOL DISTRICT WRITES US A LETTER SAYING, DO SOMETHING, I REALLY FEEL WE HAVE AN OBLIGATION TO DO SOMETHING OR AT LEAST EXPLORE A LITTLE BIT MORE.
AND WE HAD TESTIMONY THAT 70% OF THE KIDS THAT BUY IT BUY IT RETAIL.
GOSH, IF WE COULD REDUCE THE PROBLEM BY 70%, THAT'D BE INCREDIBLE.
SO HE HAD THAT MOTION, UH, THAT, THAT WILL BE MY MOTION FIRST.
I THINK YOU NEED A SECOND MR MCCLELLAN FIRST TO WITHDRAW HIS SECOND ON THE FIRST MOTION AND I'LL, I'LL SECOND THE NEW MOTION.
UM, I'M GOING TO BE VOTING NO ON THIS MOTION.
I'LL TELL YOU WHY IT'S NOT CAUSE I'M IN FAVOR OF SMOKING.
I'M NOT, I'M NOT IN FAVOR OF SMOKING.
I'M NOT IN FAVOR OF, UH, VAPING.
I'M NOT IN FAVOR OF MARIJUANA.
I THINK AS A HEALTHCARE PROFESSIONAL, I SPENT ALL MY LIFE.
I, I'M REALLY NOT IN FAVOR OF PUTTING ANYTHING INTO YOUR LUNGS THAT, THAT, UH, IS THAT ERROR.
IT JUST, UM, BUT HAVING SAID THAT, I'M ALSO AMERICAN AND I BELIEVE A LOT IN FREEDOM AND I'M VERY AFRAID OF WHAT A TREND I SEE IN THIS COUNTRY IS OF, OF SLOWLY GIVING AWAY OUR FREEDOMS FOR SAFETY.
UM, IN ORDER TO PUT IN PERSPECTIVE, THE CDC SAYS, 39 PEOPLE HAVE DIED FROM VAPING IN 24 DIFFERENT STATES.
THIS LAST YEAR WE HAD 5,500 PEOPLE KILLED IN MOTORCYCLE DEATHS.
WE HAD 40,000 PEOPLE KILLED IN AUTOMOBILE DEATHS.
300,000 PEOPLE WILL DIE THIS YEAR FOR OBESITY RELATED ILLNESSES.
NOW, IF WE'RE GOING TO USE THE LOGIC THAT WE HAVE TO PROTECT KIDS FROM THEMSELVES BECAUSE THEY'RE GOING TO GO OUT AND DO SOMETHING STUPID AND THEY'RE GOING TO GET ADDICTED TO NICOTINE, THOUGH, LET'S GO AFTER THE BIG ONE.
[02:25:01]
SAY, YOU KNOW, 65% OF KIDS DRINK A COKE COLA EVERY DAY AND 25% OF KIDS HAVE A CANDY BAR EVERY DAY.SHOULDN'T WE BE GOING AFTER ANYBODY WHO'S TRYING TO KILL OUR KIDS BY GIVING THEM COCA-COLA OR CANDY BARS? OF COURSE, THAT'S KIND OF AN ABSURDITY BECAUSE WE ACCEPT ADDICTION TO SUGAR, JUST LIKE ACCEPT ADDICTION TO ALCOHOL, BUT THERE'S PROBABLY NO SUBSTANCE KNOWN TO MAN THAT'S KILLED MORE PEOPLE THAN ALCOHOL.
AND YET WE, WE ACCEPT IT BECAUSE WE'VE DECIDED THAT AS A, AS A COUNTRY THAT PEOPLE HAVE THE RIGHT TO DO THAT BECAUSE THEY'RE FREE.
EVEN THOUGH I THINK IT'S A VERY BAD THING TO DO.
I THINK IT'S A REALLY, REALLY BAD IDEA.
AND JUST SO YOU DON'T THINK I'M A LITTLE OVER THE TOP HERE, I WANT YOU TO THINK ABOUT SOME OF THE OTHER FREEDOMS THAT, THAT POLITICIANS AND POLITICAL PEOPLE ARE TRYING TO TAKE RIGHT NOW.
THERE IS A PROPOSAL RIGHT NOW BY CORY BOOKER AND, AND, UH, UH, CONGRESSPERSON OR CORTEZ.
THEY, THEY WOULD LIKE TO PREVENT THE EATING OF MEAT.
THEY WOULD LIKE TO MAKE IT ILLEGAL TO EAT MEAT BECAUSE IF WE HAVE COWS, COWS, WOLFE HAVE FLATULENCE AND FLATULENCE WILL, UH, PROVIDE MORE GLOBAL WARMING AND WE'RE ALL GONNA DIE FROM GLOBAL WARMING.
SO THEY, THEY HONESTLY BELIEVE IT'S A MATTER OF LIFE AND DEATH IF THAT WE SHOULD BE STOPPED FROM EATING MEAT.
UM, THERE WAS A LAW THAT ALMOST PASSED LAST YEAR IN CALIFORNIA THAT WOULD HAVE BAM, THE BIBLE BECAUSE IT OFFENDED PEOPLE IN THE LGBT COMMUNITY THERE.
UM, THERE ARE COUNTRIES ALL OVER THE WEST RIGHT NOW THAT ARE MAKING IT AGAINST THE LAW TO USE GENDER PRONOUNS THAT ARE NOT CONSISTENT WITH WHAT SOMEBODY WANTS THEIR GENDER PRONOUNS TO BE BASICALLY COMPELLING SPEECH AND TELLING PEOPLE THAT YOU CAN BE IMPRISONED OR SUED BECAUSE OF WHAT YOU SAY OR WHAT YOU THINK OR BECAUSE YOU DON'T GO ALONG WITH WITH WHAT THE, UH, WHAT THE CROWD SAYS YOU NEED TO GO ALONG WITH RIGHT NOW.
SO I, I, I DON'T WANT KIDS TO SMOKE.
I DON'T WANT KIDS TO HAVE, UH, SPECIAL CONCEALED THINGS AND IT'S IRRITATING AND YOU KNOW, WE SHOULD, WE SHOULD, AS PARENTS, I THINK WE SHOULD REALLY WORK ON STOPPING THAT.
BUT I REALLY THINK IT'S A DANGEROUS, SLIPPERY SLOPE TO START DOLING OUT OUR FREEDOMS AND SAYING, JUST TAKE THIS FREEDOM AND JUST TAKE THAT FREEDOM TO JUST TAKE THAT FREEDOM BECAUSE IT'S FREEDOMS I DON'T CARE ABOUT.
BUT WHAT HAPPENS WHEN THEY COME AFTER YOUR BIBLE NEXT YEAR OR THEY COME AFTER YOUR MEET THE YEAR AFTER THAT OR THEY COME AFTER MY SODA, WHICH I SADLY AM ADDICTED TO AND LOVE.
UM, I WANT TO, I WANT TO, BY THE WAY, I WANT TO QUIT DRINKING SODA AS I'VE MADE.
I'VE BEEN A FEW GOOD, GOOD STABS AT IT, BUT I SURE DON'T WANT THE GOVERNMENT TO TELL ME I HAVE TO.
SO THAT'S WHY I'M GOING TO VOTE NO, AND I, I GET ALL THE REASONS FOR DOING IT.
I THINK EVERYBODY COMES AT THIS FROM A POINT OF LOVE AND A POINT OF, OF CARING ABOUT THE COMMUNITY.
I, IT'S JUST A DIFFERENCE OF OPINION.
AND TO ME FREEDOM IS PRETTY IMPORTANT.
WELL, FIRST OF ALL, I'M NOT, I'M NOT ADVOCATING BENDING THE BIBLE OR ANY OF THOSE OTHER THINGS.
TOBACCO IS ACTUALLY THE ONLY LEGAL PRODUCT THAT WHEN USED AS DIRECTED, IT WILL KILL YOU AND IT CAN KILL THE PEOPLE AROUND YOU.
IT KILLS 450,000 PEOPLE A YEAR.
SECONDHAND SMOKE KILLS ABOUT $41,000 A YEAR.
I'M TALKING ABOUT STOPPING THE SALE OF DEVICES.
THERE'S, THEY'RE SPECIFICALLY DESIGNED TO TRICK THE PARENTS AND THE TEACHERS TO ALLOW KIDS TO USE AN EXTREMELY DANGEROUS PRODUCT.
THAT'S THE ONLY THING I'M TALKING ABOUT.
SO I'LL, I'LL LEAVE IT AT THAT.
HOW, HOW DOES THIS BAND SOLVE THE PROBLEM? THAT'S WHAT I, I'M TRYING TO GET MY HANDS AROUND.
WELL, WE HAD TESTIMONY THAT 70% OF THE SALES, UH, TO MINERS ARE, ARE LOCAL OR FROM LOCAL RETAILERS.
ACTUALLY, I DON'T THINK IT'S THE, THE VAPING PEOPLE ARE SELLING THAT.
I THINK IT'S THE, SOME OF THE OTHER RETAILERS THAT SELL 10 OR 12 OF THOSE DIFFERENT DEVICES, BUT IF IT'S THE RETAILER SELLING IT, IT'S ILLEGAL TO DO SO.
AND ISN'T THE PUNISHMENT, THE RIGHT COURSE OF ACTION THERE RATHER THAN TO BAN THE PRODUCT, WHICH TAKES ALL OF THE ADULT'S RIGHTS.
CLEARLY WHAT WE'RE DOING NOW ISN'T WORKING.
NOW WE CAN, UH, UH, UH, DOUBLE NUMBER OF STINGS.
I KNOW THAT THE NMA, UH, INFLUENCED THE STATE LAW WHEN THEY SAID, OH, THE, IT'S OKAY FOR THE KID ON THE STATE DONE THE STATE LEVEL AND THE STATE STINGS.
THE KID CAN LIE AND SAY, UH, YEAH, I'M, THE KID CAN'T LIE.
WHEN A KID COMES IN TO BUY A TOBACCO PRODUCT,
[02:30:01]
THE KID SAYS, UH, HE, HE'LL SAY, OH, OF COURSE I'M 21.BUT BECAUSE THE INFLUENCE, UH, UH, FROM THE NMA, WHEN THEY'LL ALWAYS DESIGNED IT, THE STATE, THEY'RE NOT ALLOWED TO LIE.
SO THAT WAY THEY KNOW THAT, UH, THE KID CAN, UH, THE KID IS A STING OPERATOR IF THEY SAY, ARE YOU 21? AND HE SAYS, NO, I'M NOT 21.
SO THAT'S, THAT'S BEEN MY EXPERIENCE OVER THE LAST 15 YEARS.
I, YEAH, I DON'T WANT TO DAMPEN THE DEBATE, BUT I IS THERE ANY MORE INFORMATION THAT WE DON'T HAVE OR I DON'T THINK SO.
OKAY, LET'S, LET'S VOTE ON IT.
THERE'S A MOTION AND A SECOND ON THE TABLE.
UM, AND, AND WE'RE RUNNING, THIS IS TO COME BACK WITH A POSSIBLE JUST THE SIX, UH, S ONE OF THE OPTIONS WE GET SIX MONTH A SUNSET CLAUSE TILL THE FDA STEPS IN.
MOTION ON THE TABLE WITH A SECOND, PLEASE VOTE.
WELL, MOTION FAILS BY A THREE.
TWO VOTE WITH ORTIZ GOBLE AND WELL'S VOTING.
HOW WOULD THE COUNCIL LIKE FIVE MINUTES TO TAKE CARE OF WHATEVER THEY HAVE TO TAKE CARE OF.
UM, WE'RE GOING TO TAKE A SHORT BREAK.
WE'LL COME BACK IN ABOUT FIVE MINUTES TO CONTINUE WITH THE MEETING.
[16. El Cajon Tobacco Retailer's License Ordinance RECOMMENDATION: That the City Council considers the proposed modifications to the El Cajon Tobacco Retailer's License Program by: Introducing the Ordinance (attached), and Requesting that the City Clerk recite the title of the Ordinance; and Directing that the second reading of the Ordinance be scheduled for December 10, 2019.]
SOME OTHER BASIC CLEANUP LANGUAGE THAT YOU SEE THROUGHOUT AND THEN THE CHANGES TO PENALTIES, WHICH I'LL, I'LL ENUMERATE RIGHT NOW.SO THIS, UM, TABLE SHOWS WHAT THE CURRENT POLICY IS AND WHAT THE RECOMMENDED POLICY BASED ON THE CITY COUNCIL DIRECTION FROM THE LAST MEETING.
UM, THE CURRENT POLICY FOR A FIRST TIME VIOLATOR WITHIN A FIVE YEAR PERIOD IS A 30 DAY SUSPENSION OR THEY THE RETAILER CAN OPT TO PAY A $1,000 FINE.
THE NEW RECOMMEND OR THE RECOMMENDED POLICY CHANGE IS NO SUSPENSION, BUT WITH AN AUTOMATIC $2,500 FINE FOR THE SECOND VIOLATION, WHICH WOULD, UM, WHICH WOULD BE IN A THREE YEAR PERIOD, NOT A FIVE YEAR PERIOD.
SO IT ACTUALLY IS A BENEFIT TO THE RETAILER REDUCES TWO YEARS OUT OF THAT.
THAT UM, CONSIDERATION TIME WOULD BE AN AUTOMATIC 90 DAY SUSPENSION.
CURRENTLY IT'S AN AUTOMATIC DAY SUSPENSION WITH A $1,000 FINE.
IF THAT SECOND VIOLATION OCCURRED WITHIN ONE YEAR OF THE FIRST VIOLATION.
SO IF THREE YEARS LATER IN THAT FIVE YEAR PERIOD, UM, HAS FOUND SELLING TOBACCO TO A MINOR OR TO A UNDERAGE INDIVIDUAL, THEY WOULD AUTOMATICALLY RECEIVE THE 90 DAY SUSPENSION.
BUT THE $1,000 FINE WOULD NOT KICK IN BECAUSE IT DID NOT HAPPEN WITHIN THAT FIRST YEAR OF THE FIRST INFRACTION.
SO, UM, STA, OUR COUNCIL GAVE DIRECTION TO STAFF TO IMPLEMENT A REDUCED SUSPENSION FROM 90 TO 30 DAYS, BUT AN AUTOMATIC $2,500 FINE REGARDLESS OF WHEN THAT OCCURRED, WHETHER IT WAS A FIRST YEAR OR WITHIN THAT THREE YEAR WINDOW, UH, THE THIRD YEAR SUSPENSION, CURRENTLY THERE'S A ONE YEAR SUSPENSION AFTER THIRD YEAR, A THIRD VIOLATION AND A THOUSAND DOLLAR FINE.
AGAIN, IF IT'S WITHIN THE FIRST YEAR OF THE FIRST, UH, VIOLATION, UH, HAS BEEN MODIFIED TO A 60 DAY SUSPENSION WITH AGAIN A $2,500 FINE.
AND THEN LIKE THE CURRENT, UM, PR, UM, PROGRAM.
THE FOURTH VIOLATION IS REVOCATION OF LICENSE AND WE'VE ADDED THE ABILITY TO CHARGE A $2,500 FINE DURING THAT PERIOD OF TIME AS WELL.
I SHOULD NOTE THAT THE ORDINANCE ALSO SPECIFICALLY STATES THAT IF THERE IS A VIOLATION THAT THE CITY HAS THE ABILITY TO CONDUCT TWO ADDITIONAL COMPLIANCE CHECKS WITHIN THE NEXT YEAR AFTER THAT FIRST VIOLATION HAS OCCURRED.
UM, SO AFTER YOU HEAR TESTIMONY FROM THE PUBLIC AND HAVE A DISCUSSION, STAFF WOULD RECOMMEND THAT YOU INTRODUCE THE ORDINANCE AND THEN WE WOULD REQUEST THAT THE CITY CLERK RECITE THE TITLE OF THE ORDINANCE AND THE DIRECT THAT THE SETTING SECOND READING
[02:35:01]
OCCUR ON DECEMBER 10TH, 2019.UH, DURING THE DISCUSSION, I'LL LEAVE THIS UP UNLESS THERE'S OTHER TOPICS YOU WANT TO TALK ABOUT.
UM, DO WE HAVE ANY
THE FIRST ONE IS JULIE ELKINS.
AS HE SAID, MY NAME IS, SHE SAID, MY NAME IS JULIE ELKINS AND I AM A RESIDENT OF EL CAHONE MINISTER BY VOCATION.
I AM A MOM AND A WIFE AND A GRANDMA OF TWO.
I'M SURE EVERYONE SAYS THAT, UM, CHILDREN, BUT I'M ALSO A LEGISLATIVE AMBASSADOR FOR THE AMERICAN CANCER SOCIETY CANCER ACTION NETWORK, THE ADVOCACY AFFILIATE OF AMERICAN CANCER SOCIETY.
UM, I'M HERE TO SAY THAT I THANK YOU FOR, UM, WORKING ON PROPOSING STRONGER TOBACCO RETAIL LICENSING POLICIES THAT THE AMERICAN CANCER SOCIETY CANCER ACTION NETWORK SUPPORTS TO KEEP ILLEGAL SALES TO MINORS DOWN.
WE URGE YOU TO VOTE YES ON THE PROPOSED ORDINANCE.
AS YOU WERE TALKING ABOUT IN THE LAST SECTION.
I AM CONCERNED THAT THE FLAVORED TOBACCO PRODUCTS ARE STARTING OUR KIDS ON A ROAD TO A LIFETIME OF ADDICTION.
MENTHOL FRUIT AND CANDY FLAVORED TOBACCO PRODUCTS ARE A KEY PART OF THE TOBACCO INDUSTRY STAT STRATEGY TO BAIT YOUTH TO BECOMING TOMORROW'S ADDICTS.
SO IT'S, THEY SELL THINGS SUCH AS COTTON CANDY.
I, THERE'S NOT A LOT OF ADULTS THAT WANT CANTON CANDY, TOBACCO OR LUCKY CHARMS. FLAVOR, UM, DOESN'T WORK REALLY WELL FOR ADULTS.
WHEN YOU DEVELOP A POLICY TO ADDRESS THE EPIDEMIC OF YOUTH ELECTRONIC CIGARETTE USE, REGULATE ALL FLAVORS AND ALL TOBACCO PRODUCTS, PLEASE DO NOT EXEMPT ANY FLAVOR TOBACCO PRODUCTS.
UM, AND I WOULD ASK THAT YOU, UM, YOU HAVE ALWAYS LED THE COUNTY IN STRONG TOBACCO RETAIL LAWS AND I HOPE YOU CONTINUE THAT TREND AND ADOPT WITH IT FLAVORED TOBACCO PRODUCT RESTRICTIONS AND INCLUDE THEM IN YOUR STRENGTHENED TOBACCO RETAIL LICENSE.
I KNOW THAT'S NOT PART OF THIS ONE, BUT I WOULD LIKE TO ENCOURAGE YOU TO CONTINUE TO DISCUSS THAT POSSIBILITY OF LOOKING INTO THAT.
I AM A CANCER SURVIVOR AND UM, COUNCILMAN GETTING KENDRICK, I REALLY, I'M IN SORRY FOR YOUR LOSS OF YOUR SISTER.
I WAS ALSO A YOUTH MINISTER FOR 14 YEARS AND I SAW THAT WHEN KIDS WERE COMING TO SMOKE, IT USED TO BE COOL AND THEN IT STOPPED BEING COOL.
AND THEN, UM, ELECTRONIC DEVICES STARTED COMING AND IT STARTED BECOMING COOL AGAIN AND WITH FLAVOR PRODUCTS AND CANCER IS NOT COOL.
THERE'S NOTHING COOL ABOUT CANCER AND I REALLY, REALLY, UM, CAN ASK YOU TO CONTINUE TO WORK ON STRONGER AND MORE RESTRICTIVE POLICIES ON TOBACCO AND OTHER TOBACCO PRODUCTS.
DO YOU HAVE ANY QUESTIONS? THANK YOU VERY MUCH.
GOOD LUCK MAKING YOUR NEXT MEETING.
UM, SO AS A MEMBER OF I'M CSV, I'M A NEW FACE AND I'M, AND I AM, WE ARE A CHAPTER OF THE NMA.
UM, AND I CAN ASSURE YOU THAT I WILL DO WHATEVER IT TAKES TO STOP THESE RETAILERS IN THIS AREA FROM SELLING TO UNDER AGE.
I'M ON A MISSION AND WHATEVER THAT LOOKS LIKE, I'LL MAKE IT HAPPEN.
WHATEVER POWER THAT I HAVE TO DO THAT.
UH, WE WERE HERE WHEN THIS WAS TALKED ABOUT.
THE ONE THING THAT WE WERE, UM, ASKING THAT MAYBE YOU COULD POSSIBLY CONSIDER AS A FIRST OFFENSE, UM, THAT IF THE, UM, EMPLOYEE AND ALL EMPLOYEES AND OWNER OF THAT STORE BE REQUIRED TO GO TO A STATE CERTIFIED TOBACCO, UM, UH, CLASS.
THEY TEACH THEM HOW TO CHECK IDS APPROPRIATELY, HOW TO TURN AWAY UNDER AGE SALES AND HOW TO SPOT, UM, STRAW MAN SALES AND HOW TO TURN THEM AWAY APPROPRIATELY.
UM, THAT IF THEY WERE TO GET IN COMPLIANCE WITH THAT AND PAY FOR THAT TRAINING AND REQUIRE ALL THEIR EMPLOYEES AND INCLUDING THEMSELVES TO, UM, HAVE THAT LICENSING OR THAT CERTIFICATE CERTIFICATE IN PLACE THAT POSSIBLY YOU COULD GIVE SOME SORT OF A, UM,
[02:40:02]
I DON'T KNOW WHAT DO YOU WANT TO CALL IT? A REFUND OR BOTH, YOU KNOW, OF 500 OR A THOUSAND DOLLARS BACK.LIKE IF YOU DO THIS PROGRAM, UM, AND ALL YOUR OF YOUR EMPLOYEES ARE CERTIFIED, THEN WE, WE UNDERSTAND THAT YOU'RE MORE SERIOUS ABOUT THAT.
UM, BUT THAT IS PART OF OUR PROGRAM THAT TO BE A MEMBER OF OUR PROGRAM, YOU HAVE TO BE CERTIFIED, UM, GO TO THAT CLASS, THAT STATE CERTIFICATION.
SO THIS WOULD OBVIOUSLY OCCUR TO NON-MEMBERS.
QUESTIONS, UH, MOLLY, UH, AGAIN, THANK YOU FOR COMING.
UH, ARE YOU SEEING THAT ALL MEMBERS OF THE NMA HAVE TO HAVE THIS CERTIFICATION? THAT IS, UM, A PART OF OUR COMMITMENT TO A, UM, COMBAT YOUTH ACCESS IS TO REQUIRE ALL OF OUR MEMBERS, THE OWNERS AND ALL THEIR EMPLOYEES TO GO TO A STATE CERTIFICATION PROGRAM, UM, AND UH, HAVE THAT CERTIFICATION IN ORDER TO, UM, BE EMPLOYED.
BUT WHAT I UNDERSTAND, AND I HONESTLY HAVEN'T GOTTEN MY EYES ON IT, THAT THERE IS ACTUALLY ALREADY A STATE CERTIFICATION PROGRAM IN PLACE.
I PERSONALLY DID NOT KNOW THAT UNTIL LAST WEEK.
SO I HAVE NOT DONE MY DUE DILIGENCE TO SEE IT MYSELF, BUT FROM WHAT I UNDERSTAND, IT'S IN PLACE AND WE'LL FIGURE OUT HOW TO, HOW TO TAKE THE CLASS AND BE A PART OF.
UH, AGAIN, I'M RAMON MONSOOR, UM, CO-CHAIRMAN OF COMMUNITIES FOR SAFER VAPING.
UH, FIRST I'D LIKE TO SAY THAT I FIRMLY SUPPORT YOUR DECISION AND INCREASING PENALTIES FOR RETAILERS THAT SELL TO MINORS.
UH, THIS MAKES A LOT OF SENSE AND HOLDS RETAILERS ACCOUNTABLE, UM, TO, TO ANSWER KENDRICK, UH, YOUR QUESTION TO TAMALE.
SO, UH, UH, AS FAR AS STATE CERTIFICATION, UH, FOR, FOR THE, THE, THE RETAIL STORES THAT ARE PART OF COMMUNITIES FOR SAFE SUPPORT, SAY FOR VAPING.
NOW ALL OF OUR MEMBERS HAVE TO JOIN THE NMA, UH, TO BE A PART OF COMMUNITIES FOR SAFER VAPING.
BUT WE'RE NOT REQUIRING ALL RETAILERS IN THE NMA TO GET STATE CERTIFIED.
UH, BUT IF YOU ARE A PART OF THE CHAPTER, UH, OF COMMUNITIES FOR SAVER VAPING, THAT IN ORDER TO COMPLETE THAT APPLICATION AND TO BE A PART OF THIS ORGANIZATION THAT YOU WOULD GET A STAY CERTIFIED PROGRAM THAT HELPS YOU TO IDENTIFY, UH, TO, YOU KNOW, TO IDENTIFY FAKE IDS, UM, TRAIN THE EMPLOYEES.
A LOT OF THE TIMES THE, IT'S NOT THE OWNERS THAT ARE, THAT, THAT, THAT, THAT SELL TO UNDERAGE, IT'S A LOT OF TIMES IT'S MINORS.
I SELL THE MINORS AND WE, AT LEAST MYSELF, I, I THINK THE BIGGEST PART IS, IS TRAINING THEM TO SAY NO.
A LOT OF TIMES EMPLOYEES ARE JUST AFRAID TO TELL A CUSTOMER NO, THEY, THEY, THEY GET A LOT OF ANGRY CUSTOMERS AND THEY, IT'S A JUDGMENT.
AND I THINK THEY GET NERVOUS AND IT'S JUST A MATTER OF TRAINING THEM THAT IT'S OKAY TO SAY NO TO REQUIRE ID AND IT'S JUST A MATTER OF TRAINING.
AND, AND, UH, MR GOBLE, YOU, YOU RECOMMENDED, I FIRST HEARD OF THE, UH, THE, THE REBATE PROGRAM THAT YOU MIGHT CONSIDER, UM, ON FIRST OFFENDERS THAT, THAT IF THEY, IF THEY, UH, YOU KNOW, HAVE IT AN OFFENSE, IF THEY SOMEHOW THE BUSINESS SOLD TO A MINOR AND THEY GET A $2,500 PENALTY ON THEIR FIRST OFFENSE, THAT WOULD OFFER SOME SORT OF REBATE PROGRAM TO INCENTIVIZE THE OWNER AND EMPLOYEES TO GO GET AN A STATE CERTIFICATION CERTIFIED PROGRAM TO, FOR TRAINING.
AND I THINK THIS WILL BE EFFECTIVE TO REALLY GET THEIR ATTENTION IF, ESPECIALLY IF THIS PROGRAM I'M ASSUMING TAKES HOURS OUT OF THEIR TIME AND THEIR EMPLOYEES AND IT WOULD COST MONEY THAT IT WOULD, IT WOULD REALLY HELP AND THAT TRAINING PRO PROCESS TO REALLY GET THE FOCUS OF THAT STORE OWNER OF THEIR EMPLOYEES TO, UM, TO PAY ATTENTION, TO TAKE IT MORE, UH, RESPONSIBLE, UH, APPROACH WHEN IT COMES TO CHECKING IDS AND, AND MAKING SURE THAT THEY, THAT THEY, THEY, THEY DO NOT SELL TO MINORS.
UM, AND I SAID COMMUNITY SAY VAPOR COMMUNITIES FOR SABER VAPING IS, IS, IS HERE AS A TOOL FOR YOU GUYS.
I'M TELLING YOU THAT, THAT YOU KNOW, THE MEMBERS HERE, THE ONES THAT ARE HERE THAT ARE JOINING COMMUNITIES FOR SABER VAPING, WE ARE HERE AS, AS A TOOL FOR YOU GUYS TO, TO, TO, TO, UM, TO STOP MINORS, YOU KNOW, TO STOP MINOR ACCESS TO SMOKING PRODUCTS, TO TOBACCO.
UM, HOW MANY MEMBERS DOES THE NMA HAVE RIGHT NOW? THEY'VE GOT ABOUT 700 MEMBERS.
HOW MANY IN OKLAHOMA WOULD YOU GUESS? I KNOW I'M PUTTING YOU ON THE SPOT HERE, SO
[02:45:01]
I DON'T HAVE THAT FIGURE.AND THEN HOW MANY, UH, MEMBERS OF THEIR COMMUNITIES AGAINST FOR SAFER VAPING OR HOW MANY FOR THAT ORGANIZATION ARE MEMBERS THAT HAVE BUSINESSES IN ALCOHOL OR MEMBERS AT ALL? O OF THE, OF THE NEIGHBORHOOD MARKET ASSOCIATION.
I THOUGHT THE COMMITTEES FOR SAFER VAPING.
HOW MANY MEMBERS DO YOU, WELL, YOU HA YOU HAVE ABOUT A HUNDRED RETAILERS IN OKLAHOMA THAT HAVE A TOBACCO RETAILER PROGRAM.
AND UH, MY, MY ESTIMATION IS ABOUT ONLY SEVEN OF THEM ARE, ARE SMOKE SHOPS.
SO THE ONES THAT WOULD FALL IN THE CATEGORY IS ONLY GOING TO GET UP TO SEVEN BECAUSE THOSE ARE THE ONLY VAPE SHOP.
I MEAN, SMOKE SHOPS THAT ARE IN EL CAHONE AND THOSE SEVEN ARE ONBOARD.
MOST OF THE LIQUOR STORES SELL VAPING DEVICES, DON'T THEY? THEY, MOST OF THE LIQUOR STORES DO OFFER IT.
UM, THEY DON'T HAVE THE SELECTION AND THEY DEFINITELY DON'T HAVE, UH, THE, THE NUMBERS THAT THE SMOKE SHOPS.
ONCE AGAIN, MAYOR, UH, MY NAME'S JAMES MITCHELL, I'M REPRESENTING AND SPEAKING ON BEHALF OF THE EXECUTIVE BOARD OF THE NMA AND THE PRESIDENT.
WE ARE 100% IN AND WITH YOU GUYS WITH THE INCREASING OF THE FINES, UH, WE DO ASK THAT PARTICULARLY ON THE FIRST OFFENSE WHEN A VIOLATION UNFORTUNATELY MAY OCCUR THAT IF THE OWNER, IF THE OWNER AND THE EMPLOYEES OF THAT STORE WERE TO RECEIVE STATE CERTIFIED TRAINING, THAT THEY WOULD RECEIVE SOME TYPE OF REBATE, EITHER A $500, $1,000.
ONE OF THE THINGS THAT WE BELIEVE THAT IT IS IMPERATIVE AND IMPORTANT IS THESE RETAILERS, THAT MISTAKE HAPPENS TO BE MADE TO WHERE AN UNDERAGE PERSON PURCHASES IF THEIR LOCATION THAT THEY'RE TAKING THE INITIATIVE BECAUSE THEY DO CARE AND THEY WANT THEIR THEM AND THEIR EMPLOYEES TO BE EDUCATED ON THE SUBJECT.
AND WE FEEL THAT THIS IS A VERY IMPERATIVE PART OF THE EDUCATION FOR THEM AND IT WOULD ASSIST THEM.
I DO UNDERSTAND, YOU KNOW, IT'S NOT ALL ABOUT THE MONEY.
WE'VE HEARD YOU GUYS SAY THAT AND WE'VE HEARD THAT FROM OTHER COMMUNITIES.
IT'S NOT ABOUT COLLECTING FINES.
THE IMPORTANT THING IS ABOUT GETTING THE MESSAGE ACROSS TO THOSE RETAILERS AND ENSURING THAT THIS DOESN'T OCCUR.
AND THAT'S ABOUT ALL I HAVE TO SAY.
UH, WE DEFINITELY ARE ON BOARD WITH THIS.
DO YOU REALIZE YOU'RE ASKING FOR REBATE, BUT AT THE SAME TIME IT PROBABLY CAUSED THE CITY CLOSE TO WHAT THE FINES ARE TO GO THROUGH THE PROCESS OF, OF GETTING TO THAT POINT.
SO I'M NOT IN FAVOR OF ANY REBATES.
THEY SHOULD BE DOING THE CERTIFICATION ANYWAY.
AND IF AN EMPLOYEE MAKES A MISTAKE, THEY'RE NOT TRAINED.
AND THAT'S HIS STORE OWNERS RESPONSIBILITY.
WHEN I WAS IN BUSINESS, IF AN EMPLOYEE MADE A MISTAKE AND I, I WAS PENALIZED FOR IT, I DIDN'T GET A REBATE.
THIS, THIS COULD NOT HAPPEN AN EL CAHONE AS FAR AS I'M CONCERNED.
COUNCIL MEMBER MCCLELLAN, I UNDERSTAND YOUR POSITION ON THAT.
I ALSO WANT TO POINT OUT THAT EVEN WITH THAT REBATE, THE FINES STILL WOULD BE INCREASED ON THE FIRST DEFENSE THAT AS OPPOSED TO WHAT WAS HERE INITIALLY AS WE COULD SEE.
UM, LIKE I SAID, I AGREE 100% THAT, YOU KNOW, RETAILERS AND THEIR EMPLOYEES NEED TO BE TRAINED.
THAT'S WHY AS MY LAST COLLEAGUE RAMONA HAD STATED THAT EVERY MEMBER OF COMMUNITIES FOR SAFER VAPING WILL BE THEN MANDATED TO HAVE THIS TYPE OF TRAINING.
AND COUNCIL MEMBER KENDRICK HAD A QUESTION TO HIM ABOUT HOW MANY LIQUOR STORES AND ALL THAT.
OUR INTENTION IS TO INCLUDE OTHER LIQUOR STORES EVEN THOUGH THE VAPING PRODUCT ISN'T THEIR PRIMARY PRODUCTS THAT THEY SELL.
WE WANT TO INCLUDE ANY, ANY RETAILER THAT SELLS ANY TYPE OF VAPING PRODUCTS.
THE LICENSE, SIR TO SELL BRAMBILLA
YUSUF DANA STEVENS IS OUR LAST SPEAKER.
[02:50:05]
HONORABLE MAYOR AND COUNCIL.THANK YOU FOR HEARING THIS ITEM TONIGHT.
UM, WE COME BACK TO THIS TOPIC THAT THE RETAILERS ARE THE ONES WHO ARE SELLING AN AGE RESTRICTED PRODUCT.
IT SHOULD BE THEIR RESPONSIBILITY TO DO EVERYTHING WITHIN THEIR POWER, NOT TO SELL TO CHILDREN OR ANYONE UNDER THE AGE OF 21, WHICH IS LAW IN CALIFORNIA.
AND YET LAST YEAR IN EL CAHONE, 24% OF YOUR RETAILERS SOLD TO SOMEONE UNDER THE AGE OF 21.
THIS YEAR, 18% OF YOUR RETAILERS SOLD TO SOMEONE WHO'S UNDER THE AGE OF 21.
UM, AND WE HEAR THEM TALK ABOUT WHAT WONDERFUL PLANS THEY HAVE, NOT TO SELL TO YOUNG PEOPLE.
THERE ARE ABOUT 113 IN ALCOHOL AND RIGHT NOW OF THEM ALL, BUT THE SMOKE SHOPS, WHICH IN R D MIGHTY AND AGE, UH, WE USED TO CALL A HEAD SHOPS.
THEY SELL THE LITTLE GLASS PIPES THAT ARE YES INDEED AND BONGS THAT ARE YES INDEED USED FOR MARIJUANA AND OTHER DRUGS, NOT FOR TOBACCO, BUT THEY SAY IT'S FOR TOBACCO.
UH, SO THEY COULD SUBVERT CALIFORNIA'S LAW THAT PROHIBITS THE SALE OF DRUG PARAPHERNALIA.
UM, AND THEY ARE ALSO LICENSED IN ALCOHOL AND CURRENTLY, AND THERE ARE ABOUT SEVEN OF THOSE.
UM, SO, UH, WHAT WE HAVE BEEN FINDING IS THAT WITH THE THOUSAND DOLLARS FINE OR 30 DAY SUSPENSION THIS YEAR, WE HAD NINE RETAILERS APPEAL AGAINST THAT THOUSAND DOLLAR FINE AT A $2,500 FINE.
I'M GOING TO GUESS THAT EVEN MORE RETAILERS WILL APPEAL, UH, THE FINDING THAT THEY SOLD TO A MINOR.
UM, I HAVE INVITED MOST ALL OF YOU TO ATTEND ONE OF THE, UH, TOBACCO RETAILER, UM, HEARINGS THEY TAKE PLACE IN THIS ROOM.
AND THE NEXT ONE WILL BE ON, UM, WE'LL BE ACTUALLY NEXT MONDAY.
UM, I BELIEVE HERE IN THIS ROOM, AND IT WILL BE A SECOND OFFENSE FOR A TOBACCO RETAILER.
IT'S ACTUALLY A THIRD, UM, UH, OFFENSE, BUT THE ALJ FOUND THAT BECAUSE, UM, YOUR CITY ATTORNEY, A STAFF ATTORNEY, BARBARA LUCK, WHO DOES SUCH A WONDERFUL JOB AND HOLLY WHO DOES SUCH A SAVAGE, SHE DOES SUCH A WONDERFUL JOB ORGANIZING THESE.
BUT BECAUSE BARBARA REED DIDN'T, DID NOT READ, LITIGATE THE FIRST SALES TO MINORS, THEY CONSIDERED IT A SECOND BECAUSE SOME OF THOSE ELGS JUST DON'T WANT TO SUSPEND A LICENSE.
SO I'M, I WORRY THAT THERE'S GOING TO BE MORE TIME SPENT IN HEARINGS.
UM, AND WHAT'S ENTAILED IN THOSE HEARINGS IS NOT JUST BARBARA LUCK AND HOLLY SAVAGE SITTING HERE FOR THAT DAY WITH AN ALJ THAT YOU ARE PAYING.
BUT THERE'S ALL THE PREP TIME.
THERE'S MYSELF AND MY ADULT SUPERVISOR WHO SIT HERE.
WE'VE SPENT FOUR ENTIRE DAYS IN HEARINGS, UM, SOME OF WHICH HAVE BEEN CONTINUED AND CONTINUED AND CONTINUED.
MEANWHILE, WE'VE HAD TO CHANGE, I KNOW MY TIME IS UP.
I JUST WANT TO SAY THANK YOU FOR TRYING TO MAKE THESE PENALTIES STIFFER.
UH, THERE IS NO STATE CERTIFICATION FOR TOBACCO RETAILERS, BUT ALL OF YOUR ALCOHOL RETAILERS, WHICH AHMET SEVEN ARE AND TWO OF YOUR CASH AND CARRY STORES, ALL OF THEM ARE SUPPOSED TO BE ATTENDING THE CERTIFIED TRAINING BECAUSE THEY ARE ALCOHOL RETAILERS.
AND THAT TRAINING COVERS THE SALES TO MINORS.
SO, UM, THAT'S ALL I'M GOING TO SAY.
AND I'M HAPPY TO ANSWER QUESTIONS AND I WOULD WELCOME ANY OF YOU TO ATTEND A HEARING AND SEE WHAT WE HEAR.
THEY CAN'T BE HERE THE ENTIRE TIME.
UM, BUT IT'S A, IT'S A PAINFUL EXPERIENCE FOR THE MOST PART.
UH, DANA, AND IT APPEARS TO ME THAT THE VIOLATION, THE RECOMMENDED VIOLATION CHANGE FOR THE SECOND AND THIRD VIOLATIONS ARE ACTUALLY LESS SEVERE AND WHAT'S RECOMMENDED THAN WHAT WE USED TO HAVE BECAUSE OF THE
AND THE THIRD ONE, IT GOES F, YOU KNOW, FROM ONE YEAR TO 60 DAYS.
SO CAN I GET YOUR THOUGHTS ON THAT? OH, I AGREE.
UM, THE, THE TOBACCO RETAILER JOURNALS OF THEIR MAGAZINES, THE TRADE JOURNALS, UM, STATE THAT THE AVERAGE CONVENIENCE STORE, UM, SELLS $80,000 WORTH OF TOBACCO PRODUCTS EVERY YEAR.
IS IT 80,000 OR 800,000? I BELIEVE IT WAS 80,000.
[02:55:03]
THAT'S STILL A LOT OF MONEY.AND WHEN YOU THINK ABOUT A 30 DAY SUSPENSION IS A WHOLE LOT MORE THAN THAT.
SO WE'RE, SO, I'M RIGHT ON THIS ONE.
WE'VE ACTUALLY MADE THIS ORDINANCE WEAKER.
MORGAN, DO YOU WANT TO COME IN ON THAT? IS THAT, YEAH, I THINK THAT WAS THE DIRECTION OF COUNCIL WHEN WE HAD THIS CONVERSATION PREVIOUSLY.
THE TRADEOFF IS THE FIRST OFFENSE WOULD NO LONGER ALLOW FOR AN ELECTION TO PAY THE FINE OR TAKE THE SUSPENSION.
UH, ALSO THE FINES THEMSELVES HAVE GONE UP, WHATEVER THAT IS, TWO AND A HALF TIMES THE AMOUNT TO OUR MAXIMUM AMOUNT OF OUR FINE THAT WE ALLOW.
UM, I THINK THAT THERE WAS SOME NO NEGOTIATION BUT RECONCILIATION AMONG COUNCIL MEMBERS THAT WE COULD GO WITH A LESSER SUSPENSION, BUT WE'RE GOING TO INCREASE THE FINES.
AND THEN BOB, AM I UNDERSTANDING, YOU'RE SAYING THERE IS NO STATE CERTIFICATION PROGRAM FOR TOBACCO SELLING? CORRECT? YES.
UH, THE CDC HAS A VERY EXTENSIVE WEBSITE WITH ALL OF THE TRAINING MATERIALS ON THAT.
UM, AND UH, IN PAST WE HAVE PROVIDED THAT TO THE CITY.
IT WAS ON THE WEBSITE FOR THE CITY FOR THE LONGEST TIME.
SO THOSE MATERIALS ARE, ARE AVAILABLE AND WE'VE MADE THEM AVAILABLE TO THE RETAILERS.
DO YOU OFFER ANY KIND OF A TRAINING COURSE FOR THIS KIND OF A THING OR IS IT ALCOHOL ONLY? NO, THE ALCOHOL SERVER TRAINING INCLUDES AN EXTENSIVE COMPONENT ON, I IDENTIFY USING CHECKING IDENTIFICATION.
I'M ASKING THE RIGHT QUESTIONS.
IT'S NOT JUST ABOUT SWIPING IT THROUGH.
UH, WE HAVE ONE RETAILER AT THE LAST HEARING THAT SAID, THEY JUST FOUND OUT THAT WHEN THE LAW CHANGED IN 2016, UH, TO BE 21 YEARS OLD, OOPS, THEIR MACHINE WAS NEVER RECALIBRATED TO 21.
SO IS THE CERTIFICATION DEALING MORE WITH HOW TO DETECT SOMEBODY UNDER 21 OR HOW NOT TO SELL ALCOHOL TO A MINOR? IT THE, THE, THERE'S TWO KEY COMPONENTS.
UM, WELL ONE IS ABOUT NOT SELLING TO SERIAL INEBRIATES OR ANYONE WHO APPEARS INTOXICATED.
AND THE OTHER IS ABOUT ID CHECKING AND NOT SELLING TO SOMEONE WHO'S UNDER 21 THE SAME AGE FOR TOBACCO.
SO THERE'S EXTENSIVE ELEMENT ON RECOGNIZING APPROPRIATE IDS.
WE ACTUALLY USE A VIDEO THAT IS PROVIDED BY THE DMV ABOUT ID CHECKING AND WHAT TO RECOGNIZE IN THE IDS.
IT'S NOT JUST ABOUT SWIPING IT, IT'S YOUR RESPONSIBILITY TO CHECK THE ID.
HOW, HOW LONG IS THIS COURSE THAT YOU TEACH? IT'S A FOUR HOUR COURSE AND IT'S CERTIFIED BY THE ABC.
UM, STARTING IN 21, THE ABC WILL HAVE A REQUIREMENT FOR ALL RETAIL, ALL ALCOHOL RETAILERS TO COMPLETE THE TRAINING.
AND WHAT'S THE COST PER PERSON? OH, WE CHARGE $25.
UM, I THINK THAT THERE'S OTHER PEOPLE THAT PROVIDE IT.
THE RANGE IS FROM 25 TO 35 $50.
WHAT DO YOU THINK AT THE PROPOSAL TO SAY WE WILL UPDATE PART OF YOUR FIRST TIME OFFENSE IF YOU ATTENDED THIS COURSE THAT YOU'RE OFFERING? I'LL BE AT THAT.
PART OF IT IS ALCOHOL, BUT A LOT OF IT IS DETECTION OR TOMORROW.
WHAT'S YOUR THOUGHT ON THAT PROPOSAL? UM, IT DEPENDS ON WHAT YOU'RE TALKING ABOUT AT BAITING.
UM, A PORTION OF THEIR FEED, LIKE THE COSTS, THE COST FOR THEM TO ATTEND.
I JUST THINK IT'S THEIR RESPONSIBILITY.
THEY'RE SELLING AN AGE CONTROLLED PRODUCT.
DO YOU AGREE WITH THE PROPOSAL TO REFUND 500 TO $1,000 IN EXCHANGE FOR TAKING YOUR COURSE? 1,000? NO SIR, THAT'S TOO MUCH.
NO, THEY'RE SPENDING $25 AND A FEW HOURS OF THEIR TIME.
MY QUESTION IS, DO YOU AGREE WITH $500 REFUND IF THEY ATTEND YOUR COURSE? UM, A REFUND OUT OF THE $2,500 FINE? YES.
I SUPPOSE, I SUPPOSE I WOULD SUPPORT THAT IF IT WAS A HIGHER SUSPENSION TIME.
WELL I'VE ALWAYS BEEN TOLD THAT, UM, IGNORANCE OF THE LAW IS NO EXCUSE AND SHOULD NOT BE COMPENSATED.
AND I WOULDN'T AGREE WITH THAT AT ALL.
I THINK THAT IF THEY BREAK THE LAW, IT'S OUR RESPONSIBILITY TO MAKE SURE THAT THEIR EMPLOYEES ARE TRAINED AND UH, IF THEY, UH, IF THEY, UM, BREAK THE LAW, THAT'S THE PRICE THEY HAVE TO PAY.
AND UH, I WAS GOING TO ASK STAFF, UM, THIS FIRST, UM, VIOLATION AND THEN THEY HAVE TWO, TWO MORE STINGS THAT YEAR.
EACH TIME THEY WOULD BREAK OR, UM,
[03:00:01]
UM, SAY IF THEY DID IT ON THE SECOND THE STING, THEY'D HAVE TO PAY THE $2,500 AGAIN, RIGHT? THAT CORRECT.THAT WOULD CONSTITUTE A SECOND VIOLATION.
SO THEY WOULD PAY ANOTHER 2,500 FINE.
AND THEN GET THE 30 DAYS RECEIVED THE 30 DAY SUSPENSION.
AND THEN, UM, UM, B AND SAY DID IT THE SECOND TIME THEY WOULD HAVE, UH, UH, TWO MORE COMPLIANCE CHECKS WITHIN A YEAR OF THAT BREAKING OF THAT SECOND ONE.
PHIL, DID YOU WANT TO SPEAK, I HAD A QUESTION ABOUT THESE HEARINGS, UM, THAT YOU'RE SPEAKING ABOUT AND IT SOUNDS LIKE THERE'S A LOT OF CONVOLUTION AND GRAY AREA THAT COMES UP.
CAN YOU SPEAK A LITTLE BIT MORE ABOUT, I MEAN, WHAT'S THE CATALYST FOR, FOR THERE BE THE, FOR THE HEARING TO BE CONVOLUTED IS, IT SEEMS TO ME IT'S, IF SOMEONE'S IN THE ACT, IT SHOULD BE PRETTY CLEAR CUT.
CAN YOU SPEAK TO WHY IT'S NOT? I BELIEVE IT IS PRETTY CLEAR CUT.
I THINK THERE'S A LOT OF, UH, PLEADING TO THE, UM, EMOTION OF AN ADMINISTRATIVE LAW JUDGE.
UM, THAT, YOU KNOW, I HAVE TO FEED MY FAMILY.
UH, THIS IS HOW I MAKE MY MONEY.
I CAN'T BE THERE ALL THE TIME.
IT'S NOT MY FAULT IF AN EMPLOYEE VIOLATES.
THAT'S KIND OF THE PLEADING THAT OCCURS.
AND, UM, UM, I, I PERSONALLY HAVE A HARD TIME WITH THAT AS A GOOD EXCUSE.
UM, BUT SOMETIMES THE ADMINISTRATIVE LAW JUDGES ARE RELUCTANT TO, UM, BRING DOWN THE HAMMER WHEN THEY HEAR, YOU KNOW, THE SAD TALE.
SO THEN THIS WOULD BE A QUESTION FOR STAFF.
DO WE HAVE ANY SAY OVER THE LENIENCY THAT THE ADMINISTRATIVE LAW JUDGE DOES? THIS IS MY QUESTION.
AND COUNCIL MEMBERS SAY CANCEL MEMBER T'S, I'LL TRY TO ADDRESS IT.
I HAVE NOT HANDLED THESE APPEAL HEARINGS, BUT I DO HAVE A, UM, A POST-MORTEM WITH MS LUCK AFTER EACH ONE OF THESE IF I'M STILL AROUND.
CAUSE HE JUST RECENTLY WENT, WENT ALL DAY.
UM, BUT THERE WERE, IN THE PAST, THERE WERE, UH, MINISTRY OF LAW JUDGES FROM THE OFFICE OF ADMINISTRATIVE HEARINGS WHO APPLIED A STATE LAW AS VERSUS OUR ORDINANCE THAT WE ARGUED WITH THEM THAT THAT DIDN'T APPLY.
IT WASN'T APPLICABLE, UH, YET THEY STILL PUT IT IN THEIR ORDERS.
UM, WE HAVE AS, AS MS STEVEN SAYS, THEIR STORY I GET IS THAT THERE IS A LOT OF HEART WRENCHING, UH, TESTIMONY AND, AND IT'S TO THE POINT OF ABSURDITY IN A SENSE OF HOW MUCH HAS GIVEN AND HOW LONG THESE HEARINGS TAKE BECAUSE THEY KEEP THROWING THE SAME THINGS OUT THERE ABOUT THIS IS GOING TO DESTROY THIS BUSINESS.
THIS IS GOING TO, AND THEIR ATTORNEYS ARE VERY ADEPT AT BRINGING THIS INFORMATION OUT IN THE, UH, IN THE HEARING PROCESS.
AND SOME OF THEM, ESPECIALLY THOSE THAT HAVE HAD A SECOND ONE, ARE HIRING ATTORNEYS TO BE HERE FOR THESE, THESE, UH, HEARINGS AS WELL, WHICH IS THEIR RIGHT.
WE DO HAVE TO GIVE THEM DUE PROCESS.
WE DO HAVE TO ALLOW THEM THE CHANCE TO TELL THEIR SIDE OF THE STORY.
UM, ONE THING WE'VE DONE WITH THIS, THE REVISIONS TO THIS ORDINANCE THOUGH, IS THAT WE HAVE ADDED A SECTION, UM, TO STATE THAT THE APPEALS, THE, THE, UM, HEARING OFFICER, UH, CANNOT TAKE INTO CONSIDERATION ANYTHING OTHER THAN WHETHER THERE WAS A VIOLATION.
UM, THE HEARING OFFICER, UH, FOR EXAMPLE, I'LL READ IT AND IT'S IN SECTION EIGHT 33 OH NINE, OH E.
THE HEARING OFFICER SHALL NOT CONSIDER THE APPROPRIATENESS OF THE AMOUNT OF THE FINE OR WHETHER THE LENGTH OF SUSPENSION OF A LICENSE OR REVOCATION OF THE LICENSE CREATES A FINANCIAL HARDSHIP ON THE TOBACCO RETAILER NOR SHALL THE ADMINISTRATIVE HEARING OFFICER GRANT THE APPLICANT ANY STAY OF EXECUTION OR DELAY OF ENFORCEMENT OF A SPENT SUSPENSION OR REVOCATION SUSTAINED FOLLOWING IT.
THE HEARING SAYS WE DID HAVE SOMEBODY, ONE OF THE ADMINISTRATIVE LAW JUDGES WHO USED A STATE ADMINISTRATIVE ADJUDICATION ACT LAW THAT THAT PERSON WAS USED TO USING.
THAT SAYS YOU CAN BE, WE'RE GOING TO SUSPEND THE ENFORCEMENT OF THE SUSPENSION FOR A PERIOD OF TIME AND IF YOU'RE ON GOOD BEHAVIOR SO TO SPEAK, YOU WON'T HAVE TO SUFFER THE SUSPENSION.
WE WENT ON TO ADD AN IN SUBSECTION F EXCEPT AS PROVIDED IN SUBDIVISION F IN THIS SUBDIVISION F THE PROVISIONS OF ADMINISTRATIVE ADJUDICATION FOR THE STATE OF CALIFORNIA.
AND I SPELL IT OUT WHERE IT'S FOUND IN THE GOVERNMENT CODE SHALL NOT APPLY TO ANY ADMINISTRATIVE HEARING UNDER THIS CHAPTER.
[03:05:01]
STATED IN F THERE'S SOMETHING HAVING TO DO WITH HEARSAY AND EVIDENTIARY SITUATIONS WHEN YOU'RE, YOU'RE TAKING TESTIMONY, WE DO ALLOW HEARSAY AND WE DON'T GET BOGGED DOWN IN THE TRICKEST INTRICACIES OF THE EVIDENCE CODE.SO WE'VE TRIED IN THIS NEW ORDINANCE TO TRY TO NARROWED DOWN THE SCOPE OF WHAT THE ADMINISTRATIVE HEARING OFFICER WOULD BE ABLE TO CONSIDER AND HOPEFULLY THAT'S GOING TO, UH, MAKE IT EASIER FOR US TO HAVE A MORE SIMPLE APPROACH TO THE APPEALS.
CAUSE IN MY MIND, IF WE'RE PASSING ORDINANCES AND THEY'RE NOT BEING APPLIED THE WAY WE INTEND THEM TO BE APPLIED, THEN WHAT'S THE POINT OF THAT? YOU CAN PASS AN NORDEN.
SO I APPRECIATE YOUR DILIGENCE AND WAITING OUT THAT LITTLE CAVEAT BECAUSE THAT'S RIDICULOUS.
BOB MORGAN, I WAS GOING TO ASK YOU A QUESTION.
UM, IF, DO WE HAVE THE ABILITY, IF SOMEBODY APPEALS, WHICH WE KNOW THEY'RE GUILTY OR THEY WOULDN'T BE APPEALING, CAN WE FIND THEM $2,500 IF THEY APPEAL IN ADDITION TO THE $2,500 FOR THE VIOLATION? NO, WE CANNOT.
UH, DANA, COULD YOU TELL US ABOUT SOME OF THE CHALLENGES YOU HAVE BECAUSE OF THE PHONE TREE AND HE EXPERIENCED THAT WHEN, IF YOUR STING PEOPLE HAD, UH, YES.
UM, SO IT'S NOT UNUSUAL FOR THE RETAILERS TO CALL ONE ANOTHER WHEN, IF THEY SUSPECT THAT YOU'RE UP TO SOMETHING.
UM, I ACTUALLY, UM, WE HAVE YOUNG PEOPLE THAT SPEAK A MULTITUDE OF LANGUAGES, UM, THAT VOLUNTEER WITH US.
AND WHEN ONE OF OUR, UH, YOUNG VOLUNTEERS, A 19 YEAR OLD, UM, UH, UH, COULD HEAR AS SOON AS SHE WALKED IN THE STORE, THE RETAILER YELLING ON THE PHONE DON'T TELL ANYTHING TO ANYBODY.
THEY'RE OUT, THEY'RE COMING AFTER US.
SO, UH, WE ALSO KNOW THAT SOME OF THE PEOPLE WORK IN MULTIPLE STORES.
WE'VE HAD A DECOY WALK INTO ONE STORE ONE DAY AND THEN ANOTHER STORE THE NEXT DAY AND THE SAME GUY WAS WORKING AND RECOGNIZED HIM.
SO THEN WE HAVE TO LAY BACK A LITTLE BIT TO NOT, UM, TEETH.
UM, THE, THE OTHER THING THAT THE RETAILERS QUESTION AT THE ADMINISTRATIVE HEARINGS IS THE DIFFERENCE BETWEEN THE TOBACCO PROCESS AND THE ABC.
WITH THE ABC, THEY, UH, LAW ENFORCEMENT BRINGS THE YOUNG PERSON BACK INTO THE STORE TO IDENTIFY, UH, THE CLERK THAT SOLD TO THEM.
THIS ORDINANCE DOES NOT REQUIRE THAT, WHICH I'M GLAD FOR.
UH, WE ARE NOT LAW ENFORCEMENT.
UM, WE ARE COMPLIANCE MONITORING AND THIS IS NOT A CRIMINAL PROCEEDING.
THE WAY THAT SALES TO MINOR OF ALCOHOL IS A CRIMINAL PROCEEDING.
AND SO THE YOUNG PERSON DOES NOT GO BACK INTO THE STORE WITH THE ADULT TO FACE THE CLERK WHEN THAT OCCURS.
LET ME, LET ME AT SOMETHING MAYOR JUST BRIEFLY TO, TO FOLLOW UP WITH WHERE MS STEVEN SAID THESE, UM, DECOY OR YOUTH SURVEYS, UM, THAT OCCUR, OCCUR OVER A PERIOD OF TIME.
THEY DON'T ALL OCCUR ON THE SAME DAY.
THEY, THEY COULDN'T HAVE, THEY DIDN'T HAVE, THEY DON'T HAVE THE STAFF TO BE ABLE TO CONDUCT ONE WITH EVERY, UH, EVERY 113 OR WINTER 17 LICENSES.
UM, AND WE DO GET THE COMPLAINT, EH, THAT AT THE TYPE OF THE HEARING TIME OF THE HEARING, WELL, IF I HAD A CHANCE TO CHECK MY VIDEOTAPE, I WOULD KNOW WHETHER THERE WAS A VIOLATION OR NOT.
AND WE SPREAD THEM OUT OVER TIME BECAUSE WE HAVE TO HIT EVERY ONE OF THEM DURING EACH ONE OF THESE ROUNDS.
BUT ALSO WE DON'T TELL THEM THERE'S A VIOLATION JUST LIKE THEY'D MIGHT WITH A, THE ALCOHOL SALES BECAUSE THEN THEY WILL GET ON THE PHONE TREE.
AND SO THERE'S A REASON FOR US TO, TO DELAY NOTIFYING THEM WITH THE VIOLATIONS.
THEY COMPLAIN THAT, YOU KNOW, AGAIN, THEY COMPLAIN THAT THE VIOLATION TOOK TOO LONG.
I CAN'T, I DON'T KNOW WHERE THAT PERSON IS ANYMORE.
AND YOU KNOW, FIND OUT IF THIS IS TRUE OR NOT.
WELL, THE TRUTH IS GOING TO BE IN THE TESTIMONY OF THE YOUTH TOK YOUTH DECOY OR IN MOST CASES, IF NOT ALL OF THEM, THE ADULT SUPERVISOR THAT WAS GOING INTO THE STORE AT THE SAME TIME.
UM, I'M GOING TO SAY FOR THE FIRST OFFENSE THAT, UH, UH, BAIT UP TO $500 OF THE FINE IF THE OWNER OF ALL LEGAL
[03:10:01]
OWNERS PLUS ALL EMPLOYEES ATTEND THIS FOUR HOUR COURSE.AND THE REASON WHY I'M PROPOSING THAT IS IT'S LIKE TRAFFIC SCHOOL.
IF YOU'RE UNLUCKY ENOUGH TO GET A TICKET FROM OFFICER TIM HOURS FOR SPEEDING ON PEACH STREET, LET'S SAY THEORETICALLY, UM, YOU HAVE TO ATTEND TRAFFIC SCHOOL OR IT GOES AS A POINT AGAINST YOUR THING.
SO YOU TAKE TRAFFIC SCHOOL, THAT'S REALLY WHAT SOCIETY WANTS, IS FOR YOU TO BE A BETTER DRIVER, NOT A POINT ON YOUR RECORD.
SO WE REALLY WANT THESE PEOPLE TO BE BETTER INFORMED ABOUT DETECTING UNDER 21.
AND IF FOUR HOURS IN A BOWLING ALLEY IN A CLASS LISTENING TO SOME COMEDIAN IS TORTURE, THEN THAT'S, THAT'S PROBABLY GONNA HELP SOMEBODY NOT DO IT AGAIN.
$500 BAIT WHERE THE 2,500 IS AN OPTION FOR THE OWNER AND THE STAFF.
HOWEVER, I'M GOING TO INCREASE THE SECOND OFFENSE FROM 30 TO 60 DAYS AND THE THIRD OFFENSE FROM 60 TO 120 DAYS.
LET'S, LET'S BEFORE WE GO ON, I'M MAKING A MOTION PUZZLE FOR DISCUSSION.
PHIL, CAN I MAKE A COMMENT? ABSOLUTELY.
I'D BE OKAY WITH THAT AS WELL.
UM,
BUT WE'RE GETTING RID OF THAT INCREASING THE FINE THAT WE'RE GETTING RID OF THAT CAVEAT WHERE AT THE ADMINISTRATIVE HEARING THERE WAS LENIENCY.
SO, I MEAN, IS THAT GOING TO THE WAY WE HAVE THE ORDINANCE WRITTEN? DOES THIS QUESTION TO STAFF, DOES THAT COMPLETELY REMOVE ANY OPTION FOR THERE TO BE LENIENCY OR CHANGE OF INTERPRETATION OR CAN THE ADMINISTRATIVE JUDGE ALWAYS HAVE THE OPTION TO APPLY CALIFORNIA STATE LAW IN LIEU OF OUR CITY LAW? DOES THAT MAKE SENSE? DID I, I'M NOT SURE I UNDERSTAND, BUT MAYBE I
THE ADMINISTRATIVE LAW JUDGE, WHAT YOU'RE SAYING IS, WELL THE PROPOSAL IS WE HAVE NO SUSPENSION.
THE ORDINANCE ALSO SAYS THAT YOU APPEAL ONLY FOR VIOLATIONS TWO, THREE AND FOUR.
WE DON'T HAVE A RIGHT TO APPEAL THIS THE FIRST BECAUSE THERE'S NO LONGER A SUSPENSION IS SIMPLY A FINE.
UM, AND SO IF THERE IS A REDUCTION OF THAT, FINE.
I GUESS I WOULD CALL IT EITHER REBATE OR REFUND.
UM, BUT IF THERE IS A REDUCTION IN THAT, FINE.
IF THEY MEET WHAT WE CALL A CONDITION SUBSEQUENT, UH, CONDITIONS MET AFTER THE FINE HAS BEEN, UM, IT WOULDN'T BE IN FRONT OF THE ADMINISTRATIVE LAW JUDGE AT ALL.
NOW, I THINK WHAT WAS BEEN DISCUSSED IS THE OPTION IS ONLY FOR THE FIRST VIOLATION ANYWAY, NOT FOR THE SECOND OR THIRD OR FOURTH VIOLATIONS, ALLOWING THIS KIND OF REBATE OR REFUND.
I JUST, I GUESS MY CONCERN IS I DON'T, I WOULD LIKE TO LIMIT THEIR, THE RETAILER'S ABILITY TO NOT HAVE WHAT IS, WHAT OUR ORDINANCES APPLIED.
AND IT SOUNDS LIKE THAT'S HAPPENED IN THE PAST THROUGH THE ADMINISTRATIVE LAW JUDGE.
AND SO WHATEVER WE CAN DO SOUNDS LIKE YOU'VE ALREADY DONE IT.
THAT'S IT ALREADY INCLUDED AN EIGHT 33 OH NINE.
HOW ABOUT ON THE FIRST VIOLATION, THEY HAVE $2,500 IN A 30 DAY SUSPENSION.
IF THEY APPEAL, THEY STILL HAVE THE 30 DAY EXPENSE EXTEND A SUSPENSION.
IF THEY DON'T APPEAL THE 30 DAY SUSPENSION GOES AWAY.
SO THAT WOULD SAVE A LOT OF TIME AND ENERGY.
I THINK WE WOULD BE DESIGNING THE DUE PROCESS.
I, I SUSPECT THAT WE'D HAVE A LAWSUIT TO SAYING IT'S A FACIALLY INVALID ORDINANCE AND WE'D HAVE NOTHING ON THE BOOKS AT THAT POINT.
WELL HOW ABOUT JUST ADDING THE 30 DAY SUSPENSION ON THE, ON THE FIRST TIME ANYWAY THAT WHICH WE HAVE NOW.
WELL GENTLEMEN, MAR REMIND YOU THAT WE HAD, WE HAD WORKED ALL THIS OUT OF THE LAST MEETING.
UM, I THINK THAT WHAT WE WORKED OUT DESERVES THE RIGHT TO GO OUT AND BE TRIED.
IF IT FAILS, THEN WE CAN, WE CAN ALWAYS MOVE MORE TOWARDS PUNISHMENT.
BUT THERE DOES HAVE TO BE A POINT WHERE PUNISHMENT IS TOO SEVERE.
RIGHT? I IT COULD YOU WANT, IT WOULDN'T WANT TO IMPRISON PEOPLE FOR SELLING TO MINORS.
YOU WOULDN'T WANT TO GIVE THEM A $75,000 FINE.
TO ME, WE'RE MOVING FROM, WE'RE GOING TWO AND A HALF TIMES
[03:15:01]
WHAT THE, WHAT THE FINE WAS AND WE, WE TALKED ABOUT THIS ALL LAST WEEK OR TWO WEEKS AGO.I IMPLORE YOU TO KEEP IT THE WAY WE HAD IT.
UM, MR GOLDWELL, IF YOU WANTED TO ADD THAT CAVEAT ABOUT THE, UM, UH, REBATE IF THEY GO TO THE CLASS.
I WASN'T GOING TO ASK FOR THAT.
I, I, BUT I'M NOT OPPOSED TO IT.
IT'S, IT'S, THAT WOULD BE MY SUGGESTION.
OF COURSE THE COUNCIL COULD DO WHATEVER IT WANTS TO DO.
WELL, I WANT TO MAKE A MOTION TO MODIFY STAFF'S RECOMMENDATION TO PROVIDE AN OPTION FOR A $500 REBATE IF ALL LEGAL OWNERS PLUS EMPLOYEES ATTEND.
UH, FOR ADDITIONAL TRAINING, I'M GOING TO MAKE A MOTION TO MODIFY THE SECOND OFFENSE FROM 30 DAYS TO 60 DAYS AND TO MODIFY THE THIRD OFFENSE FROM 60 DAYS TO 120 DAYS.
I THINK THAT IS A LOT LESS THAN WHAT IT IS CURRENTLY.
SO IT'S A REDUCTION, IT'S A WEAKENING, BUT IF SOMEBODY DOESN'T PAY ATTENTION TO SELLING CIGARETTES TO MINORS, THEY NEED TO GET HER ATTENTION.
MR GOBLE, COULD I, CAN I ASK FOR SOME CLARIFICATION IN THAT MOTION? IT'D BE HELPFUL TO HAVE A TIME PERIOD BY WHICH YOU WOULD WANT THAT TRAINING TO BE COMPLETED, UH, WITHIN 180 DAYS.
THERE'S, AS WE'RE CRAFTING THIS ORDINANCE, THERE'S ONE OTHER QUESTION I HAVE.
AND BY THE WAY, STEVE, I LIKE YOUR IDEA.
UM, ON THE, ON THE FIRST ONE IT SAYS RECOMMENDED ORDINANCE FOR THE FIRST TIME IS, UH, IT SAYS 30 DAY SUSPENSION, $2,500 FINE.
AND UP TO TWO COMPLIANCE CHECKS.
I WOULD LIKE TO SAY GET RID OF THE UP
IS THAT WORKABLE? THAT THE PROBLEM IS WHAT OF CASA HAS DOESN'T HAVE THE CAPACITY TO DO.
IT GIVES US SOME FLEXIBILITY THERE.
THEN I'M GOING TO SECOND STEVE'S MOTION BEFORE WE VOTE.
I WOULD JUST LIKE TO SAY THAT I THINK THIS IS DRACONIAN.
I THINK IT'S WAY HEAVY HANDED IT OVER THE TOP.
I DON'T WANT THEM TO SELL TO MEYERS.
I DON'T THINK THEY'RE GOING TO TRY TO SILVER MINERS.
I THINK THERE'S GOING TO BE CIRCUMSTANCES WHERE MISTAKES ARE MADE AND PEOPLE LOSE THEIR BUSINESS BECAUSE WE HAVE GONE WAY OVER THE TOP BECAUSE WE'RE TARGETING ONE BUSINESS, ILLEGAL LEGAL BUSINESS THAT WE DON'T LIKE AND THAT'S THE PROBLEM WITH SYNTAX.
IT'S ALWAYS THE PROBLEM WITH SYNTAX IS THAT IT'S EASY TO PICK ON SOMETHING THAT YOU DON'T LIKE, BUT THERE ARE OTHER PEOPLE THAT ARE MAKING THEIR LIVING BY SELLING TOBACCO TO PEOPLE THAT WANT TO BUY TOBACCO.
NONE OF US WANT TO BUY TOBACCO, BUT THERE ARE LOTS OF LOTS OF FOLKS WHO DO AND I THINK WE HAVE TO BE SOMEWHAT EVEN HANDED AND WE MADE IT.
I DON'T KNOW WHY IT'S CHANGING NOW.
IT SEEMS LIKE OUR AGREEMENT SHOULD STAND AND WE SHOULD SEE WHETHER OR NOT IT FAILS.
IF IT FAILS, THEN WE'VE GOT PLENTY OF TIME TO COME BACK AND MAKE IT, MAKE IT HARDER.
SO I WOULD SUGGEST I WOULD, I WOULD ENCOURAGE YOU TO VOTE NO ON THAT.
BUT UM, THERE'S BEEN EMOTIONAL THE SECOND.
WELL MY RESPONSE TO THAT IS WE MADE AN AGREEMENT ABOUT 15 YEARS AGO WHEN I WAS ON THE CITY COUNCIL THAT WE WOULD DO THE CURRENT PART AND WE'RE DOING SOMETHING NEW.
AND WHAT WE DID BEFORE WAS A STRONG ENOUGH CAUSE WE GET ALL THESE PEOPLE SELLING TOBACCO TO KIDS AND IT'S GOING TO KILL HALF THE PEOPLE THEY SELL IT TO.
SO THAT'S, YOU KNOW, THAT'S A PRETTY GOOD REASON TO MAKE IT SEVERE.
AND IT'S LESS SEVERE NOW ON THE NEW PROPOSAL THAN IT WAS IN THE OLD PROPOSAL.
SO JUST JUST TO CLARIFY, IT'S, WHAT'S YOUR TALKING ABOUT NOW WITH THE INCREASED SUSPENSION TIMES IS SIGNIFICANTLY MORE SEVERE THAN ANYTHING WE'VE EVER SEEN.
BUT IT'S LESS SIGNIFICANTLY MORE SEVERE.
IT'S LESS THAN THE CURRENT POLICY, LESS THAN THE CURRENT BILL.
YOU'RE TALKING ABOUT A 60 DAY, 30 DAY SUSPENSION ON THE FIRST TIME PLUS $2,500.
BEFORE IT WAS A 90 DAY SUSPENSION.
NOW WE'RE ONLY TALKING 60 DAY BEFORE IT WAS A YEAR.
NOW WE'RE TALKING HALF OF THAT.
SO I SERVED, YOU'RE SAYING, I THINK RECOMMENDING SOMETHING LESS SEVERE ON A, ON A ORDINANCE.
I MEAN, YOU'RE, YOU'RE ADDING THE FINE.
[03:20:01]
YOU'RE, YOU'RE DOING THE FINES TWO AND A HALF TIMES.I MEAN, I, IT AT THAT POINT, I WOULD JUST STAY WITH THE CURRENT, THE CURRENT, UH, SITUATION RATHER THAN THE MAKING MAKE IT HARD.
I, I'M, I'M, I'M TALKING TO THE, TO THESE TOBACCO RETAILERS OUT THERE AND UH, YEAH, SOME, SOME OF THEM, SOME OF THEM DESERVE WHAT THEY GET, BUT SOME OF THEM DON'T.
AND IT'S, IT'S, THIS IS A SERIOUS, A SERIOUS HARDSHIP FOR SOME OF THESE PEOPLE.
I'M NOT SAYING HAVE, HAVE NOTHING.
I'M JUST SAYING THAT WE HAVE TO, IT'S VERY EASY TO SIT UP HERE AND SAY, OH YEAH, WELL WE'RE GOING TO, I'M GOING TO DESTROY HALF OF YOUR BUSINESS.
AND THAT HAPPENS ALL THE TIME IN GOVERNMENT AND PEOPLE SCREAM AND CRY ABOUT IT BECAUSE, BECAUSE WHEN GOVERNMENT COMES IN AND TELLS YOU THAT YOU NO LONGER HAVE THE ABILITY TO MAKE A LIVING, IT'S EASY FOR EVERYBODY ELSE EXCEPT FOR THE PEOPLE THAT, THAT UH, THAT IT AFFECTS.
BUT THE PEOPLE THAT AFFECTS IT AFFECTS HEART.
AND I, I STAND CORRECTED ON THE, ON THE, UH, I WAS, I WAS COMPARING IT TO THE, TO THE DEAL THAT WE HAD MAIN LAST TWO WEEKS AGO, NOT THE, THE ORIGINAL ONE.
AND I THINK WHY IT'S A WEAKER THAN THE EXISTING CAUSE IF YOU FEEL THAT THE NEW ONE WOULD PUT PEOPLE OUT OF BUSINESS, THE EXISTING ONE WOULD DO THAT AND MORE FASTER.
AND SO, CAUSE I DON'T, I DON'T THINK, I DON'T THINK THEY'RE GOING TO GO BACK PAST THAT FIRST VIOLATION.
I THINK THEY'RE, I THINK THEY'RE GOING TO GET THEIR $25 FINE OR THEY'RE GOING TO LEARN THEIR LESSON.
THAT'S EXACTLY WHAT, WHAT WANTS TO HAPPEN.
BUT YOU'RE ALSO AT, YOU'RE ALSO ADDING A A 30 DAY SUSPENSION FOR THE SECOND OFFENSE.
I THOUGHT YOU WANTED THAT FOR THE FIRST.
NO, I CAN GO OVER IT AGAIN CAUSE I'M A FIRST OFFENSE.
I'M SORRY, 60 DAYS SUSPENSION.
BACK TO THE COST OF CLASS WITHIN 180 DAYS, 60 DAYS SUSPENSION, $2,500 FINE.
THIRD IS 120 DAYS SUSPENSION, 2,500 AND THE FOURTH IS REVOCATION.
I THINK THAT IS A STRONG THING, BUT I THINK HAVING BEEN A SMALL BUSINESS OWNER MYSELF, I KNOW WHEN STAFF JUST DOESN'T DO IT RIGHT AND YOU DON'T WANT TO BE PUT OUT OF BUSINESS BECAUSE SOMEBODY ELSE DIDN'T HOLD THE SAME STANDARDS YOU DID FOR WHATEVER REASON.
SO THAT'S WHY I AM A WEAKENING IT, BUT STILL MAKING IT STRONG.
I'M STILL GOING TO VOTE AGAINST IT BECAUSE WE W CAUSE WE, I THINK WE HA WE ENTERED IT INTO A, A PUBLIC TRUST TWO WEEKS AGO AND W W I, I WANT TO KEEP MY WORD ON THAT BUT I APPRECIATE YOU CLARIFYING IT.
IT'S NOT AS DRACONIAN AS I THOUGHT IT WAS AND I TAKE THE WORD BACK.
SO MR MAYOR, I DO HAVE A CLARIFICATION.
SO MR GOLDWELL, YOU SUGGESTED 180 DAYS AND I KNOW I ASKED YOU THAT AND YOU CAME UP WITH THAT ON THE FLY AS, AS WE'RE SITTING HERE THINKING ABOUT THAT AND YOU THE CLOCK STATION OF THAT, IT MAY IMPEDE THE ABILITY TO DO THE SEC, THE FIRST AND SECOND COMPLIANCE CHECKS.
SO 180 DAYS MAY BE A LITTLE TOO LONG.
IF IT WERE FOUR MONTHS, THAT MAY BE EASIER FOR US TO SQUEEZE THAT IN.
IF HOW ABOUT 90 DAYS WE DON'T, WE'D BE OKAY WITH 90 DAYS TOO.
I THINK WE JUST WANT TO MAKE SURE THAT IT'S, IT IS ENOUGH TIME FOR THEM TO GET EVERYBODY THROUGH THE PROGRAM.
HOW OFTEN IS THE COURSE OFFERED? YES, YOU DO.
THE CHORUS FOR A A STORE WHENEVER THEY WANT IT.
WE DO A MONTHLY TRAINING UP AT BAS THAT THEY'D BE WELCOME TO JOIN AND WE DO THAT EVERY MONTH, EVERY MONTH.
I WOULD AMEND MY MOTION TO SAY 90 DAYS.
WELL WE HAVE A MOTION AND A SECOND ON.
A SECOND ON MY AMENDED MOTION.
ANYBODY ELSE NEED TO SPEAK BEFORE WE, WE VOTE? OKAY.
MOTION CARRIES BY A FOUR TO ONE VOTE WITH MAYOR WELL'S VOTING.
[17. Mayor and City Council Cafeteria Benefits Review RECOMMENDATION: That the City Council adopts the next Resolution, in order, adjusting the cafeteria benefit allotment from $1,150 per month to $1,200 per month, effective January 2020, for Mayor and City Councilmembers.]
ITEM 17 IS AN ADJUSTMENT TO THE CAFETERIA BENEFITS FOR THE MAYOR AND COUNCIL MEMBERS.AND I'LL ASK STAFF TO TELL US ABOUT THIS ITEM.
SURELY, MR MAYOR, MEMBERS OF THE CITY COUNCIL, UH, LAST, UM, DURING THE LAST FISCAL YEAR, THE CITY COUNCIL APPROVED NEW MEMORANDUMS OF UNDERSTANDING WITH ALL THE EMPLOYEE GROUPS.
ONE OF THE NEGOTIATED ITEMS IN THAT WAS TO ADD $50 PER MONTH FOR THE CAFETERIA PLAN BECAUSE WE DO LIKE TO KEEP ALL THE CAFETERIA PLANS, UNIFORM STAFF'S RECOMMENDING THAT WE INCREASE THE CITY COUNCIL'S CAFETERIA PLAN BY $50 A MONTH AS WELL.
THAT WOULD BE EFFECTIVE JANUARY 1ST.
UM, IT WOULD ONLY APPLY TO THOSE
[03:25:01]
THAT RECEIVE THAT BENEFIT.UM, AND MISS, UH, MEGAN BLAKE IS HERE TO ANSWER ANY OTHER SPECIFIC QUESTIONS THAT MAY HAVE ANY, UM, ANY QUESTIONS FOR STAFF.
ARE THERE ANY, UH, CARDS ON THE SIDE OF MY MEGAN? I THINK WE'RE OKAY.
ALL RIGHT THEN STAFF AND SEEMS PRETTY A SIMPLE HOUSEKEEPING MOVE.
IS THERE A SECOND? MOVING SECOND FOR THIS VOTE.
THERE ARE NO COMMISSIONER REPORTS
[13. 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.]
TODAY.ITEM ACTIVE 18 IS MY ACTIVITIES REPORT, WHICH IS AS REPORTED.
THERE IS A LEGISLATIVE REPORT.
ITEM 20 IS REGARDING STREET RACY AND EXCESSIVE SPEEDING.
UM, SO ONE OF THE THINGS THAT I'VE NOTICED AS A, AS A PROBLEM AND, AND, AND ACTUALLY THIS IS KIND OF AN INTERESTING THING BECAUSE I'VE BEEN ON COUNCIL NOW SINCE 2008 AND IT SEEMS LIKE WE HAVE REALLY DONE A GOOD JOB OF TAKING CARE OF MOST OF THE GLARING PROBLEMS, AT LEAST TO THE POINT THAT WE, THAT WE CAN AFFECT THAT KIND OF CHANGE.
UM, ONE OF THE THINGS THAT I HAVE PERSONALLY BEEN IRRITATED BY IN A LOT OF PEOPLE COMING UP TO ME TALKING TO ME ABOUT IS THE RECKLESS DRIVING THAT WE SEE ON THE STREETS.
UM, I DON'T KNOW IF ALCOHOL DOES WORSE THAN OTHER AREAS.
IT SEEMS TO ME IT IS MAY ASSIST CAUSE I'M HERE A LOT, BUT I SEE SO MANY INCIDENTS OF UNBELIEVABLY DANGEROUS, RECKLESS DRIVING PEOPLE RACING ON THE STREETS AND I DON'T THINK WE HAVE TO JUST SIT AND TAKE IT.
UM, CERTAINLY WE'RE LIMITED IN WHAT WE CAN DO.
UM, THERE ARE A LOT OF PEOPLE SAY, OH, YOU SHOULD IMPOUND PEOPLE'S CARS.
UM, OR AT LEAST NOT FOR A LONG PERIOD OF TIME, BUT I THINK THAT ONE OF THE THINGS THAT WE COULD DO IS ASK OUR POLICE DEPARTMENT TO UP THEIR ENFORCEMENT ABOUT THIS.
AND WE CAN ALSO ASK THE PUBLIC TO GET ENGAGED IN THE PROCESS.
AND WHAT I'M SUGGESTING IS A EDUCATION PROGRAM THAT WOULD GIVE PEOPLE A PHONE NUMBER TO CALL WHEN THEY SEE, UH, WHEN THEY SEE STREET RACING ON THIS HAPPENING IN THEIR NEIGHBORHOODS.
IF THEY CATCH THE, THE LICENSE PLATE NUMBER THEY CAN GIVE THAT IF THEY KNOW IT'S THEIR NEIGHBOR THAT'S DOING IT, IF SOMEBODY THEY SEE THEY CAN, THEY CAN SAY THAT AS WELL.
UM, NOT THAT WE'RE GOING TO BE ABLE TO, UM, ERADICATE IT OR PUT PEOPLE IN JAIL AS A RESULT, BUT AT LEAST THE POLICE CAN GO OUT AND TALK TO THEM AND, AND TELL THEM THAT, THAT WE'RE AWARE OF WHAT'S HAPPENING.
I THINK THERE'S POTENTIALLY GRANT FUNDING OUT THERE THAT MIGHT FUND SOMETHING LIKE THIS.
I THINK IT HAS TO COME THROUGH ENFORCEMENT.
UM, NEIGHBORS SPYING ON NEIGHBORS IS A LITTLE, UH, IRON CURTAIN TO ME.
I, I'M, I'M THINKING MOST MOSTLY IT'S GOING TO BE YOUR, AT THE STOP SIGN, YOU'RE AT THE STOPLIGHT, SOMEBODY BLOWS THROUGH THE RED LIGHT IN FRONT OF YOU.
YOU SEE THEIR LICENSE PLATE, YOU JOT IT DOWN TO YOU, YOU CALL THE POLICE AND SAY, HEY, SOMEBODY ALMOST GOT KILLED HERE.
AGREE, BUT I SUPPORT YOU'VE GOT A GREAT IDEA.
YEAH, I WOULD AGREE WITH IT TOO.
THERE WAS A INCIDENT IN OKLAHOMA.
IT WAS A, ONE OF MY FRIENDS WHO'S ACTUALLY A SCHOOL TEACHER HERE IN OKLAHOMA, HER BROTHER, THEIR CAR GOT WRECKED.
UM, THEY REACHED OUT TO ME AND UH, THEY, THEY FELT AT A LOSS.
THEY WERE IN THE HOSPITAL BILLS.
SO, UM, IT'S GETTING DANGEROUS.
SOMEONE COULD HAVE BEEN KILLED.
THANK YOU FOR BRINGING THIS UP.
WHAT DO YOU NEED FROM US AS ROGER? I THINK JUST THE DIRECTION AND THE DIRECTION AS WE HEAR IT IS THAT YOU'RE GIVING US THE AUTHORITY TO GO OUT AND DO SOME STUFF.
WE'LL DO IT WITHIN OUR BUDGET PER VIEW.
WE'LL COME BACK AND REPORT HOW IT WENT.
UM, I THINK IT GIVES US A CHANCE TO LOOK AT THIS FROM A LITTLE BIT OF A FRESH PERSPECTIVE AND MAYBE COME UP WITH SOME DIFFERENT IDEAS.
UM, WE'VE ACTUALLY BEEN IN DISCUSSIONS WITH SOME, SOME POTENTIAL PARTNERS WITH SOME GRANT FUNDING TO MAYBE HELP US DO SOME THINGS AND WE WOULD BRING THOSE TYPES OF BIG IDEAS BACK TO THE CITY COUNCIL.
BUT THIS GIVES US A PLATFORM TO DO THAT.
SUPER APPRECIATE YOUR HELP ON THIS.
DO WE NEED TO VOTE ON THIS OR DO YOU HAVE YOU GOT THE DIRECTION? NEED? I'M FINE WITH THE DIRECTION WE JUST HEARD.
[14. ACTIVITIES REPORTS/COMMENTS OF COUNCILMEMBERS:]
THERE WERE BACK ACTIVITY REPORTS, COUNCIL MEMBER KENDRICK AS REPORTED COUNSELOR, MY CALLING AS REPORTED DEPUTY MAYOR STEVE GOBLE AS REPORTING COUNCIL MEMBER PHIL ORTIZ, ONE AMENDMENT ON THE FIFTH.I HAD A PHONE CONVERSATION WITH REPUBLIC SERVICES.
UM, THERE ARE NO JOINT COUNCIL REPORTS.
THERE ARE GENERAL INFORMATION ITEMS FOR DISCUSSION.
THERE ARE NO FIRST READINGS OF ORDINANCES AND NO SECOND READINGS.
TODAY WE ARE AT CLOSE SESSION AND OUR CITY ATTORNEY WILL RECITE THE TITLE AND LEAD US IN THE CLOSED SESSION.
[03:30:01]
BEFORE WE DO THAT, AS YOU READY CALL, WE ADDED ANOTHER AGENDA ITEM.SO IF WE COULD HANDLE THAT AT THIS TIME AND THEN WE WOULD, UH, CALL FOR THE CLOSED SESSION.
UM, TELL US ABOUT THE AGENDA ITEM AND WHAT WE NEED TO DO.
MR EPPERSON, WE'LL TAKE THIS PORTION.
SO A VERY ALL OF A SUDDEN TYPE OF THING HAPPEN.
UM, THIS MORNING WE COME INTO WORK AND WE GET A MESSAGE THAT OUR CURRENT SEWER BILLING COMPANY IS GOING OUT OF BUSINESS.
AND SO THIS IS A COMPANY THAT HANDLES, UH, THE SOFTWARE THAT, THAT KIND OF KEEPS TRACK OF ALL OF OUR CUSTOMERS AND, AND WHAT THEY OWE AND WHAT THEY'VE SAID.
W WHEN THEY CALL IN, THEY ALSO HAVE A CUSTOMER SERVICE NUMBER.
UH, THEY ALSO HAD HANDLED THE BILL PRINTING AND THE BILL MAILING.
AND SO I'M NOT BILL WELLS MAILING, BUT JUST THE BILL THAT YOU RECEIVE YOUR INVOICE.
AND SO, UM, WE, WE ARE KIND OF AT A LOSS.
WE'RE, WE'RE TRYING TO FIGURE OUT WHAT OUR OPTIONS ARE, BUT WE KNOW THAT, UM, HMM.
AS OF NOVEMBER 30TH, WE DON'T HAVE A SERVICE ANYMORE.
UH, THEY HAVE OFFERED, THE COMPANY HAS OFFERED TO TEAM UP WITH ANOTHER COMPANY AND STAFF WAS MEETING WITH THE OWNER OF OUR CURRENT COMPANY AND THE OWNER OF THE NEW COMPANY WHO IS OFFERING SOME TYPE OF HAND OR HAND OVER OR, OR SOME TYPE OF WHATEVER.
AND UM, THE ONLY THING I HEARD WAS THAT IT'S A LOT MORE EXPENSIVE, SO WE HAVE TO DIG INTO THAT MORE TOMORROW.
UH, THIS IS ALL VERY FRESH, BUT IN THE MEANTIME, WHAT WE'RE ASKING FOR IS SOME ABILITY TO UTILIZE THE FUNDS THAT WE HAVE WITHIN THE CURRENT BUDGET.
UH, OBVIOUSLY THERE'S SOME MONEY THAT WAS APPROPRIATED TO THE CURRENT COMPANY THAT WILL NO LONGER BE NEEDED CAUSE THEY'RE LEAVING TOWN.
AND, UM, WE'RE, WE WANT TO BE ABLE TO UTILIZE THOSE FUNDS.
AND SO WE'RE ASKING THAT WE WAIVE THE BIDDING, UM, REQUIREMENTS AND AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENTS IN ORDER TO MAINTAIN SEWER BILLING SERVICES WITHIN THE CITY OF OKLAHOMA.
NOT TO EXCEED THE AMOUNT AUTHORIZED IN THIS FISCAL YEAR, WHICH WAS 600, 8,000 TO 10 OF WHICH SOME OF IT'S ALREADY BEEN SPENT.
BUT, UH, WE DON'T, WE DON'T WANT TO GO OVER THAT, BUT WE WANT THE AUTHORITY, UH, FOR THE CITY MANAGER TO EXECUTE THOSE CONTRACTS SO THAT WE DO NOT DISRUPT SERVICE, UH, POSSIBLY IN THE SHORT, UH, SHORT TERM.
UH, AND WE WILL LOOK FOR, UH, OPTIONS FOR THE LONGTERM AS WELL.
REMEMBER THE NIGHTMARE OF GETTING BEHIND ON SEWER BILLING BEFORE.
THAT'S WHAT WE WANT TO AVOID, SIR.
UM, QUESTIONS, COUNSEL, ARE THERE ANY REMEDIES FOR, THIS SOUNDS LIKE A BREACH OF CONTRACT IN A SENSE.
ARE THERE ANY REMEDIES AVAILABLE? YEAH, I HAVEN'T.
I HAD A CHANCE TO LOOK AT THE AGREEMENT.
IT WAS DONE BACK IN 2012 I THINK.
AND IT'S BEEN AMENDED FOUR TIMES.
BUT I'LL TAKE A LOOK AT IT OBVIOUSLY AND WE'LL SEE WHAT MY GUESS IS WE'RE LOOKING AT BANKRUPTCY COURT.
GENERALLY BANKRUPTCY PROTECTION PROTECTS THEM FROM THOSE KINDS OF REMEDIES, RIGHT? YES AND NO.
IT DEPENDS ON WHETHER IT'S A REORGANIZATION OR, OR, YEAH, SOMETIMES ALL NATURE.
AND IS IT'S OUR INTENTION TO, THIS IS A SHORT TERM REMEDY AND THEN OPEN UP A NEW, UH, FOR FORBID A NEW PERSON OR A NEW COMPANY IN THE FUTURE.
IS THAT, IS THAT THE INTENTION OR WOULD YOU JUST, YOU JUST GOT TO FIGURE OUT WHAT'S GOING TO COME? WELL WE'D LIKE TO DO IS UM, GET SOMETHING IN PLACE IMMEDIATE CAUSE IT IS AN IMMEDIACY AND THEN WHATEVER CONTRACTS I SIGN, IF THEY'RE ABOVE MY SIGNING AUTHORITY, WE WOULD BRING THAT BACK TO THE CITY COUNCIL FOR RATIFICATION.
SO THERE'S FULL TRANSPARENCY OF, OF THE PURCHASE AGREEMENT.
WHAT WE HOPE TO DO AT THE JANUARY 14TH MEETING IS TO BRING FORWARD A RANGE OF OPTIONS FOR THE CITY COUNCIL TO CONSIDER.
ONE OF THOSE OPTIONS MAY BE TO GO OUT TO DO A BID OR AN RFP, BUT THERE MAY BE SOME OTHER OPTIONS AS WELL.
DO WE, UM, I ASSUME WE DON'T HAVE ANY CARDS ON THIS.
I DO WANT TO SAY TO THE GENERAL PUBLIC, UH, SINCE IT WAS NOT ON THE AGENDA, IF ANYBODY WOULD LIKE TO COME SPEAK AN EIGHT, YOU'RE WELCOME TO COME SPEAK ON THIS ITEM.
THEN WE WILL BRING IT TO COUNCIL FOR A VOTE.
UH, WITH THE, SO THE, THE, THE, THE ASK IS JUST THAT THE, UH, CITY CITY MANAGER HAVE THE AUTHORITY TO RENEGOTIATE A, AT LEAST A TEMPORARY CONTRACT.
SO WE DON'T GET BEHIND IN THE BILLING.
AND MR MAYOR, THAT'S THROUGH THE FORM OF A RESOLUTION THAT'S ATTACHED WITH THE MEMO AT YOUR, AT THE DIOCESE.
OH, I SHOULDN'T DO THEY GET UP THE BIDDING PROCESS OF SINGLE BITTER THAT APPROPRIATE? UH, JUST A, YOU CAN MOVE TO ADOPT THE PROPOSED RESOLUTION.
BOB SAYS, LET'S MOVE TO ADOPT THE PROPOSED RESOLUTION AND THE CARRIE SECONDS
[03:35:01]
THAT PLEASE VOTE.[23. CLOSED SESSIONS:]
ALL RIGHT.UH, MORGAN, IF YOU COULD THEN LEAD US INTO CLOSED SESSION.
AND BEFORE I'LL ANNOUNCE THE CLOSED SESSIONS.
WE DO HAVE A SPEAKER CARD ON EACH ONE OF THE CLOSED SESSIONS.
BOTH OF THESE ARE ITEMS 25 AND 26 ARE CLOSED SESSIONS FOR CONFERENCES WITH THE LEGAL, AND I'M SORRY, THAT REAL PROPERTY NEGOTIATORS FOR THE CITY PURSUANT TO SECTION FIVE FOUR NINE FIVE, 6.8 OF THE GOVERNMENT CODE, THE LOCATION OF THE PROPERTY IS 1001 WEST BRADLEY AVENUE.
THE ONE CLOSE SESSION IS TO DEAL WITH, UH, NEGOTIATING PRICE AND TERMS FOR LEASE PAYMENTS WITH WASTE MANAGEMENT INC.
AND THE OTHER IS TO DISCUSS THE SAME TERMS PRICE AND TERMS FOR THE SAME PROPERTY, UH, ON BEHALF OF REPUBLIC SERVICES AS THE OTHER PARTY.
COULD YOU CALL THE SPEAKERS PLEASE? THE SPEAKER FOR ITEM 25 IS CHRISTINE COSTA.
I WAS JUST SAY GOOD AFTERNOON, BUT GOOD EVENING.
HONORABLE MAYOR, COUNCIL MEMBERS AND STAFF.
UM, I COME BEFORE YOU THIS EVENING REGARDING ITEM 25 ON YOUR AGENDA TODAY.
UH, REGARDING A PROPERTY AT 1001 WEST BRADLEY AVENUE AS YOUR CURRENT TENANT AT THE PROPERTY.
JUST WANT TO PERSONALLY SAY THANK YOU FOR THE OPPORTUNITY TO LEASE THE PROPERTY, UM, FOR THE LAST 24 YEARS.
UM, AND TO BE A LONG COMMUNITY PARTNER OF THIS GREAT CITY FOR THE PAST 40.
WE'VE BEEN PROUD TO CALL 1001 WEST BRADLEY OUR HOME FOR THE PAST 24 YEARS AND WE APPRECIATE THE OPPORTUNITY TO NEGOTIATE A NEW LEASE WITH THE CITY, WHICH WOULD ALLOW US TO CONTINUE CALLING ALCOHOL IN OUR HOME AND SUPPORTING THIS GREAT CITY FOR MANY YEARS TO COME.
SO FOR TODAY'S CLOSED SESSION MEETING, UM, I'D LIKE TO RESPECTFULLY REQUESTS THE OPPORTUNITY TO SUBMIT A FEW LETTERS OF SUPPORT FROM SOME OF OUR COMMUNITY PARTNERS.
UM, AND WITH YOUR PERMISSION, I'D LIKE TO GIVE THEM TO ANGELA SO SHE CAN IN TURN PROVIDE THEM OVER TO YOU ALL FOR THE MEETING.
SEE, IT'S HARD TO SAY PROBLEM WITH THAT.
AS FAR AS CLOSE SESSION GOES, THEN PLEASE DO.
ITEM 26 IS MICHAEL SIMONSEN AND MICHAEL.
GOOD EVENING, HONORABLE MAYOR.
COUNCIL MEMBERS, MR CITY MANAGER AND STAFF.
I'M WITH REPUBLIC SERVICES AS MOST OF YOU KNOW, REPUBLIC SERVICES IS A NATIONAL LEADER, UH, IN THE INDUSTRY OF PROVIDING WASTE AND RECYCLING, COLLECTION, PROCESSING AND DISPOSAL ACROSS THE COUNTRY IN 40 STATES.
HERE LOCALLY WE ARE CURRENTLY THE CITY OF CHULA VISTA IS FRANCHISE HOLLER AND WE ALSO OPERATE IN THE CITY OF SAN DIEGO AND THE COUNTY UNINCORPORATED AREAS OF THE COUNTY.
IN ADDITION TO OUR HAULING OPERATIONS HERE IN THE COUNTY, WE ALSO OWN AND OPERATE THE SYCAMORE LANDFILL LOCATED AT MASS BOULEVARD AND HIGHWAY 52 AND THE OTI LANDFILL IN CHULA VISTA AS WELL AS THE PALOMAR TRANSFER STATION IN THE CITY OF CARLSBAD.
WHEN YOU GO INTO CLOSED SESSION, YOU WILL HAVE THE OPPORTUNITY TO SEE A VERY THOUGHTFUL AND ROBUST PROPOSAL THAT WE HAVE SUBMITTED TO THE CITY REGARDING THE CITY OWNED PROPERTY AT ONE ZERO ZERO ONE WEST BRADLEY AVENUE.
I SIMPLY JUST WANTED TO ENCOURAGE YOU TO LOOK CLOSELY AT OUR PROPOSAL AND UNDERSTAND THAT WE ARE COMMITTED TO WORKING IN PARTNERSHIP WITH THE CITY TO MAXIMIZE THE VALUE OF THAT PROPERTY AND WE LOOK FORWARD TO WORKING WITH YOU IN THE FUTURE.
LET ME IF THERE'S ANY QUESTIONS.
I'D LIKE TO MAKE A MOTION THEN TO GO TO CLOSED SESSION.
MOTION CARRIES BY UNANIMOUS VOTE.
LADIES AND GENTLEMEN, WE'LL BE BACK.
UH, HOPEFULLY NOT TOO LONG AND CONTINUE THE MEETING.
THE CITY COUNCIL MEN CLOSED SESSION ON TWO MATTERS BOTH INVOLVING REAL PROPERTY NEGOTIATIONS FOR THE SAME PROPERTY, ONE DEAD BELOW ONE WEST BRADLEY AVENUE AND THE OTHER PARTIES WERE IN ONE CASE WASTE MANAGEMENT INC AND THE OTHER WERE REPUBLIC SERVICES.
CITY COUNCIL HAS AGREED TO FINALIZE NEGOTIATIONS WITH WASTE MANAGEMENT INC FOR THE LEASE OF THAT PROPERTY GIVEN DIRECTIONS TO ITS NEGOTIATORS TO DO SO.
AND THAT MAKES THE UM, UH, DECISION ON ITEM 26, UH, MOOT RENDERS THAT MOOT BECAUSE THERE WILL BE NO DECISION TO AT LEAST WITH THEM ANY LONGER.
THIS BRINGS US TO A GERMAN AT THE REGULAR JOINT MEETING OF THE ALCON CITY COUNCIL CALLED HOUSING AUTHORITY HELD THIS 12TH DAY OF NOVEMBER, 2019 IS ADJOURN TIL DECEMBER 10TH, 2019
[03:40:02]
AT 3:00 PM.