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City Council

Regular Meeting

Lodi, NJ · April 27, 2021

AgendaMinutes

Minutes

LODI CITY COUNCIL SHIRTSLEEVE SESSION CARNEGIE FORUM, 305 WEST PINE STREET TUESDAY, APRIL 27, 2021 A. Roll Call by City Clerk An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held Tuesday, April 27, 2021, commencing at 7:00 a.m. Due to the COVID-19 pandemic and pursuant to Executive Order N-29-20, all Council Members participated in the meeting via teleconference and the meeting was available for viewing by the public via livestream at https://www.facebook.com/CityofLodi/ and https://zoom.us/j/93455719476?pwd=NDdhc1E4OEZyYWV3d2pDY1U5SjVZZz09; the opportunity for public comment was available through councilcomments@lodi.gov and https://zoom.us/j/93455719476?pwd=NDdhc1E4OEZyYWV3d2pDY1U5SjVZZz09. Present: Council Member Hothi, Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and Mayor Nakanishi Absent: None Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Cusmir B. Topic(s) B-1 Receive Information Regarding Smoking & Tobacco Outreach Prevention Program (CLK) Alicia Ramos, MPH; Monica White, MPH; and Daniel Kim, MPH, MCHES, of San Joaquin County Public Health Services, provided a PowerPoint presentation regarding Smoking & Tobacco Outreach Prevention Program (STOPP). Specific topics of discussion included mission, goals, accomplishments, background, Board of Supervisors' recommendations, ordinance development and overview, virtual community and stakeholder engagement session, next steps, Senate Bill 793, smoking/vaping and COVID-19, and communities working together. Council Member Khan spoke about his experience with flavored tobacco and vape products and voiced his support for banning the products. Council Member Kuehne stated that he does not support a ban because although the focus is on preventing youth from using flavored tobacco and vape products, a ban would impact adult users. Kenneth Huntley, a resident, provided public comment, via email, against the proposed ban stating that smoking bans are ineffective. City Clerk Cusmir read the email comment into the record. Mayor Nakanishi voiced his support due to the impact the products have on public health and the increased COVID-19 susceptibility of users. The City Council directed staff to bring an ordinance to Council for review and consideration. City Manager Schwabauer requested a copy of the model ordinance from Public Health. C. Comments by Public on Non-Agenda Items There were no public comments on non-agenda items. 1 D. Adjournment No action was taken by the City Council. The meeting was adjourned at 7:26 a.m. ATTEST: Jennifer Cusmir City Clerk 2

Agenda

LODI CITY COUNCIL AGENDA Carnegie Forum Shirtsleeve Session 305 West Pine Street, Lodi Date: April 27, 2021 Time: 7:00 a.m. Streaming Link: https://www.facebook.com/CityofLodi/ https://zoom.us/j/93455719476?pwd=NDdhc1E4OEZyYWV3d2pD Y1U5SjVZZz09 SPECIAL NOTICE Effective immediately and while social distancing measures are imposed, Council chambers will be closed to the public during meetings of the Lodi City Council. The following alternatives are available to members of the public to watch Council meetings and provide comments on agenda and non-agenda items before and during the meetings. Viewing: Members of the public may view and listen to the open session of the meeting at https://www.facebook.com/CityofLodi/; or Please click the link below to join the meeting: https://zoom.us/j/93455719476?pwd=NDdhc1E4OEZyYWV3d2pDY1U5SjVZZz09 Passcode: 583605 Or iPhone one-tap : US: +16699009128,,97500264844# Or Telephone: Dial: US +1 669 900 9128 Webinar ID: 934 5571 9476 Public Comment: Members of the public can send written comments to the City Council prior to the meeting by emailing councilcomments@lodi.gov. These emails will be provided to the members of the City Council and will become part of the official record of the meeting. Members of the public who wish to verbally address the City Council during the meeting should email those comments to councilcomments@lodi.gov. Comments must be received before the Mayor or Chair announces that the time for public comment is closed. The Assistant City Clerk will read three minutes of each email into the public record. IMPORTANT: Identify the Agenda Item Number or Oral Communications in the subject line of your email. Example: Public Comment for Agenda Item Number C-17. Members of the public may also participate via Zoom at the following link: https://zoom.us/j/93455719476?pwd=NDdhc1E4OEZyYWV3d2pDY1U5SjVZZz09 Pursuant to the Americans with Disabilities Act (ADA) and Executive Order N-29-20, if you need special assistance to provide public comment in this meeting, please contact the Office of the City Clerk at (209) 333-6702 or cityclerk@lodi.gov at least 48 hours prior to the meeting in order for the City to make reasonable alternative arrangements for you to communicate your comments. If you need special assistance in this meeting for purposes other than providing public comment, please contact the Office of the City Clerk at (209) 333-6702 or cityclerk@lodi.gov at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.160 (b) (1)). SPECIAL TELECONFERENCE NOTICE Pursuant to Executive Order N-29-20: The Brown Act, Government Code Section 54953, contains special requirements that apply when members of a legislative body participate in a public meeting by telephone. Certain of these requirements have been suspended by Paragraph 3 of Executive Order N-29-20, executed by the Governor of California on March 17, 2020, to mitigate the spread of Coronavirus (COVID-19). In particular, the Executive Order suspends that provision of the Brown Act that requires noticing, posting of agendas, and public access to each location where a member will be participating telephonically, as well as provisions that require physical presence of members of the legislative body or the public for purposes of a quorum or to hold a meeting. Executive Order N-29-20 allows an agency to conduct a teleconference meeting that provides members of the public telephonic or other electronic participation in place of making a physical location for the public to observe the meeting and provide public comment, consistent with other provisions of the Brown Act. \\cvcfilv01\administration$\Administration\CLERK\Agenda\COUNCIL\2021\04-27-21agnSS.docx 4/21/2021 3:41 PM CITY COUNCIL SHIRTSLEEVE AGENDA APRIL 27, 2021 PAGE TWO For information regarding this Agenda please contact: Jennifer Cusmir City Clerk Telephone: (209) 333-6702 Informal Informational Meeting A. Roll Call by City Clerk B. Topic(s) B-1 Receive Information Regarding Smoking & Tobacco Outreach Prevention Program (CLK) C. Comments by Public on Non-Agenda Items D. Adjournment Pursuant to Section 54954.2(a) of the Government Code of the State of California, this agenda was posted at least 72 hours in advance of the scheduled meeting at a public place freely accessible to the public 24 hours a day. ______________________________ Jennifer Cusmir City Clerk All staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the Office of the City Clerk, located at 221 W. Pine Street, Lodi, and are available for public inspection. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation contact the City Clerk’s Office as soon as possible and at least 72 hours prior to the meeting date. Language interpreter requests must be received at least 72 hours in advance of the meeting to help ensure availability. Contact Jennifer Cusmir at (209) 333-6702. Solicitudes de interpretación de idiomas deben ser recibidas por lo menos con 72 horas de anticipación a la reunión para ayudar a asegurar la disponibilidad. Llame a Jennifer Cusmir (209) 333-6702. AGENDA ITEM B-01 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Receive Information Regarding Smoking & Tobacco Outreach Prevention Program MEETING DATE: April 27, 2021 (Shirtsleeve Session) PREPARED BY: City Clerk RECOMMENDED ACTION: Receive information regarding the Smoking & Tobacco Outreach Prevention Program (STOPP). BACKGROUND INFORMATION: Alicia Ramos, MPH; Monica White, MPH; and Daniel Kim, MPH, MCHES, of San Joaquin County Public Health Services, will provide a presentation regarding STOPP. STOPP works in partnership with the community to promote a healthy and tobacco-free environment for all those who live, work, and play in San Joaquin County. The program receives funding from Proposition 99 (Tobacco Tax and Health Protection Act of 1988) and Proposition 56 (California Healthcare, Research and Prevention Tobacco Tax Act of 2016). FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. ____________________________________ Jennifer Cusmir City Clerk JC/PMF APPROVED: _______________________________________ Stephen Schwabauer, City Manager CLERK\Council\COUNCILCOM\STOPP.doc Smoking & Tobacco Outreach Prevention Program (STOPP) Alicia Ramos, MPH Monica White, MPH Daniel Kim, MPH, MCHES Who We Are Mission: STOPP works in partnership with the community to promote a healthy and tobacco-free San Joaquin County for all those who live, work, and play in our communities. • Local Lead Agency (LLA) • Receive funding from two Propositions: • Proposition 99 (Tobacco Tax and Health Protection Act of 1988) • Proposition 56 (California Healthcare, Research and Prevention Tobacco Tax Act of 2016). STOPP Goals Accomplishments • Reduce the availability of tobacco • 2015 – San Joaquin Regional Transit District products adopted a 100% smoke-free policy • Reduce the exposure to secondhand • 2020 – University of the Pacific adopted a smoke, residue, waste, and other tobacco 100% smoke-free policy products • Provide cessation services • Limit tobacco promoting influences • Promote tobacco cessation services Background Report Addressed: • The breadth and scope of the vaping epidemic among youth in CA and the County • Information related to federal, state, and local policy efforts to restrict e- cigarette and tobacco access to youth • Local efforts to prevent youth access to flavored tobacco and e-cigarettes • Potential policy considerations Board of Supervisors Recommendations • Research legislative options to restrict access to vaping and flavored tobacco products • Develop a proposed ordinance • Conduct stakeholder engagement for proposed ordinance language Ordinance Development & Overview • Reviewed model policy language pertaining to flavored tobacco and vaping products • Developed ordinance in collaboration with the District Attorney • The ordinance accomplishes two overarching objectives: • Prohibits the sale of electronic smoking devices • Prohibits the sale and distribution of flavored tobacco products in San Joaquin County Virtual Community and Stakeholder Engagement Session On June 10, 2020, the STOPP Program of San Joaquin County Public Health Services held a community and stakeholders convening The goals of this meeting were to: • Present the draft ordinance • Collect community feedback • Present the findings from the convening during a future Board of Supervisors meeting Next Steps • Presentation to BOS • City and local leadership outreach • Reach out to cities for adoption of similar ban and possible Tobacco Retail License Senate Bill 793 (SB 793) • Prohibits: • The sale of flavored tobacco products in stores, • Holds tobacco industry responsible • Bill does not: • Criminalize an individual for purchasing, using, or possessing flavored tobacco products Timeline of SB 793 • August 2020, Gov. Newsome signed SB 793 • Bill effective January 1, 2021 • Prohibits retailers from selling flavored products • November 2020, tobacco industry files referendum • November 2022, voters will decide in general elections Smoking/Vaping & COVID-19 • Smoking and/or vaping increases vulnerability to contracting COVID-19 • Doubles the risk of developing respiratory infections • Doubles the risk of developing severe symptoms • Youth and young adults who vape are at greater risk for testing positive Working Together • Adopt ordinance in unincorporated areas across SJC • Prohibit access to menthol/flavored products • Protect the health and well-being of all communities Thank You Smoking & Tobacco Outreach/Prevention Program San Joaquin County Public Health Services 209-468-2415 stopp@sjcphs.org

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