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Written Public Comment

National City City Council
January 21, 2025

Document
Written Public Comment
Meeting
January 21, 2025
Body
National City City Council
Original file
2.1 MB
Text extracted from the city's file for reading and search. Open the original on pub-nationalcity.escribemeetings.com. That file is the official record.

From: [email protected] on behalf of eSCRIBE.Admin To: Tonya Hussain
Subject: Public Comment Received
Date: Monday, January 20, 2025 3:53:08 PM
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User Ted Godshalk has enter the following comment(s):

PLEASE PULL THIS ITEM FOR DISCUSSION: The Public Works/Engineeering Department should give us a complete report and powerpoint presentation detailing the work this consultant has done by project name and description, for the city, up to this date. The report should also completely detail the total sum of compensation to the consultant, the council actions already approved, the timelines, and the expected new and continuing work and projects- for UP TO $2 MILLION DOLLARS.
for Second Amendment to the Agreement with Atlas Technical Consultants, LLC for On-Call consulting services for the City’s Capital Improvement Program (CIP) in Regular City Council Meeting 1/21/2025 6:00:00 PM
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From: [email protected] on behalf of eSCRIBE.Admin To: Tonya Hussain
Subject: Public Comment Received
Date: Monday, January 20, 2025 3:53:13 PM
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User Ted Godshalk has enter the following comment(s):

The City Staff can handle this event and activity coordination IN-HOUSE with simple Google tools. If they cannot do it without spending more money on a software scheduler tool, then they should probably not have as many events. SAFE MONEY and BE FRUGAL. for Agreement with SuperC AI Inc. to Provide a Cloud-Based Software Program to Streamline the Management and Operation of Community Events and Activities. in Regular City Council Meeting 1/21/2025 6:00:00 PM
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From: [email protected] on behalf of eSCRIBE.Admin To: Tonya Hussain
Subject: Public Comment Received
Date: Monday, January 20, 2025 3:35:08 PM
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User Ted Godshalk has enter the following comment(s):

The idea of spending city money to have a consultant tell you how to trash our community with ADVERTISING billboards is misguided and wasteful. National City will never take in enough rent to justify despoiling the urban landscape. A well-trained City Planner would tell you that the viewscape of a city presents an image to the world passing by. Does someone on the Council want to rent the signs to the new Weed Bar on 24th Street? Is it always just about the money with National City?
for Agreement with Terra Realty Advisors to Provide Advice and Represent the City, in Connection with Various Real Estate Needs Including Outdoor Advertising Billboard Sign(s). in Regular City Council Meeting 1/21/2025 6:00:00 PM
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From: Chelsea Walczak Vircks
To: Clerk
Cc: Juan M. Andrade
Subject: Letters Regarding National City Agenda- Support for Tobacco Retail Licensing Date: Tuesday, January 21, 2025 3:16:33 PM
Attachments: image001.png
National City TRL - AHA Letter of Support 11.2024.pdf
NationalCity-TRL-LOS_TFC 12-18-24 signed.pdf
Tobacco Retail Licence (TRL) Key Elements.pdf
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Good Afternoon, Clerk Chapel,
I hope you are doing well!
In preparation for this evening’s meeting, I would like to send two letters of support for the discussion around Tobacco Retail Licensing (Item 12.2). I would ask if these could be entered into the record if possible.

The first is on behalf of the American Heart Association Board of Directors and the second is on behalf of the Tobacco-Free Coalition (TFC) of San Diego County CoChairs.

We are encouraged to see National City taking steps towards enacting a comprehensive Tobacco Retail License (TRL). A comprehensive TRL is an important tool, alongside prevention education and cessation efforts (which many partners are already hard at work supporting), to help lower youth smoking rates through strong enforcement efforts that curbs illegal tobacco sales. I have also attached a document that highlights Key Elements of a TRL that support its efficacy.

Please let me know if you have any questions- would be happy to discuss further.

Thank you!
Chelsea Walczak Vircks
Chelsea Walczak Vircks
Sr. Community Impact Director, San Diego
American Heart Association
| M
Pronouns: she/her/hers
America Heart Association | 9404 Genesee Avenue Suite 240 | San Diego, CA 92037 San Diego & SW Riverside Division
Board of Directors
2024-2025
Chair of the Board
Debbie Day, MBA
Mitchell, an Enlyte Company
President of the Board
Sheila Brown, RN, MBA, FACHE
Palomar Health
Immediate Past Chair
Juli Moran, MBA
Deloitte
Immediate Past President
Ramón Hernandez, DrPH, MPH
UC San Diego
Leadership Development Chair
Robert Stein, MD, FACC, FAHA
Graybill Medical Group
Directors-at-Large
Richard Armenta, PhD, MPH
Jason Broad, MBA, FACHE
Matthew Clark, MBA
Kelly Davis
Andrew Ho, MD, FACC
Joe Lo Duca, MBA, MPH
Steffani Natter
Neal M. Rao, MD
Sharon Smith, MSN, PhD
Ajay Srivastava, MD
Sonia Tucker, MBA
Ernesto Villanueva, EdD
Jay Wurtzler, CFP, CDFA
Executive Director
Jessica Newmyer
November 21, 2024
National City Council Members
National City Hall
1243 National City Blvd, National City, CA 91950
Dear Mayor Morrison and City Council Members,
On behalf of the American Heart Association, we encourage you to adopt a comprehensive Tobacco Retail License (TRL) ordinance.

The need for a comprehensive TRL ordinance at the local level is especially urgent. The tobacco industry is actively and aggressively working to addict new users, particularly those from communities of color, with easy access to tobacco products. A 2023 finding by SAY San Diego that nearly 20% percent of retailers in National City illegally sold tobacco to youth underscores the need for strong enforcement of the minimum legal sales age, amongst other national and state tobacco laws already in place. With robust enforcement, a comprehensive TRL program can protect kids from a lifetime of nicotine addiction and tobacco-related disease and death.

The American Heart Association recommends the following key policy elements to establish a strong, effective tobacco retail license program:
- An annual retail license fee, paid by all tobacco retailers, that is high enough to cover the cost of enforcement, operations, and compliance
- A minimum of one compliance check, per retailer, per year for adherence to local, state and federal laws
- Violation penalties for illegal sales to minors that include escalating license suspension and ultimately revocation structure
- Penalties for violations are levied on the owner/operator of the establishment, not individual employees
Over 120 communities across California have enacted strong TRL policies to protect their kids from the short- and long-term effects of nicotine addiction. National City kids deserve these same protections.

Thank you for your consideration. We would be happy to provide additional information, insights and support during the drafting process.

Sincerely,
Debbie Day, MBA
Chair, Board of Directors
Greater San Diego Division, American Heart Association
December 18, 2024
National City Councilmembers
1243 National City Blvd
National City, CA 91950
Dear National City Councilmembers,
The Tobacco-Free Coalition of San Diego County is very concerned about the health of residents in our communities and actively works to prevent additional deaths and diseases caused by tobacco addiction.

As Co-Chairs of this very successful coalition, and on behalf of its members we strongly recommend National City join over 230 California municipalities requiring a local tobacco retailer license to sell tobacco products—including 11 in San Diego County. National City residents deserve the best type of tobacco retail licensing policy which is one that is comprehensive.

Tobacco retail licensing policies are badly needed. Despite the legal age to purchase tobacco being 21 since 2017, a recent survey showed that 20% of stores that sell tobacco in National City sold them to youth. Many continue to sell flavored tobacco products – known as the starter product for youth, despite being illegal to do so in California since December 2022. A comprehensive Tobacco Retail License program will educate retailers about the law, hold them accountable for violations, and keep these highly addictive products out of the hands and mouths of our youth.

Tobacco retail licensing policies have many benefits beyond saving lives. They pay for themselves, saves taxpayers’ dollars, and ensures a level playing field for tobacco retailers, especially for law abiding ones.

National City law enforcement can also apply for funding from the California Department of Justice, Tobacco Enforcement Grant Program to set up the program and begin enforcement and bring important revenue to the City.

We’ve partnered with the National City Coalition for Better Heath, Sweetwater Union High School District, and community leaders, all supporting a comprehensive Tobacco Retail License program. Please feel free to contact us for more information via email at Chelsea Walczak Vircks at or Alexandra Swift at .

Sincerely,
Chelsea Walczak-Vircks, Co-Chair Alexandra Swift, Co-Chair Tobacco Retail License
Key Policy Elements
A Tobacco Retail License (TRL) provides standards for retailers of tobacco products and electronic smoking devices to ensure minimum legal sales age and other tobacco related laws are being enforced. Strong local TRL laws have proved effective at reducing illegal tobacco sales to youth and youth tobacco initiation and use.

Elements of an effective TRL policy:

1. There must be an annual retail license fee, paid by all tobacco retailers, which goes towards the enforcement of licensure requirements. The annual fee must be high enough to cover the cost of enforcement and operations.

2. Licensure requirements should include the process by which the tobacco retailer applies, receives, and maintains permission to sell tobacco products or electronic smoking devices.

This includes, but is not limited to, form types, deadlines, and annual renewal process.

3. For enforcement purposes, there should be a minimum of at least one compliance check for violations of minimum legal sales age per tobacco retail license per year. Violations found through compliance checks should also require a recheck, such as within 3 months.

4. Tobacco retail establishments must be required to comply with any and all federal, state and local laws, and subject to relevant fines or penalties for violations.

5. There should be a penalty structure with escalating suspensions and ultimately license revocation. This should include a minimum suspension of 15 days by the third violation, and revocation of license by the fourth violation at the latest within at least two years.

6. Penalties must be levied on the owner/operator of the retail establishment. Any violation count must be applied to the store, and not the employee, so that simply firing an employee does not reset the count on compliance violations by a store.

7. There must be a penalty for selling tobacco products without a license to ensure all retailers obtain a license.

8. There should be no criminal or monetary penalties put on youth for purchase, use and possession of tobacco products. Penalties must be focused on retailer compliance.

9. Additional restrictions, such as on retail advertising or minimum distances from youthoriented facilities can also be considered.

From: [email protected] on behalf of eSCRIBE.Admin To: Tonya Hussain
Subject: Public Comment Received
Date: Tuesday, January 21, 2025 4:51:22 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

User Eiliana Marlet Miramontes has enter the following comment(s):

Tobacco Retail License (TRL) programs have been shown to effectively limit youth access to tobacco products. These programs assist retailers in adhering to tobacco sales regulations while safeguarding young people and communities from the dangers posed by commercial tobacco. Recent data indicates that 20% of stores in National City sell tobacco to underage customers, with many others offering illegal flavored tobacco items. Implementing a TRL would help minimize these practices
for POLICY 105 REQUEST - Amending Title 9 of NCMC regarding Tobacco Retailer License - Requested by Councilmember Rodriguez in Regular City Council Meeting 1/21/2025 6:00:00 PM
Please log into eSCRIBE to review the submitted comment(s).

From: [email protected] on behalf of eSCRIBE.Admin To: Tonya Hussain
Subject: Public Comment Received
Date: Tuesday, January 21, 2025 4:23:02 PM
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User Nicholas Jeffrey Asay has enter the following comment(s):

I am a student at Sweetwater Union High School and Vaping is a very large and disruptive problem at my school. People don't want to go to the bathrooms do to the amount of people vaping in there, people are scared to be caught in the middle if a teacher is to walk in. Not only are vapes a black hole sucking money out of our community and fueling vape companies, vapes are also slowly destroying the health of so many young people. It needs to stop. for POLICY 105 REQUEST - Amending Title 9 of NCMC regarding Tobacco Retailer License - Requested by Councilmember Rodriguez in Regular City Council Meeting 1/21/2025 6:00:00 PM
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From: Kailey Quezada
To: Public Comment
Cc: Ron Morrison; Luz Molina; Jose Rodriguez; Marcus Bush; Ditas Yamane Subject: Public Comment & Attachment (1/21/25) - Item 12.2 Policy Request for Tobacco Retail Licensing Date: Tuesday, January 21, 2025 8:50:11 AM
Attachments: National City TRL Flyer (v5).pdf
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Good morning,
My name is Kailey Quezada and I am representing the SDSU Policy Research Center for Tobacco and the Environment. Below is our full written public comment, along with a PDF of an infographic we worked on to support the National City Tobacco Retail Licensing ordinance:
"Dear National City Council Members,
We appreciate the opportunity to comment on the urgent issue of tobacco retail licensing. We are writing on behalf of San Diego State University’s Center for Tobacco and the Environment. The Center is a group of researchers and community partners dedicated to protecting the public from the environmental and human health harms of commercial tobacco use. We support comprehensive Tobacco Retail Licensing as a crucial strategy that can reduce and prevent these harms.

Comprehensive tobacco retail licensing can address the distribution, density, and location of tobacco retailers, which, if done thoughtfully, will work against the normalization of tobacco use, particularly among our youth.

Our data show that there are 45 tobacco retailers within National City, or 1 tobacco retailer for every 929 residents (age >21). In contrast, there are only 9 coffee shops, or 1 coffee shop for every 4,646 residents >21. Tobacco retailers in National City are not evenly distributed but are concentrated in particular areas, as shown on the map.

More than half (56%) of National City’s public schools are within 1000 feet, or about 1 ½ blocks, of a tobacco retailer. Exposure to tobacco retail shops, with colorful advertising and neon lights in the windows, normalizes commercial tobacco product use, including vapes, in our communities. Youth are the primary target of the tobacco industry because they represent the next generation of customers, people addicted to nicotine. Communities can fight back by adopting tobacco retail licensing that addresses, for example, density, location, and advertising.

As a resource, we recommend referring to the Public Health Law Center’s model language for a comprehensive Tobacco Retail Licensing Ordinance. You can find that here: https://policycte.sdsu.edu/wp-content/uploads/sites/95/2024/08/CAComprehensive-Tobacco-Retailer-Licensing-Ordinance.pdf If you would like more information about tobacco research and policy, please visit our website at cte.sdsu.edu or contact us via email at
Sincerely,
Georg E. Matt, PhD
Lydia Greiner, DPH
Thomas E. Novotny, MD"
Thank you for your time.

Best regards,
Kailey Quezada (she/her/ella)
MPA Student at San Diego State University
SDSU Policy Research Center for Tobacco and the Environment *86% of residents agree that a TRL ordinance would reduce tobacco sales to minors.

Key Metrics
Coffee Shops vs.

Tobacco Retailers
Tobacco Retailers Public Schools Coffee Shops
45 16 9
*SAN DIEGO SMOKE-FREE PROJECT, 2023
Public Schools vs.

Tobacco Retailers
of public schools have a tobacco
retailer within 1,000 feet.
**CA DEPT. OF TAX AND FEE ADMINISTRATION, OCTOBER 2024
56%
Enough is Enough:

National City Residents
Prefer Local Tobacco
Retail Licensing*
There are f
5 ive time
x
s the number of
tobacco retailers than coffee shops in
National City.
**
Funded by the Tobacco-Related Disease Research
Program Grant #T33PC6863
From: [email protected] on behalf of eSCRIBE.Admin To: Tonya Hussain
Subject: Public Comment Received
Date: Tuesday, January 21, 2025 8:42:53 AM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

User Kailey Quezada has enter the following comment(s):

We support comprehensive Tobacco Retail Licensing as a crucial strategy to reduce and prevent harms from commercial tobacco use. Our data show that more than half (56%) of all public schools in National City have a tobacco retailer within 1,000 feet. Comprehensive tobacco retail licensing can address the distribution, density, and location of tobacco retailers, which, if done thoughtfully, will work against the normalization of tobacco use, particularly among our youth. See email for more.
for POLICY 105 REQUEST - Amending Title 9 of NCMC regarding Tobacco Retailer License - Requested by Councilmember Rodriguez in Regular City Council Meeting 1/21/2025 6:00:00 PM
Please log into eSCRIBE to review the submitted comment(s).

From: [email protected] on behalf of eSCRIBE.Admin To: Tonya Hussain
Subject: Public Comment Received
Date: Tuesday, January 21, 2025 3:29:35 PM
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User Leslie Santiago has enter the following comment(s):

A Tobacco Retail License would help reduce youth access to tobacco products. Many youths are currently exposed to tobacco through unregulated smoke shops, which not only allows them to purchase these products but also exposes them to the harmful effects of tobacco at an early age. Please protect our youth and hold retailers accountable. Thank you. for POLICY 105 REQUEST - Amending Title 9 of NCMC regarding Tobacco Retailer License - Requested by Councilmember Rodriguez in Regular City Council Meeting 1/21/2025 6:00:00 PM
Please log into eSCRIBE to review the submitted comment(s).

From: [email protected] on behalf of eSCRIBE.Admin To: Tonya Hussain
Subject: Public Comment Received
Date: Tuesday, January 21, 2025 2:36:40 PM
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User Mary Badiner has enter the following comment(s):

As a parent of young adults, I am concerned about the high rates of illegal sales to youth and young adults' (children). A TRL can significantly reduce the number of illegal sales. National City needs a strong tobacco retail license. A TRL can significantly reduce the number of illegal sales to youth, it can generate revenue to fund programs to protect youth from illegal sales, can include hefty fines & penalties for stores that violate the law, including suspension or revocation of the license.
for POLICY 105 REQUEST - Amending Title 9 of NCMC regarding Tobacco Retailer License - Requested by Councilmember Rodriguez in Regular City Council Meeting 1/21/2025 6:00:00 PM
Please log into eSCRIBE to review the submitted comment(s).

From: [email protected] on behalf of eSCRIBE.Admin To: Tonya Hussain
Subject: Public Comment Received
Date: Tuesday, January 21, 2025 3:19:59 PM
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User Riley Steinley has enter the following comment(s):

My work as a youth prevention specialist in local high schools has shown how prevalent underage tobacco use remains. Tobacco Retailer Licensing is a proven strategy for holding retailers accountable and significantly reducing youth access to tobacco products. TRL policies are an essential tool in ensuring retailers act responsibly and prioritize public health over profit. This would be a great step toward protecting our future generations and ensuring no more teens fall victim to these products.
for POLICY 105 REQUEST - Amending Title 9 of NCMC regarding Tobacco Retailer License - Requested by Councilmember Rodriguez in Regular City Council Meeting 1/21/2025 6:00:00 PM
Please log into eSCRIBE to review the submitted comment(s).

From: [email protected] on behalf of eSCRIBE.Admin To: Tonya Hussain
Subject: Public Comment Received
Date: Sunday, January 19, 2025 1:40:21 PM
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User Manuel Andrade has enter the following comment(s):

A TRL ordinance WILL NOT hurt businesses but the opposite. Why? Tobacco control laws are already in place, this is an enforcement issue and the TRL will help maintain a fair & equal market competition, without unfair advantages. Tobacco retailers complain the license fee will affect them financially BUT based on the National Association of Convenient Stores (NACS), a tobacco retailer makes up to $550,000 a year only on cigarettes not counting billions made by other products
for POLICY 105 REQUEST - Amending Title 9 of NCMC regarding Tobacco Retailer License - Requested by Councilmember Rodriguez in Regular City Council Meeting 1/21/2025 6:00:00 PM
Please log into eSCRIBE to review the submitted comment(s).

From: [email protected] on behalf of eSCRIBE.Admin To: Tonya Hussain
Subject: Public Comment Received
Date: Tuesday, January 21, 2025 3:18:55 PM
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User Yugheipsy R. Alanis has enter the following comment(s):

A Tobacco Retail License Program in National City will help ensure youth and young adults are protected from the tobacco industry. The industry uses flavored products and marketing to engage youth and young adults into vaping, smoking or using other products like nicotine pouches. Youth should be protected from industries that their only interest is to make money.

Thank you for considering the implementation of a tobacco retail license program in National City.
for POLICY 105 REQUEST - Amending Title 9 of NCMC regarding Tobacco Retailer License - Requested by Councilmember Rodriguez in Regular City Council Meeting 1/21/2025 6:00:00 PM
Please log into eSCRIBE to review the submitted comment(s).

From: [email protected] on behalf of eSCRIBE.Admin To: Tonya Hussain
Subject: Public Comment Received
Date: Tuesday, January 21, 2025 6:43:58 PM
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User Kesa Bruce has enter the following comment(s):

Dear National City Council Members, On behalf of the American Lung Association in California, the leading public health organization fighting to reduce and prevent the harmful effects of tobacco use, I am writing to express our support for reducing youth access to tobacco products through the City Council of National City comprehensive Tobacco Retail License (TRL) program as a municipal ordinance.
for POLICY 105 REQUEST - Amending Title 9 of NCMC regarding Tobacco Retailer License - Requested by Councilmember Rodriguez in Regular City Council Meeting 1/21/2025 6:00:00 PM
Please log into eSCRIBE to review the submitted comment(s).

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