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After consideration of item 26, City Manager and Council comments were considered. <br />Moved by Councilmember Lopez, seconded by Councilmember Mendoza to Approve with <br />amendments in Section 2-105, subsection b to read as follows: <br />2) The councilmember is awaiting advice from the Fair Political Practices Commission or <br />the results of a pending investigation by the Fair Political Practices Commission; or <br />3) The councilmember states from the dais the possibility of a conflict arising from a <br />source identified at the meeting, and, based on advise from the City Attorney, recuses <br />themselves out of an abundance of caution. <br />YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento <br />NO: 0 <br />ABSTAIN: 0 <br />ABSENT:0 <br />Status: 7-0— 0-0 — Pass <br />27. Ordinance Options Prohibiting the Sale of Flavored Tobacco Products <br />Department(s): City Manager Office <br />Recommended Action: Consider one of the following options: <br />Option 1 <br />A. Ordinance No. NS-XXXX — Adopt an urgency ordinance prohibiting the sale of flavored tobacco <br />products, including hookah. (Requires five affirmative votes) <br />B. Ordinance No. NS-XXXX — Adopt an urgency ordinance prohibiting the sale of flavored tobacco <br />products, excluding hookah. (Requires five affirmative votes) <br />Option 2 <br />A. Approve the first reading of an ordinance prohibiting the sale of flavored tobacco products, <br />including hookah. <br />B. Approve the first reading of an ordinance prohibiting the sale of flavored tobacco products, <br />excluding hookah. <br />Option 3 <br />Consider whether to direct staff to prepare an ordinance regarding enforcement and/or security <br />measures for tobacco retailers; or <br />Option 4 <br />Take no action at this time and wait to see whether senate bill 793 goes into effect following a <br />statewide referendum vote in November 2022. <br />MINUTES: Item 27 taken out of order and considered after the public comments were heard. <br />City Manager Kristine Ridge provided a brief presentation. <br />Council discussion ensued and input provided to city staff. <br />Councilmember Mendoza moved to adopt option 1A and use the definition provided by the <br />American Lung Association. Seconded by Mayor Pro Tem Bacerra. <br />Substitute motioned introduced and passed. <br />City Council 14 3/1/2022 <br />