I call the police.

I call the police.

It's like a Tesla.

We'll call this meeting to order.

A sacrament of city council.

Please call the roll.

Thank you, Mr. Mayor.

Councillor Member Kaplan.

Councillor Member Dickinson.

It's expected momentarily.

Vice Mayor Tallah Montez.

Councillor Member Pluckybaum.

Councillor Member Maple.

Mayor Prutem Gatta.

Councillor Member Jennings.

Councillor Member Vang.

Mayor McCarty.

You have a quorum.

Thank you.

Good afternoon and welcome to the sacrament of city council meeting.

We will have two minutes to address the council and the timer will be on the screens behind me.

So that everyone has the opportunity to address the council members of the public or ask to serve the rules of decorum.

The council rules will proceed your outline to quorum expected in chambers and can be found on our website, copies in the back of the room and is summarized on the back of the speaker slip.

For instance, use of swear words yelling from the audience physically threatening conduct and displays of disrespected or discouraged.

The presiding officer requested a person cease disruptive conduct and if not immediately stopped, the presiding officer will ask the person to leave the meeting.

This meeting is being video streamed and can be viewed later or live on our city's website.

And if you also need a parking validation, they can be picked up from the clerk at the front of the room.

So Mr. Mayor, who would you like to have the do the line to acknowledge this afternoon?

Mr. Dickinson.

All right. Thank you. Please rise. If you are able.

This is for the opening acknowledgement and honor of sacraments indigenous people and tribal lands.

To the original people of this land, the Nisanan people, the southern Maidu Valley and Plains, Miwak, Patwyn, Winton and the peoples of the Winton, Wilton, Rancheria, Sacraments only federally recognized tribe.

May we acknowledge and honor the native people who came before us and still walk beside us today on these ancestral lands by choosing to gather together here today.

In the active practice of acknowledgement and appreciation for sacraments indigenous peoples history, contributions and lives.

Thank you. And please join me in the pledge of allegiance.

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God and visible with liberty and justice as a moral.

Madam City Attorney, do we have a report out from closed session?

There is a minor councilman in closed session to discuss one item of litigation as I said on the agenda and there's nothing to report out at this time.

Thank you. So Mr. Mayor, we'll go to the consent calendar.

I do have three speakers on consent. Would you like to take those first or ask your colleagues if they have comments?

Yes. Would any council members would like to pull any items from the consent calendar or flag for discussion?

Council member Kaplan.

Thank you, Mayor. Brief discussion on item four and comments on item 11.

Council member Maple.

I have three speakers.

I have four.

I have four.

Mr. Worley speaking on item one.

Other things in here that you got set up that you should talk to the people when you're going to put the private sector with the government.

How much is nonprofit and how much of that's fun?

So these are the things that people, did you have an audience? Do you have constituents ask you questions?

No. That's the problem with this. That's really not going to refer to you as a whole house of government.

And I'm going to continue to do that until I see better.

And from what do you see, I'm going to see better because some things yet that I want the FDA to take a look with me.

Oh, it's not snitching. It's coming out public and let you know. I told them to look at it.

So wake up to what's going on here on a consent calendar, but you're not educating your constituents.

They voted for you to represent them. We saw some of the other times that nobody made comments.

We saw seven to pollitarian procedures on the one person. No, those policies were seizures. Other people vote no. Yes.

It would never end the discussion. Wake up people.

Thank you for your comments. Henry Harry on item 20.

Just super quick here. In reading this item, it just concerned me that

we may be spending money here. And I know it's some federal money that's coming in on something that may not be necessary.

I'm no expert on this.

But this item talks about spending money to enhance telecommunications and Wi-Fi connectivity to the underserved community.

Now, if you're in Sacramento, city, like most of us, I can take out my cell phone. I can hit the Wi-Fi connection.

And most of you council members can connect up to it and do your business.

So I'm not comfortable if we're just grabbing federal money just because it's there.

Next speaker is Lambert on item 21 and then Kim Stevens on item two.

Yes, I'm here to speak on item 21. I wanted to send some shouts out to the people.

I was impressed with district two representative Dickerson who came in and barely got in his seat and they throw him right to acknowledge me.

You have to know what you're doing to be thrown in there like that. That kind of reminds me of the pastures under pressure.

The vice mayor, telemante, I like that selection. We need some fresh views, mayor, pro-tim, guerra.

I mean, what more can I say if I endorse you? Also, my vang has been appointed to race equity.

We need different views. And she has different views that I agree with.

Shout out to team Hart and Hustle and congratulations on your wedding.

And last but not least, a lot of my elders and family members and friends, they voted for Mr. Dickerson years ago.

And he's returning back at a great time to stabilize the district that was in chaos.

And so hopefully things will change and that's it.

Thank you for Kim Stevens on item two. Is our final speaker on the consent calendar?

First of all, good afternoon and congratulations each of you to my district leader. My vang, congratulations.

We appreciate your hard work and dedication. I'm here today to first of all welcome, welcome, welcome. Sorry.

But I'm here today to speak about the revitalized South Sacramento.

I have reached out to all of the South area council members and our pro-tim to ask for your participation at support.

Because as he just eloquently said, sometimes things are in chaos and we need our leadership.

We need our constituents, our partners, our individuals, our families.

And everyone needs to know that our voices are being heard. We are creating a space for you to tell us what's going on in your specific districts and how we can come together and work together.

Identify the things that are going right. Identify the things that are not going right. Identify the things of opportunities of improvement.

The only way that we can do that is if you come in the space. So I plead with you. I ask you to please respond to the emails that have been sent to accept the invite to the revitalized South Sacramento summit that will be held on Wednesday, February 19th.

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and I'm Steve and I'm Steve and I'm Steve and I'm Steve and I'm Steve because I found and I guess the bias of thisides is to get a lot of

down typeside. For plus ups and downs to our vertical gains. This is a lot of where

on our similar Independence Day and get a lot of points in keeping this ahead in kind of case.

And because I was were struggling with this, thing of these issues because in Crazy?

and back of things?

I was waiting for actions.

Yeah.

this budget deficit, how are we making sure that there's equity across the city so that

areas that you know don't have specific HOAs and fees are making sure that they are

getting mode you know twice twice a month and then just want to follow up on city staff

as we were able to secure additional one time funding. What does that look like for discussions

again as we know maintenance fees are going to be coming back around and just paying attention

because some of our CFDs are running overages and not meeting because of the cost of going

up. So something that I just wanted to call out that we make sure we monitor because

I think it's the little things with our community members that matter the most and having

mode lawns and modes streetscapes and taking care of sidewalk issues is very important.

Moving on to item 11, I just want to call out and thank you. We all know what's been happening

down in LA for the past week which is absolutely devastating especially for those in a historically

African-American area who have lost their houses. Schools have been lost. People are out of

jobs. Kids have nowhere to go and we are always better when we're together so I want to thank

our leadership within our fire department and others especially California task force seven

urban search and rescue team for going down in the many others in our region because this

is where California shines when we all come together and they deserve a thank you for that.

Thank you council member maple and items 10 and 20. Thank you. First both of these items

want to say more broadly and there's so many things in our city because of our budget

challenges and because of the work that we do that rely on grants and it takes an enormous

amount of work from our city team to make these grants a reality and many of these are very

very competitive and so they're putting together wonderful grant applications that are incredibly

competitive that are getting selected time and time again so just want to really call out

the incredible team in particular on item 10 the fruit Ridge road safety and mobility plans

that's from fruit Ridge road from stock to boulevard excuse me to i5 is another great example

of this is the type of thing that they that our team our city team here's from us all the time

here's from our constituents about road safety and this is them putting it into action so I just

really want to congratulate the team on the excellent work to improve safety and mobility and self-sacromanal thank you

and then on item 20 similar comments but related to connectivity I know I heard one of the public

commenters with questions about connectivity and I can say that while a lot of people do have

access to to cell phones and other networks there's a lot of people who still don't and we have

connectivity issues and a lot of the areas that I represent we still have underserved communities

that that are struggling to get connected and we saw that firsthand during the pandemic when there

were viral videos of students going to the McDonald's at the Taco Bell parking lot to get on Wi-Fi so

that they could do their schoolwork so there's a lot of there's this is a hugely important program

and just want to shout out that this is impacting my district in a very positive way including the

Southland mobile homes on Florida so thank you again to the staff

thank you we have no more comments from your colleagues okay

I have motion a second on the consent goutter motion like Kaplan second like Gara please call the roll

thank you council member Kaplan council member Dickinson vice mayor telemante's council member

plekibom council member maple mayor pertin gatta council member Jennings council member vang

mayor rickardy hi that passes unanimously thank you next item please

do we move on to the discussion calendar item 22 was a report to council following the

modifications of sections 5.138.040 and 5.138.060 of the Sacramento City Code relating to

tobacco retailer licensing

afternoon thank you mayor and council I am Sean barthas with the community development department

I'll be giving you a brief update regarding title 5138 of the Sacramento City Code regarding tobacco

retailers a brief timeline in April of 2019 there were some amendments which included a

prohibition on flavor tobacco and also a proximity requirement between retailers what the

proximity requirement is if there's already a tobacco retailer within a thousand feet of a new

application at that the application would be denied and not accepted later on that year in

august there are some amendments to the zoning code which required a conditional use permit for

most tobacco retailers in october there was of 2020 there was an amendment that allowed for healthy

foods exemption so if a store sold 10% percent of their shelf was healthy foods and less than 5%

of their shelf was tobacco they can get an exemption to that proximity requirement

when the last amendment was passed there was 240 tobacco retailer licenses in the city

fast forward just under four years later and we have an increase up to 311 now

that's an increase overall of 71 tobacco retailers of those 71 a 27 open using the

healthy foods exemption while 44 were able to open without that healthy foods exemption

there were about 300 notice of violations issued for flavor tobacco most of those were issued

at the very beginning when there was a lot of confusion that died down a lot since then

and there's been some updates to the state law that went into effect that the first of the year one

of them was creating an unflavered tobacco list that would create or end any confusion so by the

end of the year the attorney general will have a list compiled of all tobacco products that are

unflavered and if they're not on that list they will not be able to be sold in california

and that includes e-cigarettes that are not FDA approved even if they're not flavored they won't

be able to be on that list it also allows for confiscation of flavor tobacco products by law

enforcement agency and code enforcement in the city of sacramental does the enforcement on that

so to require a code change for us to be able to take that action as a reminder this we're

going to move forward status quo unless council gives us other direction thank you

thank you thank you

thank you

do you have five speakers on this item would you like to take them now yes please thank you

Michael Andrew Barnbaum Rachel Averis Alvarez Kimberly Banks-Dinley Macworthy

then plushette Robertson thank you mayor and council Michael Barnbaum I am a resident of

district two wanted to speak to this item because it is one that was a very touching and

emotional to me particularly over the last year hearing stories and sit down conversations at

events and house parties when the tobacco industry came up

I would like to see from this report a little bit stronger measures taken that would

ultimately for the love and protection of people work to eliminate tobacco retail licensing

in the city of sacramental and hopefully beyond I got to know somebody very well over the last year

and the story was told to me that when they were 11 back in 1994 they lost one of their parents

due to the tobacco industry you know this was back in the day when a lot more

marketing and promotion billboard advertising radio and television advertising of the industry was

more prevalent and I think about them and their parent every day when a topic like this comes up

and so I hope that the city can think about you know how do we make saving lives

more possible in this and so I would hope that there could be even more extreme measures taken

against tobacco retailing thank you thank you. Thank you. Thank you. Rachel Alvarez.

Good afternoon mayor McCarty and council members and happy new year and welcome

sorry to all the new faces my name is Rachel Alvarez and I am the vice chairperson of the

greater sacramental smoke and tobacco-free coalition the mission of our coalition is to create

smoke and tobacco-free communities in sacramental county our membership is made up of us community

members who live and do work in sacramental county and I'm providing comments today on behalf

of the entire coalition this council has demonstrated on numerous occasions that it values the health

of our community members especially our young people today we're asking you to make a decision

that reinforces that commitment to public health and the future of our young people here in the city

of sacramental the initial adoption of the menthol and flavor tobacco ban in 2018 was a huge step

in protecting our community from the harms of commercial tobacco products unfortunately the

adoption of the healthy food exemption in 2020 weakened the ordinance by opening a loophole

for tobacco retailers the coalition is extremely grateful that the report on the status of tobacco

retail licenses or TRLs following the adoption of the healthy food exemption was shared with

this council and the public and the report very clearly demonstrates that there has been a substantial

increase in the number of TRLs issued and acted within the city of sacramental since the adoption

of the exemption which is in direct opposition to the goals outlined in the city of sacramental's

2040 general plan to ensure that the TRL ordinance works as originally intended and to decrease

the amount of tobacco products accessible to community members particularly to our youth and

other vulnerable populations we urge this council to remove the healthy food exemption in its

entirety from city code thank you for this time your time this afternoon thank you can't really

bankston Lee good afternoon happy new year welcome to the new and returning members

congratulations on some of the roles that you all are taking this year and I'm still here

my name is Kimberly bankston Lee and I've been a member of the coalition almost 30 years now

I'm the executive director of the sole project we're grateful for sacramental's leadership

on public health issues and its initial efforts to ban menthol and flavored tobacco in 2018

and as Rachel said it was one of the strongest policies at that time however we're concerned with

the healthy food exemption adopted in 2020 and that has unintentionally undermined the efforts

the exemption has not increased access to healthy food and designated food deserts hot dogs and

chips and soda is not healthy it has allowed 27 real retailers many not located in food deserts

to obtain tobacco retail licenses since 2018 a total of 71 new licenses have been issued

according to the California Department of Tax and Feed Administration there are now 346 tobacco

retailers in sacramental with 20.5% located within a thousand feet of a school this trend is alarming

and counterproductive to reducing access to tobacco products to protect the health of our community

especially our youth and vulnerable populations best practices for tobacco control include

phasing out the sale of all commercial tobacco products removing the healthy food exemption

ensuring adequate TRL fees for enforcement and tobacco waste mitigation making TRL and making TRLs

non transferable sacramental has an opportunity to lead once again by prioritizing public health

and taking bold action to reduce tobacco related harm we urge you to protect the health of

sacramental residents thank you thank you for your comments Mac worthy then pluschette robbertson

will be our final speaker

you know I had to laugh I heard this bullshit years ago you can still prove for one person died

because of smoking filamore go to that case check it out I grew up in South Carolina with

narcolein made it to the back I know when Kim was cigarette and luck a strike for 15 cent a pack

I smoked a tarot and regular three packs a day and I went to a pipe captain black I'm still

here why then we look at health of food people some of the nasty food you can ease the chicken

chicken do anything for food we can look at it where we grew up with chitlins and hulk

ten pounds of children's tobacco I'm gonna cost you $50 while poke we never got high but I got

the poke because we use the salt to get the water out of it and we secure it which you call

but beef jerky is now so where's this healthy food come in at this is how people put on the can

when these days is always bad that kicked the factors we know the can in food stayed two to three years

and still was good features apples and pears so people tell the people the true here what you're doing

you'll line to them safe food eat it people because they're gonna put a continue for the price

on it because that's how the system make money by line to you choosing what you eat and choosing

what you don't eat that's no proof in that go and ask for the research that's no research there

why you sell other countries cigarettes if they kill in here it's the money folks you're ignorant

you know say it killing you but what's the other countries that's life too the must have got over

that too every man a woman got should gives the much of life thank you for your comments plus

shut Robertson will be our final speaker on this item good afternoon mayor McCarty vice mayor maple

and council members my name is plasette Robertson and I've been a resident of district eight

for 23 years in Sacramento I'm here to urge you to strengthen our tobacco retail licensing policy

and remove the healthy food exemption which is undermine efforts to reduce access to harmful

tobacco products in our community while I appreciate Sacramento's leadership in adopting a

menthol and flavor tobacco ban in 2018 the healthy food exemption added in 2020 has had

unintended consequences it hasn't increased access to healthy food as intended instead it's

allowed 27 retailers many not in food deserts to regain licenses instead it's allowed 20 I've

said that since 2018 a total of 71 new licenses have been issued the exemption also creates enforcement

challenges measuring store space for compliance is complicated and there's no clear definition of

healthy food which opens loop poles for retailers to address these issues I urge the council to do the

following phase out sale of all commercial products in the next three to five years and start by

removing the healthy food exemption ensuring adequate license fees to fund enforcement and clean

up tobacco waste making licenses non transferable to reduce retailer density supporting code

enforcement with clear unified protocols strong policies can save lives cities like Beverly Hills

and Manhattan Beach have ended tobacco sales entirely and Sacramento should strive to do the same

please take bold action to protect our communities health especially our youth thank you

if you're comments Mary have no more speakers on this item okay thank you back to council members

mayor pro tem kira thank you very much first I wanted to thank all the community partners who have

been strongly advocating for a healthier city a healthier Sacramento and a healthy future for our kids

what we did here at the city was took a immense amount of leadership with a lot of opposition and a

lot of you know political influence trying to to stop the public health work that we were doing

and we did something that moved the needle not only in our city but then our county followed suit

and the state followed suit you know sadly you know I do agree with with the staff here with the

with the presentation and the staff that have identified the data that this healthy food exemption

that was presented to the council was was a flat out life and you know this idea that we could make

an exemption and it would create more food spaces by selling tobacco was not only contradictory

uh it and why it was a controversial vote and a split vote you know unfortunately the at that

time the majority of the council prevailed but today I'm here you know ask thanking staff for

looking at that data and presenting this information to our council and as we've seen that that

and over we not only did 27 new retailers pop up next to grocery stores but it didn't address any

of the food desert options that would have projected and so you know I think it was a it was a

farce at the time and I and it's important that we immediately move to eliminate that that

exemption not even call it a healthy food exemption because some of the stuff that you go into

these retail shops there you know you know anasty banana and some you know packaged goods so with that

I'm again I think there are a few things that we can do one thing that we saw from the last

workshop we did was that that cities cities that had stronger enforcement on retail facilities

of smoking products had a lower amount of actual residents per capita residents that were

smoking I mean and we know already that the disparities in certain parts of our our city have

low have worse health disparities yet if you look at that map that that our city staff just

provided everyone in the staff report that's also where the retail shops are going they they

overlay at the same time where we have worse health disparities and not only again to to remind us

about some of the potential targeting that was happening in specific communities on on tobacco so

one I'm going to you know provide some staff direction here you know city manager and again

we're not here to vote on anything it's a report back but I want to provide some staff direction

that any future perspective tobacco retailers that operate at a at a business smaller than

15,000 square feet within a thousand feet of another existing retailer would not be eligible

for that for this exemption and and to go back and specifically eliminate that that exemption that

we did the second thing when we talk about our budget and we'll have more conversations the current

TRL fees aren't keeping in line with the cost of delivering the service so our fees should be

right sized for the cost of enforcement so I want to make sure that staff this is a direction

to the city manager again that the staff come back with the right sizing of the TRL fees so that

we're addressing those those those issues and both on on the on the question when discussing those

fees I think of the policy question that needs to come to law and ledge and for law and ledge to

consider is whether those TRLs should be transferable if we if we're in phasing out

smoking in this with particular business that only targets specific smoking then the question

should be asked whether the TRLs should be transferable at that point of the reason that we've

the that they have been transferable particularly has been because they were grandfathered in as

a nonconforming use but should we allow that to continue if if the if the business intends to close

um you know I think the I think it's the the lot of the goal and that we should begin to look at

how we phase out our you know our commercial tobacco products I know that that we made an extensive

amount of leadership and I'd like our city to move in that direction but on the immediate I think

on the immediate um we need to come back and eliminate that exemption address our fees um and

you know for our code enforcement I mean I couldn't for some our solid waste department one thing

that we've heard from our landfill folks and that we are identifying now is all the tobacco

waste mitigation that needs to occur as well um all of these vaping pans that are getting left

everywhere if you sit on the sewer district you're going to find out how they end up in our in our

sewer stream you're going to find out how also in our landfills uh it's becoming a bigger and

bigger problem and only that but it's just particularly on the vaping side how much uh our

disgusting it is that we just have piles of those in front of frankly if you go to on 14th

avenue you'll find them in front of my iron johnson so you know I think uh um you know it's important

to recognize that we have to take a stronger role in protecting our youth and you're showing you

you know good healthy strategies uh and not ignore the data that those cities that have taken on

stronger policies to reduce these specific retail facilities that all they focus on is tobacco

sales um have had better healthy outcomes so I'm gonna uh stop there and just say I want to thank

both our staff for doing the diligent work working with our our community and the community

partners who have pushed on on this issue uh and those are uh my uh staff directions as this is

an item for discussion um as well thank you mr mayor thank you vice mayor talamontes

and I agree with uh mayor pro tem gara you know this was a pilot program and it didn't work

so uh I'm okay with getting rid of the healthy food's exemption um and also putting more

restrictions like other cities have on the number of tobacco retailers I had an increase of

nine uh shops on northgate and there is three grocery stores there and there was no reason for

having nine more uh tobacco shops on the corridor and so um just agree with council member gara on

the direction of staff

next speaker is council member vang thank you um I just wanted to take this moment uh one uh to

think uh mayor pro tem gara for being a champion and fighting this fight um council did make this

amendment before actually seven of us were on the city council and my understanding is that the

intent was really to encourage the available the availability of fresh and healthy foods uh but as

you see from other presentations today it's clear that um you know the amendment didn't solve food

insecurity as i'm looking at council member mabel and i who share our food just as task force right

it didn't reduce the prevalence of tobacco in our neighborhoods um or improve access to healthy

foods and so um uh what we voted on in 2020 the former uh council i know that it was a very uh

slim vote um it's it's it was a it was a flawed um it was a flawed vote and i'm really glad that

this item is coming back to the new mayor and council to have a conversation about this um so i

support limiting the healthy food exemption to ensure that it doesn't continue to be a loophole

for tobacco retailers um and also support the direction from mayor pro tem regarding the tr

trl fees as well um i think research has shown over and over again really just the health impacts

associated with tobacco you heard from folks who have been champions and advocates uh

fighting this fight for a really long time um you heard from uh vice mayor uh vice mayor

talamontis uh really regarding the disapportional um effects on underserved communique especially in

south natomas in north gate you heard it from uh mayor pro tem as well um and we know this is true

in terms of marketing uh in terms of concentration right if you just look on the map you'll see uh

where they're located heavily in district two uh in south natomas in south sacramento and so um really

uh hoping that we uh that staff will work on this direction and so that we can begin uh to phase out

and so really just wanted to take this time again to think uh mayor pro tem gara really for being

a champion of this um and and bringing this back and thank you so much for for continuing the fight

well uh council member maple thank you vice mayor um i have a few questions um so what i what i heard

or what i'm hearing i think is that um there is a belief that the retailers that currently exist

under the exemption um are not actually providing the appropriate amount of healthy foods can someone

speak to that have there been site visits or how do how do we assess that we expect every tobacco

retail license twice a year and the ones that have healthy foods exemptions we do verify that they're

still uh meeting the requirements but we found that they are meeting the bare minimum and a lot of

the healthy foods that they're claiming is like cereals and things like that and a lot of them are

sweetened and a lot of its juice and things like that they were normally sell anyway so a lot of

they are compliant but it's at the minimum standards um okay so then

so what they have so so if they have like let's say a sugary cereal they have you know

because the cereal doesn't specify non-sweet cereal or non-sugar cereal or anything like that

okay but that's still meeting our standards right so could could i i'm just thinking through this

out loud could could the possible could the problem be that we have not the right standards

because if they're checked if they're meeting the requirements that we set forth then you know

from their perspective they're probably thinking well i'm doing exactly what it says the city says

i should do um and then on the enforcement side so if we determine that an establishment is not

meeting those standards how do we deal with that uh the first day we would do is issue a

monotus violation giving them maybe 10 days to correct it and if not they could face penalties

at that point they're usually pretty good about correcting it when we do but again it's down to

the very bare minimum okay that's helpful um and then i heard a couple comments about distance

from schools um then being next to grocery stores is there anything um in our current code that

um are under that current exemption that prohibits them from opening up next to a grocery store

or something like that no okay um and then well only with the the one thousand foot requirement

if they have the healthy foods exemption then it's irrelevant got it okay that's helpful um and then

one of the things that came to mind you know myself council member gara and councilman vang

we have uh the fruit rich finger the the portion of the county that juts into the city um where there

are parts of my district where you can be on one side of the street in your district five and the

other side of the street in the county um and i think to myself you know if we are to go down the

road of eliminating this exemption and maybe even eventually limiting um sales altogether in the

city um how you know do we know how many of these uh permits are actually in the county and for

example maybe in the fruit rich finger and it's okay if you don't have that information off

that would be interesting for me to know um all these are just in a city limits right but the

county also does the county have permits for tobacco retailers yes yes okay so i don't know

their stats per se i would you know living in that area i could tell you that they they do have

them there at least there's there are establishments selling so i'm just thinking through this you

know i want to make sure that you know obviously we're only in control of what we're in control of

here in the city but just being thoughtful about you know what real impacts we're making if you

know with someone we say no on on this side of the street uh then they walk across street and go

to the county and then they're spending their tax dollars there um that's just something to think

about um i'm not saying it's in it's impacting my decision but something for me to think about

and then my last question is um what happens so let's say you know we decide as a body in the future

to eliminate this exemption what happens to the current real tellers who have it uh they would

probably be grandfathered in depending on how the code is written but the assumption is that they're

open already and they would stay grandfathered in and they're moving forward they

they not we wouldn't grant that exemption any further okay thank you those are my questions um

and you know i i'm sure a lot of the same concerns of my colleagues i think it is a problem and

especially representing south sacrameno it's no doubt i mean you can walk down the street that i live

on you can walk down 14th free port floor and you name it um and there's there's tobacco being sold

everywhere and i've walked in many of these establishments and i've seen the kind of a sad banana

or apple and like i'm sure that that probably qualifies under that so you know my my thinking on this

is you know one if we are going to go in the direction of eliminating the exemption because you

know we've determined that this is this isn't working it isn't working in the way that it was

envisioned which it kind of sounds like that to me though i i think i need more information to know

that um then then i'm okay with that but also it sounds like if we don't do that we really need to

take a look at what are our own requirements so you know if we're if we've said this is the standard

and everybody's meeting that standard we can't really get upset with these retailers for meeting our

own standards um we need to set higher standards perhaps and then that might be something that we do

but and also just you know just keeping it real here you know we're also in a budget deficit so

you know any decision that we make on this front may or may not impact the budget as well right

because they're still businesses that are operating in in our communities and and that has an

impact as well so those are my comments thank you thank you council member Dickinson

thank you mayor um just a few years ago i was actually the author of the county's ordinance to

require tobacco products to be to be locked up and retail establishments so um that among other

things uh uh is indicative of the strong interest i have in in regulating the sale and use of

tobacco products especially as it as it relates to the health of of our young people um this does

appear and i appreciate the leadership of other members of the council on on on this issue

it does appear that the exemption was a experiment that has not worked in fact if anything that's

had the opposite results of of those who promoted it had had had hoped so i share the sentiment of

of re-examining the exemption and uh with a with an eye toward um toward eliminating it but i but

i would also support at least looking at the other recommendations that are in the the

saw projects letter phasing out the sale i think is a longer conversation multiple parties are some

different perspectives to to consider in that in that conversation but making sure as others have

mentioned that the fees are adequate looking at the looking at the coverage of the waste stream

uh considering the non transferability and the and the unified protocol for code enforcement i think

all makes sense to consider uh and i hope that the staff will bring us back uh more information

and more elaboration on on those so that that we can consider not not just looking at the exemption

but those additional steps to to make sure that we're doing the best we can to make sure our

communities our neighborhoods and especially our young people are are healthy thanks

thank you uh back to merri pro tem thank thank you mayor um you know one uh there are some very good

uh points brought up particularly on on the issue of tax revenue and where where does tax

revenue go and i think they're they're their questions and conversations that we actually did have

let's recognize that if eliminating the exemption doesn't cause a tax reduction in this scenario

in in the creates non conforming use um and um and whether they go from the the city to the county

particularly like on stockable of our with one side is city one side is county in 14th avenue

is as an important issue but let's remember them when we created the strong ordinance before

the exemption the county followed us quickly i would be i would be uh i would not be surprised if

you know supervisor canatee or sernna again continued that effort if uh if the if there was a gap

in in the policy between the city and the county um to to change system so when we did that the

county followed and in the state followed and in this scenario uh all we're saying is let's not

let people game the system so those are those are important things to bring up but also to say that

we've learned from that i think where we failed is we we took a step back and we took a step

backwards by creating an exemption with the the the sympathetic concern because we do have

food deserts in our area um you know uh if it wasn't for elder creek market um on elder creek and

the avid el glenar elder community that area wouldn't have a grocery store and you know we

we understand that sometimes those the needs of of being able to make those businesses profitable

are important but that's a true market you know not what has happened in this and i don't think

the exemption has served us well and so it's one of those where we just need to move on

get rid of the exemption and uh and uh take this advice that was brought in about full fee recovery

and figure out how we get to a a smoke free Sacramento so thank you okay this is uh information

line and but i just want to thank you all for the discussion and wanted to go last um i'm glad

councilmember gira you're you're focusing on this because when i had your seat 15 years ago

we took on the same issue just talking about tobacco licenses and youth just focusing on

just having them license in the first place restrictions as far as distance from schools and

childcare facilities and so uh you know this is an issue that goes a long way back and you know

few years ago i will note that i saw the city step up on this i think you had called me because i

was authoring the state law at the time and the city went first and that was certainly helpful

we eventually passed uh the state law and this is a big issue i'll tell you i have two teenage

kids at home and i know all about uh young people and tobacco products and marketing and the flavors

and the romanticism about this product and the impact on young kids brains and all that is very very

real and so these policies that we're focusing on they're not just trivial and punishing entrepreneurs

they're focusing on protecting public health and our most important resource our future are young

people so uh thank you for the update and i had no idea about this health food um exemption i

thought the city just adopted a lot we stepped up for it so uh thank you for bringing this to our

attention and i i do support you uh mayor pro tems your suggestion to bring this back to look at

this policy and what the um the goal was and what the outcome has been five years later so again

this is a informational item thank you for the presentation and we will hopefully come back this item

in the near future thank you okay so mayor we move on to item 23 approval of terms and conditions

for interim city manager and this is your report do you have a report on yes so we do have public

comment on this as well do i have three speakers yes and this we're gonna we're gonna do it i think

the proper way today so you have a little bit more context of what's going on and then you can

have an opportunity to uh to apply from the public so last week of course we had the opportunity

to to designate our interim city manager candidate and we spent the the final few days focusing on

the terms and conditions for for this position and most importantly want to thank

Laney mill millstein for uh agreeing to step up and serve in this position for the next few months

as we focus on our recruitment and so for the record i am reading the official action which is

alluded to in this council resolution focusing on the terms and condition of her employment

so thank you for the opportunity to talk about what these next few months will look like and

you know we appreciate you stepping up and serving this so here are the the terms that i'll read

into the record number one Laney will earn an annual salary of $352,000 a year Laney will receive all

the benefits of employment to which the city manager is entitled as set out in the un

represented personnel resolution Laney will be allowed to accrue a vacation time beyond the 480

hour cap described in section 7.2 of the unrepresented resolution for any management time

credited to her for calendar year 2025 so not be forfeited pursuant to section 7.4 of the

unrepresented resolution number five at the conclusion of the appointment as interim city manager

she can return to her previous position as assistant city manager at the same salary

she was earning at the time and to be appointed as as at the same time she was appointed as the

interim city manager for a term of no less than one year and lastly Laney will work properly

with the council and assist in the recruitment of a permanent city manager so i think this was a

fair arrangement recognizing hard work of her assistant city manager giving a roughly 7.5%

adjustment for the duration of her time serving as the interim city manager and with this i'll be

looking for a motion to approve this resolution let's think the motion first

motion in a second with that would you like to take members of the public first?

yeah thank you and just for the record item number four is regards to any management leave time

just wanted to clarify that for the record i have three speakers Lambert Henry Harry and Mac Worthy

this is an interesting selection i think Laney Milstein has an opportunity to write some wrongs

that have been directed to my family she's cake business i read an article where she knows the

insides and outsides of this city you you're talking about a company that's from an underserved

community that has gone viral in the state of california we've been endorsed by the Sacramento

northeast i had to ask them where northeast was it was that spectacular during the holidays

and i would think that a person with that much knowledge would be calling us because we have no

scandals on us we have zero complaints how many businesses can say that especially in the food

industry anything can go wrong eggs could go wrong anything and i think that she should

reach out to our family as well as my jostle and the entire city managers divisions we have submitted

a lot of paperwork here and people have received no written agreement monies some people have

received money after scandal after scandal what's the hesitation what's the hesitation we have

manufacturer in southern california and we have one in northern and by the way cheesecakes appeal to

every race every culture both sexes you know what that means that means supply and demand you should

be motivated uh interim city manager as well as the rest of your staff we never hear from you

what's the problem we're ready to go thank you for your comments Henry Harry

thank you members of the council you know every day it seems like we're losing the values that

bind americans together a strong sense of fairness respect for the little guy and the workers who

voted and put you in office so imagine a sacramental rougher in 112 degree heat or a single mom

working at night ship as a gas station clerk both make an eighteen dollars an hour or a 144 dollar

today now compare that to a top step assistant city manager making a hundred and sixty three

thousand hour or the city manager making a hundred and ninety six dollars an hour

both making more and one day the nose workers make I'm sorry both making more and one hour

the nose workers making a day and now you're about to vote on how much you're going to pay another

city manager own their backs with their tax dollars you get to vote your conscience and I'm

100% in agreement with that but it's the shadiness of the process that bothers me

it's shady to hold this meeting at two o'clock in the afternoon when most people are working

it's shady that you didn't describe the paying benefits on the agenda so people would know

what they should be here just like you just read them now the salary schedule for a city manager

is 248,000 up to 400,000 so there was some room to reset the stain of the overpaid city manager

in Sacramento we're going to have a search for the city manager a permanent city manager and so

I would just say that hopefully we can have some meetings early on that issue and not at the

11th hour after you put out requests for applications thank you. Your comments Mac Wirties are

final speaker on this item? People you know liars don't get due for the diary she's a liar

we went to court on her lie and we beat it when we needed an attorney she participated

with the crookiness of the guy did just love here. Suttercon Valley everybody in that

management office get the hell out of here because you are participating lies you know exactly

who broke the brown act that woman up there knew who broke the brown act. Where the city manager

under the brown act no manager this tree's not saying you got to revise the

charter and let it get to the scabbage scabbage you sit here and run garbage by people and

say we weren't ready for this the other time what did both of them you had three people didn't even

comment but they voted yes. One man of their usual politician procedures if he wasn't satisfied

he's a stain that was a politician procedures all the way to Washington DC. So people just sit here

and all you're going to hear bonds and grants. Where is the team going to listen to the person that

uh the crook choose to come in here can we speak to her or he before they get here. That's what

the community should be talking about but just like the man said you're holding out a time that

everybody somewhere else but it's alright it's alright. Liars will fail and continue fail you

will only hear something for kids and butts and grants. Bonds and grants are all you are here

in the city going down down where's the quality work. Thank you for your comments. Mary

have no more speakers on this item. Thank you council member maple. Thank you mayor. Um

20 over 20 years um extends experience in the budget negotiations um managing the city.

This is the CEO job. This is managing more than 5,000 employees um and and all of the day-to-day

tasks of the city. It's a tough job. It's a tough job with a lot of different balancing priorities

including nine different bosses um and thousands and thousands of people who um all have differing

opinions on how the city should be run and how services should be done and what we should do during

a budget deficit for example and obviously we have some very challenging months ahead so I just

really want to thank you um Madam and interim city manager Laney Milstein um for stepping up during a

difficult time for coming to the table um and um for helping it lead us through what is going to

be difficult but hopefully we'll we'll get on the other side in a better place um and helping us

lead us through also this recruitment for a new city manager and so I'm just really grateful for

your years of service at the city and really looking forward to working with you in this role. Thank you.

Thank you council member plucky bomb. Thank you mayor uh I just wanted to say thank you to

Delaney and all the assistant city managers for even being willing to to step up in this time of

transition uh you know as a city we have a goal of being a great place to live work and play but

I think uh it's important to remember that uh as council members the the thing that we can have

the most influence on is the working environment here and inside these these buildings and as a

goal for us to be an attractive employer of choice uh a place that that recruits good applicants that

has good employer retention employee satisfaction and good outcomes as a result of all that um all

that goodness I think is a great opportunity for us as we go through the next year and thinking

about what it is that we're looking for out of a permanent city manager so I just wanted to say again

thank you Mike Mario Ryan and Laney for being willing to step up for us we appreciate you all.

Thank you we do have a motion in a second I'll just note that we're very confident that

Laney will be able to help us next six seven whatever months but I really want to note the last

piece in the terms of this action a day is as your engagement to finding the next city manager

because you like all of us want to make sure we leave the city on a good position going forward

and we certainly have a lot of work to do and I think we are laying out a good process to how to move

forward so thank you so with that um please call the roll. Thank you council member Kaplan. Hi

council member Dickinson. Hi. Vice Mayor Telemontes. Hi. Council member Pluckybaum.

Council member Maple. Hi. Mayor Pro Temgetta. Hi. Council member Jennings. Yes. Council member Vang. Yes.

I'm Mayor McCarty. Hi. To unanimous vote made by council member Mayor Vice Mayor Telemontes

and Mayor Pro Temgetta and you have a unanimous aye vote. Item passes. Thank you.

So we'll go to council comments ideas questions and AB123 reports. Okay. Council member ideas and

questions and reports. First up council member Vang. Thanks Mayor. I just wanted to take this time to

as you all know on Monday will be Martin Luther King Jr's birthday and there are several events

happening throughout the city and really just wanted to take this moment to give a shout out to

a bless Chow Neighborhood Association and so many organizations that are helping to actually do

the caravan that's happening on January 20th at Luther Burbank High. If you don't know where that's

that it's 3,500 floor and road. Rival time is eight o'clock and the caravan will depart around 945

I know that there are other events happening around the city but giving a shout out to this one

because this one is happening in South Sacramento. It is the IAMSAC Foundation, Impact,

the National Action Network, Police, the Rose Family and also so many other organizations.

So I really just wanted to invite everyone even in the South area come join us at Luther Burbank again.

That's Monday January 20th at 8 a.m. and the caravan will start at 945 a.m. Thank you so much.

Thank you, Council Member Dickinson. Thank you Mayor. We also are looking to celebrate

Martin Luther King Day and weekend in a major way in North Sacramento and in District 2. We invite

all to come join Senator Ashby, Assembly Member Crrell, me and our squads out there that are just

so anxious to spend a day of service in honor of Martin Luther King Jr. at Winner's Circle Park

that will be on Saturday the 18th from 10 a.m. to 1 p.m. doing some good work on behalf of the

neighborhood and the community and then of course as become a tradition the Martin Luther King March

at Grant High School on Monday the 20th will also combine that with a resource fair and lunch and

strategy sessions for addressing some of the issues we have in District 2 and in North Sacramento

but more than anything else it's an opportunity to honor the legacy and the memory and we affirm

our commitment to bringing equity and justice not just to District 2 of course but to our entire

city region and beyond and then thirdly I just wanted to mention a county economic development

strategic plan update which will occur in a community meeting actually in North Highlands at the

North Highlands Park and Recreation Office which is at 60 40 Watt Avenue in North Highlands and

that's coming up next week as well so we're in a city but we're in a county and it all has an

impact on us and matters to us so hope you can find one or all those things to join us at thanks

thank you Kelsa Mayor Maple thank you Mayor I just a couple quick announcements first this week on

Friday the 17th June 10th ink will be hosting their Martin Luther King Jr. essay contest at the Oak Park

Community Center that's from 6 to 8 p.m. it's a really fun event so they have students and young

people from all over compete in this contest and they give out prizes it's really fun so please come

join us if you can and then of course as my colleagues have mentioned we've got a quite a few events

for Martin Luther King Jr. Day on Monday the 20th I won't list all of them because Council

are having did a great job but do want to invite folks to join us for the first mile that starts at the

Oak Park Community Center at 7 30 a.m. we'll have a big group that then joins a caravan that goes

to the Sac City College event but of course there are many many many of these events happening

all throughout the city so find the one closest to you but if you're near Oak Park join us at 7 30 in the

morning thank you thank you Mayor Pro Tem Gara thank you very much you know I'm excited that this

Thursday we will be recognizing the graduation of the early early childhood education a

apprenticeship cohort and if you if some of us remember with the ARPA money that we had the

federal money we were able to be create an apprenticeship program because of the leadership of

our economic development staff at the City Sacramento Jeanine Cooper and now helping address the

shortage and the workforce that many of our child care centers our Head Start programs are having

to be able to meet the family needs of of available child care so at at 7 o'clock at the

Fritz Collaborative we're going to be you know saying congratulations to this year's cohort and

excited about the next year's cohort who of many folks who are entering the career in early

childhood education so join us at the old Fritz Elementary School the Fritz Collaborative this

Thursday at 7 p.m. Thank you and again shout out to Jeanine Cooper and the City of Sacramento

and the City County Child Care Task Force 4 just you know taking every step to make progress in this

area thank you Vice Mayor Tallah Montes and just want to give a kudos to Chief Lester in the police

department for keeping us aware of incidents happening in the community we have MLK Day which is a

day of celebration we also have an inauguration and so the dynamics and sacrament are going to be

tough over the weekend there was a lot of rumors about ice being in Sacramento and a lot of our

immigrant communities were really terrified and really scared and that it being debunked and you

know it wasn't true but it circulated really quickly and so I just in the months to come for us as

a city just to be hyper aware of misinformation out there and bringing peace to our neighbors and

our community that were an inclusive sanctuary city and what comes with that you know during a new

administration and so I just want to give kudos to the police department for keeping us aware of all

incidents happening thank you thank you so you know others thank you with that we will adjourn

so Mr. Mayor I do have a public comment matters not on the agenda city managers report we do not

have one this afternoon and I have six speakers for matters not on the agenda lambers Henry Harry

Lloyd Reiber Macworthy Ryan and then Michael Andrew Barnbaum Lambert and please feel free to

line up in the aisle so following Lambert is Henry and Lloyd yes I have several kudos for

sacramental first of all I would like to thank the KCR 8 channel 3 last Saturday the Del Paso

Heights community just kicked it off by celebrating the Grand High School Pacers winning all of these

championships it was the Del Paso Heights community that initiated that it was at Grand High School

and shout out to KCR 8 if you want to find out how you really acknowledge teenage accomplishments

go back to Saturday nights broadcast on KCR 8 3 and you'll see what they did that was wonderful

it was also wonderful they celebrated the cheerleaders they celebrated the drum line these are

teenagers and by the way I think since it's a love fest for the city managers office I think the

city managers office should buy some tickets to the King's games and let the players who love the

Kings go to the games their parents go to the games the cheerleaders go to the games if you've

never won any championships to the victor go to spoils if you don't know what that means you

haven't won anything it's very difficult to win why do you think grown adults when they win the

championship hug each other like that poor champagne on each other go crazy because it's very

difficult to win and these are teenagers they should also get job applications ready for them for

summer employment like you do other teenagers around the city who haven't won anything but you

you make sure they get every advantage that should happen to these teenagers these are some

wonderful teenagers and there's some wonderful parents and don't forget about the coaches

thank you for your comments Henry Harry thank you members of the council now and over the next

few years we have some serious budget deficits 77 million dollars currently 86 million dollars next

year 98 million dollars and 117 million dollars in the coming years my sense is that we are not

fully explaining the impact of this to the public so i'm asking for a couple of public meetings by

the end of january because we should address this sooner rather than later a strong mayor can

educate the public through videos explaining how new spending is getting us in trouble the new

spending on immigration new spending on violence and disruption new spending on climate action

may be deepening our budgets our budget deficits i previously mentioned a reset on the city manager's

paid perhaps this time to look at a reset on all management paid to do a hard reset on overpaid

managers across the board and this type of leadership starts at the top so i'd ask my mayor to

include his one hundred and sixty thousand dollar pay and the council members to include their

one hundred thousand dollar a year pay in a conversation on a managed mid reset and i'll just end by

saying again when you look at this budget crisis and we know what's coming it seemed like we

ought to deal with this sooner rather than later not waiting until the eleventh hour to you know

bring the public in on this the conversations ought to start now thank you thank you for your

comments Lloyd reber then mac quirley mr mayor members of the council my name's Lloyd reber i'm here to

uh uh speak towards uh apprenticeship and training so as a member of this uh community for nearly

thirty years and the member of the drywall lathurs local ninety one or nine uh union i've been able to

earn an education earn a career uh excuse me um free of charge the uh training didn't stop with

the apprenticeship program i heard somebody speak of uh apprenticeship earlier and education so

i appreciate that um the training didn't stop there though they have member advancement courses

i've even been able to go out to uh lost vegas to the international training center for the uh

leadership training which i've been able to use in my career as well as as a member of the

community in my church and my uh home and so i just want to ask as uh my ask of you here is as we

have construction projects coming to the city of sacrameno that you would think of the workers on

those projects and think about the apprenticeship think about the living wage that the uh

uh construction office them and when you consider those projects please consider using

companies that offer training apprenticeship and on a living wage thank you thank you

thank you for your comments mac worthy ryan and then michael andru barnbomb

people we just uh looked at a discussion of they put tone happy to children but it's a

matter where where would you leave with cigarette and go to man one you back to man one

and just just to show you they're dying especially young black men but we we're gonna we're gonna

live with it i still be here all the garbage you talk about martin king is damn garbage i refuse to

demonstrate and maris causes something to circle on i got the hell out of there because you put

that dog on me i'ma shoot you in the ifs and anybody we lost our ass as negroes on post

integration we fought a war with a certain getting military we fought a war with a certain getting

that was a change for maris lucet king you said well you are african americans you know damn african

americans you are a negro white boy Cherokee and black widenia who checked the blood with test nobody you

had the 1940s didn't have the blood test you had the blood test now to look at a cover for

a lot of bullshit going on in this country but you won't you'll cry about a dollar you're still a

dollar your pay high salaries i came here with 34 dollars in my pocket up a greyhound bus in 1960

i went to the hundred thousand dollars the ain't come how did i do it nobody helped me i went and

beat it my wrong work clean trust people you got my documentation when you first come here

well i would have lived in California city wake up people economics when you post integration

you just said how black families the mother got to check and the black man was arrested for

charged a port in six months you're gonna tell that shit about maris king it's garbage people

next speaker is Ryan then michael andru barnbomb will be our final speaker

i don't see Ryan michael

good afternoon again uh michael uh andru barnbomb district two um i want to speak and thank

council member capelin uh for your comments about the uh fires and the firefighters and everything

that's going on in southern california um i'm a southern california native uh grew up and

graduated high school in the san francano valley and one of the blazes that was on the news over

the last week uh that had hit close to my childhood home was the kenneth fire that was in the north

western portion of the san francano valley many high school classmates i still connect with through

uh mainly through facebook uh that still live in the area um have lost everything and i know

mayor and uh council one of the biggest topics and perhaps top of mind of the people of

sacrameno during the campaign is the unhoused and homelessness and what has happened over the

last week just reminds me of how that can happen to people through no fault of their own

but through events like wildfires and natural disasters uh you know and there's unsafe areas

that people aren't being allowed to go back to uh now and so one of the things we need to keep in mind

and care and compassion and our love and protection of people and to make the the mantra of more

as possible in sacrameno when we talk about unhoused and homelessness is uh how did it happen to the

individual or the group to begin with and is it their fault or is it not any way their fault to

their own thank you thank you for your comments may i have no more speakers at no more business before

the council okay thank you also alarm earlier now we will adjourn