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File Number: 17-272 <br />Police Chief, Jeff Tudor; Public Works Director, Debbie Pollart. <br />Public present: Burpinder Singh; Sukhwant Sehram; Parner Naidu; Teresa Harbboth; Tamiko <br />Johnson; Nasir Kahn; Prashant; Paul Sidhu; Leslie Cervantes; Kathy Ko; Marcia <br />Brown-Machen; Brian Davis; Beatrice Cardenas-Duncan; Rachel Crowell; Tony Singh; David <br />Alga; Denis Ducey; Ali Shafti; Dave Sevelev; Monesh; Jeet Singh; Fayis Ibrahim; B. Raves; <br />Smarjit Sekhon; Serena Chan; Ann <br />1. B. Announcements <br />None. <br />2. DISCUSSION ITEMS <br />2. A. Tobacco Retail License <br />Assistant City Attorney Kris Kokotaylo provided an update on the Tobacco Retail Ordinance <br />and addressed the committee’s concerns regarding the prohibition of the sale of menthol <br />cigarettes and incorporating a “tobacco-free pharmacy” component to the ordinance. The <br />Assistant City Attorney recommended bringing back the “tobacco-free pharmacy” issues as a <br />separate ordinance and found no precedence for a flat prohibition on the sale of menthol <br />cigarettes, suggesting that such a clause could expose the City to legal risk. <br />Vice Mayor Thomas moved we bring the “tobacco-free pharmacy” ordinance back at a <br />separate date. Also requested the City Attorney review the ordinance to include possible <br />prohibitions on the sale of menthol. <br />Vice Mayor Thomas asked for the following amendments regarding violations: <br />2nd Violation 90 days; <br />3rd Violation 120 days; <br />4th Violation 5-year ban <br />Mayor Cutter and Councilmember Ballew did not agree with a change in violations. <br />Councilmember Ballew sought clarification regarding whether all vape products, including <br />non-nicotine products were included in the ban. He suggests the committee find a balance <br />that protects public health at-large but respects the business community as well. <br />Councilmember Ballew also asked staff to research whether San Leandro could place a <br />moratorium on future tobacco retail licenses. This will not affect existing retailers, only <br />potential future tobacco retailers. Requests additional information on protections for “coupons <br />in apps” and other electronic coupon deals. <br />Mayor Cutter suggests bringing the issue to a future agenda for the Council of Mayors to have <br />a lager discussion. Wants additional information on the menthol issue but is not in favor of <br />adding to the ordinance currently. She would like to remove flavored products that do not <br />contain nicotine from the ordinance. <br />Page 2 City of San Leandro Printed on 5/8/2017 <br />22