City Council - Regular Meeting

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please. Council member Brown, here. Council member  Jimenez, presente. Council member Wilson, here.   Council member Zapeda here. Mayor Martinez here.  Council member Bana is absent for roll call. And   Vice Mayor Robinson is also absent. During close  session, the council will discuss the following   items. Item C1 is conference with legal council  anticipated litigation. There are two cases. Item   C2's conference with labor negotiators. Agency  representative Chiron Taylor, Jack Hughes, and   Lisa Sharon. Employee organizations include SEIU  1021 full-time and part-time unit, IFPTE local 21   midlevel management and executive management  units, Richmond Police Officers Association,   Richmond Police Management Association, AFF Local  188 and Richmond Fire Management Association. We   have one request to address the council. Cordell  Hendler, you'll have two minutes. Thank you. So,   good afternoon, Mayor Martinez. Council, for the  record, I am Cordell Hendler and I'm a Richmond   resident. So when you go into close session,  these unions have done so much outstanding work   for our city of Richmond. I have I have seen  them myself and they have done wonderfully.   So the reason they deserve a pay another pay  increase is because they work tremendously,   you know, keeping our city, you know, safe. So  when you go back in there, think about all the   hard work that these unions have done to make  Richmond more beautiful. So that's that. We   have one speaker online and if there's anyone  else that would like to address the council, if   you're joining us online, please raise your hand  at this time. Ursula, please call the speaker. The speaker is Nathan Lonzo. Nathan,   you may begin. You will have two  minutes to address the council.

Hello. Can you hear me? Yes. Good evening, mayor  and council members. My name is Nate Lonzo and   I'm speaking on behalf of the Richmond Police  Officers Association and the officers who serve   this city every day. I'm here tonight to speak on  one subject and that's to demand accountability   from city manager Curl to return officers Remick  stocking and detective Hajes to work immediately. Richmond is already in a staffing crisis. Officers  are leaving, retirements are accelerating,   and recruiting has become increasingly difficult.  Every officer in the city is watching how three   officers can be kept off duty indefinitely with  no timeline, no resolution, and no explanation   that meet basic standards of fairness. These  three officers were put in extremely difficult   situations and all three officers responded based  on their training. You've had numerous speakers   come in and explain the procedures for OI officer  involved shooting investigations and they have   all said the same thing. If there was any type of  criminal activity, violation of policy, anything   of that nature, it would have been made known to  the chief of police and the chief of police would   have handled these instances appropriately through  the office of pro professional accountability. These young officers had to make tough  decisions in a very difficult situation  

and it is unfair for them to be off this  long with no type of closure. Thank you for   your time. Thank you. There are no more  public speakers. With no more speakers,   a public hearing is closed and we  will now adjourn to close session.

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Heat. Heat. N. Heat. Heat. N. It is uh now time to begin the re regular  meeting of the Richmond City Council. So,   shall we all do 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,  indivisible, with liberty and justice for all. Roll call. Council member Bana  here. Council member Brown here.   Council member Jimenez presented.  Vice Mayor Robinson here. Council   member Wilson here. Council member Zapeda  presente and Mayor Martinez. Presente. Our next item is statement of  conflict of interest. Are there any?

Hearing none. Our next item is agenda review  and I do not have any changes. The mayor do   uh there is one change. Uh we are moving u  uh P2 up to P1. So P1 will be heard after P2. Okay. Our next item is a report from the city  attorney of final decisions made during close   session. Good evening, mayor and city council  and public. Um during tonight's close session,   um all three items were heard uh C1 and C2  conference with labor negotiators as well as   the two uh cases list two cases for initiation  or anticipated litigation, but no final action   was taken on any of the items. Thank you. Our  next item is a report from the city manager.   Good evening. I'm trying out my new standing  desk because we sit here for a long time. So,   if anyone else wants one, please let me know. And  I would like to thank uh Darren and Clarence and   the public works operations and maintenance  team for for making this happen. Um KCRT,   please put up the slide deck. Good evening,  Mayor Martinez, City Council, Shasa Curl,   Richmond City Manager. As a reminder, all  of these items can be found in the weekly   report that is put out on Friday afternoons or by  calling the city manager's office at 510-620-6512. Next slide. On Friday the 20th between 10 and  300 p.m. uh Nickel Park uh hosted the snow day.   Unfortunately, it was rescheduled to the 20th. I  would like to thank all of the community services   staff for putting together the event. It featured  music, games, rock climbing, and plenty of snow   adventures for family and friends to enjoy. Next  slide. Uh we also on February 21st from 1 to 3   p.m. in the auditorium hosted Lunar New Year. Um,  this was another event hosted by the community  

services team and featured over 400 attendees  who enjoy enjoyed live entertainment, beautiful   decorations. And um, again, want to express  my sincere gratitude for all of the staff um,   that celebrate Richmond's diversity and cultural  heritage and help strengthen our community. Next   slide. Coming up, um, we're having a another MLK  community center and park community design event.   It will take place on February 25th from 6:00 to  7:30 p.m. at Nstrom Elementary School. The city of   Richmond is moving forward with plans for a new  community center and exciting upgraded parks to   MLK Park. We want to hear from you. Your feedback  will help shape what these spaces look like,   what programs they offer, and how they serve  our families, youth, and neighborhoods for   years to come. Please come join us on the 25th.  For more information, you can call 510023130008.   Next slide. Upcoming on February 28th from 1 to  3 PM in the Richmond Memorial Auditorium, our   um community services recreation team is  uh hosting our Black History Celebration.   We will be honoring um African-Americans in our  community and in particular we'll be honoring the   life and legacy of Betty Reed Saskin. Um please  register in advance to RSVP. For more information,   please call 5100-620-6793. And again, this event  is ple completely free to attend. Next slide. Uh,   frequently we receive inquiries here  at city council meetings regarding   um organizations in need of grant funds. We  would like to remind everyone in the council   chambers and and everyone in our community  that we currently have funding available for   um organizations in the Richmond community to to  help serve our young people. Um, if you would like   to schedule time to get assistance uh determining  how to best apply for a city of Richmond grant,  

um, you can certainly do so. Please call  510-6206523 to schedule an appointment   or you can email youthman youth  richmanca.gov. The Richmond um,   Department of Children and Youth Grant is um,  available until in this term through March 2nd,   2026. and the environmental community investment  agreement is available and open until March 11th.   Again, if you would like to schedule an  appointment for these to apply for these   funds and get technical support from city staff,  please call 5100-620-6523. Thank you very much. Our next item under accommodations, presentations,  and proclamation is item M1. It's a proclamation   honoring the Richmond Steelers Rich Girls for  their national championship achievement and   recognizing their excellence, leadership,  and positive representation of the city of   Richmond. We have one in-person speaker.  If there's anyone joining us online that   would like to address the council on this  item, please raise your hand at this time. Good evening everyone. Okay, so  I'll let my colleagues to get down. Okay, I'll stand. So, today the city of Richmond is going to  give a proclamation honoring the Richmond  

Steelers dance group Rich Girls as the national  champions at the Jazz Nationals in Las Vegas,   Nevada. I'll start. Whereas the Richmond  Steelers dance group, known as the Rich Girls,   recently represented the city of Richmond at the  prestigious Jams National in Las Vegas, Nevada,   a national dance and cheer competition featuring  youth teams from across the United States. And whereas the rich girls competed with excellence,  passion, and artistic performance, ultimately   bringing home first place honors at the finals,  earning the title of national champions. And where did you guys third? This one.  Mhm. Whereas this incredible achievement   reflects their countless hours of  dedication, discipline, teamwork,   and the support of their coaches, families,  and community. And whereas their success   brings pride to the entire Richmond community as  they showcase their talent on a national stage,   highlighting the city's vibrant  youth arts and athletic culture, and bubbling there. Whereas the rich girls carry  the name and legacy of Richmond with every   performance, standing as ambassadors  of the city's talent, determination,   and cultural excellence, and demonstrating what  is possible when Richmond youth are supported,   celebrated, and given the space to shine.  And whereas the city of Richmond recognizes  

the Ridge girls for the their historic  performance, commitment to excellence,   and for serving as a role models to  youth throughout our city and beyond. Now, therefore, be it resolved that the city  council of the city of Richmond does hereby   honor the Richmond Steelers Rich Girls for their  remarkable achievement at JAMS national compet   champions and extends its deepest congratulations  and appreciation for bringing pride and purpose,   distinction, and national recognition  to the city of Richmond. Thank you. Can you come Can you come  up and show us what you do? Y'all give it up for the rich girl. Yeah. And there coaches if you want to  bring get their proclamation. Coach,   thank you so much for all that  you do with our young people. And so we we're it's on. Okay. So we're  going to go back to our seats so the rich   girls can get the floor and show  us why they're national champs. Yeah. Yeah. You can tell them to just for me.

Just want to perform. Do your best. Somebody told me don't

You ready? KCRT, can you  drop that rich girls music? KCRT, can you restart the track for me? Why? I pull back. Okay. I'm tell I'm tell. Thank you. Thank you. Deputies. Why? Why? Why? I pull back then I let my rush throw it up and let  my other hand hang the off my head. Watch me do   my thing. Go ahead. Go ahead. Get off. Get off.  Go ahead. Go ahead. Get off. Get off. Get off. Hey, that's my type. That's my type down. I  want your man. I got I want a man with a be from the bag. From the bag from the I'm from  the bag. I rep it hard. I'm known worldwide,  

but I blew up from my backyard. I'm from  the bay. That's Northern C. They like   my songs. They like my smile. They like  my style. Let's go. Broke off. Richmond up looking for the broccoli. I can't  keep a horn on me. That's in my seat.   I beat ownership. The blueprint is by  me. Mr. Get off. I get off in my seat. Hold up. Hold up. Hold up.  Hold up. Where are you from? I'm going to go down to go down  sideway. B fever. I'm a one day I enjoyed that. We have speakers. We have one  inerson speaker, Cordell Hendler. Yeah. Okay. So,  

um, good evening, uh, Mayor Martinez.  Uh, council. Um, for the record,   I am Codel Hendler and I'm a Richmond resident.  So, I do want to thank Dr. Brown for bringing this   forward. And to the rich to the rich girls, I was  like, all I can say is one word. Wow. I was like,   woo. You You really You really When you did that  performance, I was like, I feel like I'm watching   Showtime at the Apollo. And I was like, but I'mma  quote but I'mma quote something from the late   Whitney Houston. May she rest in peace. You are  every woman. So it's all in you and you did just   that. First place in Las Vegas. Wow. Kudos to you.  Keep doing what you're doing best. And so far you   have done it. I mean when you took first place all  you better like thank God that you came. You took   first place and you did. So tell tell God that you  are blessed that you doing this dance for us and   I was very impressed by your moves and I was like  I can't do that I can't do that type of dance so   I'll say I'll just say I'll just save it I just  I'll just keep it PG. So that's it. That's it. That was our last inerson speaker when now  we move to the online speakers. The speaker   is Brian Lamb. Brian Lamb, you will have two  minutes to address the council. You may begin. Brian Lamb. Hi there. Sorry. Can you  hear me? Yes. Gotcha. Good evening,   council members. Uh my name is Brian Lamb  and I'm a policy and engagement analyst   with the California Field and Convenience  Alliance. Uh we are a statewide pardon me,   Mr. Lamb. Um you this this topic is for the  proclamation. Oh, gotcha. Okay. Sorry. Is the  

uh be next. Okay. Gotcha. No worries. Okay.  Thank you. That was our last public speaker. Welcome. Our next item is open forum. What do you  thought it was? Okay. Open forum is an opportunity   to address the council on items that remain on  the consent calendar or items that are not on the   agenda. During open forum, dialogue between the  council and the speaker is prohibited. Tonight,   we have 10 in-person speakers. Anyone joining  us online that would like to address the council   under open forum, please raise your hand at this  time. We'll start with the in-person speakers and   then move to the online speaker. When your name is  called, please come forward and line up behind the   speaker's podium. When you're called to address  the council, your state your name and your city   of residence is optional. Please terminate your  address to the council when your time expires.   Each speaker shall be allowed up to two minutes.  The city of Richmond welcomes your comments and   we request that you present your remarks in  a respectful and appropriate manner within   established twominut time limit. The speakers  are Cordel Hendler, Hendler, Irania Del Lamora,   Matt Stonereaker, Ruthie Denine, Elizabeth  Bashan, Savannah Stewart, Benio, Rolanda Wilson,   Mark Wasber, and Kathleen Cosby. Cordell Hendler.  Here I am. So, good evening again, Mayor Martinez,   uh, council. For the record, I am Cordell Henland.  I'm a Richmond resident. So, first I do want to   thank the mayor's office for this proclamation  for American Red Cross because I feel that this   is important organization because they have done  a lot of good work for our community and I even  

donated blood to them like every now and then  and I'm scared of needles just to admit it. So,   that's one. Then second thing is um if you  recall a few months back when uh I had presented   um a report from the women in the workplace  in 2019, one of the statistics shows that   uh that women in the workplace get less  support because they they're not they're   not being treated like you know fairly. And  so it got me thinking it's like how can we   uh get how can we have our department heads you  know feel their uh their concerns because they   need more staffing because that was one of the  issues that I had brought forward was like you   know they need more staffing. Second all, if you  remember last month when you decided uh what to do   with the Chevron money, that money should be going  towards our staffing because we have a lot of   police officers that are needed because our city  trusts um we trust our officers. We trust. So,   if I had an extra $550 million, I would like  fix our streets because they they in need some   attention because every time I go down 27th and  Nevin, it's a problem area because two accidents   have occurred within that timeline. So, and I  know you have an item later in the agenda. So,   I'll save my comments for that and I'll  just leave it at that. Irania Delmora Hello, my name is Irania Delorea. I R A N I  A Delorea D E L A M O R A. And I want to use   my time here today in open forum to address a  national injustice being committed in China by   the Communist Party and in India. In an article  titled Force Organ Harvesting: Another Chinese   Communist Party means to target minorities, Zong  Xia addresses the Communist Chinese Party campaign   to crush Fu Hong Gong practitioners in 1999 and  is still being done today in mass numbers and  

practicing forced organ harvesting procedures on  these people mainly in the prison of conscience   in China. Francis de Monaco is a doctor based in  the east coast of America. He stated on PBS News,   "Starting in the mid 1990s, the world saw an  increase in a practice called transplant tourism,   a form of organ trafficking in which an individual  travels to a country such as China or India and   pays for an organ transplant in cash. Typically,  the person the purpose is to subate weight list.   There's no weight list in China or in India.  You get an organ in a week. That means it's a   fresh organ from a living person. They're organ  harvesting farms on Christians, Fu Hong Kong and   Muslims. And it's not a secret. It's all over the  internet and it's been happening for years. And   another thing, initiative and accountability needs  to be done now to address this inhumane practice   in China. And all business in China must end. This  is a billiondoll business. It's one of the reasons   why the Chinese are making so much money now. And  they're competing with America and also why India   is making so much money now because of the organs.  It's the number one seller in the world. Countries   who believe in the integrity of the human body  must not do business with the communist party.   The reason they were able to do this was because  they were able to do universal health care. They   ended competition in hospitals and the government  decided to stop funding hospitals and the only way   that hospitals could make money after that  was by doing forced organ harvesting on the   population. Thank you very much. Matt, say no  to the communist party. Matt Stone Breaker. Good evening, mayor and city council members.  My name is Matt Stonereaker and I'm currently   the president of the Richmond Police Management  Association. I'm here tonight to advocate for the   officer's returns return uh to full duty from  administrative leave which is uh officer Rimik   Stalking and Hodgeges. First and foremost, let  me be clear. We fully support a fair, thorough,  

and transparent investigation. We always  want accountability. We also understand   that the California Department of Justice has  an independent process that will move forward   on their timeline. Unfortunately, not ours. What  is important to understand is that DOJ prioritizes   cases based on whether there are immediate  concerns or questions about the incident. If   there are significant concerns in these cases,  those investigations would have been expedited.   That did not happen. Instead, these incidents  were placed in the normal investigative queue,   which can take up to 26 months. What is  also concerning is that the decision to   keep these officers off work beyond the standard  administrative leave period is unprecedented in   Richmond. This has never happened before.  At the same time, there has been little to   no communication or updates provided to  the officers or their representatives.   The lack of transparency and collaboration in  this process has created unnecessary frustration,   uncertainty, and stress for everyone involved.  Right now, we have three fully trained officers   at home unable to perform their duties while  the department continues to deal with serious   need for experienced officers on the streets of  Richmond. We are simply asking for consistency,   fairness, and common sense. We are also asking  for a more collaborative and transparent   approach moving forward. Open communication  between the city leadership, the department,   and employee associations will help build trust  and transparency. Please consider allowing these   officers to return to full duty while the  investigation continues or at least have   dialogue so that we understand what's going on  because this is not standard practice. What's   going on is they killed somebody in cold blood.  Ruthie Denine, excuse me. Uh before before the   next weeks after murdering someone else before  the next excuse me Mr. Mayor before the next  

person comes up I want to remind people that you  will hear things that are difficult to listen to   at the at the podium. Uh but we need to  respect each other. allow them to speak   without interruption and you will have a chance  to speak also. Uh I don't want to turn anyone away   uh for interrupting but I will because we need  to have a civil discourse in the chambers. So so   please I I I beg of you to to be as respectful  as possible. Uh, next person, Ruthie Denine. Hi, my name is Ruthie Denine and I'm the executive  director at Eastpay Center for the Performing Arts   here in Richmond. Tonight, I would like to thank  the city for making possible Richmond's fund for   children and youth. This financial support has  been very impactful for our students and I know   other work in Richmond as well. As a reminder,  the majority of the cent's $5 million budget   comes from foundations. Centralized city funding  in Richmond for children and youth is very,   very important for tuitionfree providers like  Eastpace Center. And today, I want to say thank   you for what's what it's made possible most  recently. Critically, this fund supports the   cent's young artist diploma program, supporting  over 100 Richmond youth in grades 7 through 12   with cross-cultural performing arts education  and comprehensive student support. Funding from   RFCY specifically has helped the center deepen  our partnership with the family justice center,   integrating violence prevention education,  individual support, and leadership projects   into the six-year young artist diploma program.  RFCY funding has also supported the growth  

and sustainability of the Richmond High music  department for the past year. As you might know,   the school district recently made serious cuts to  this school music program, including centralized   school district funding for all elementary music  teachers, as well as seventh elective period in   high schools. The partnership between East Bay  Center and Richmond High is made possible by   RFCY funds. East Bay Center provides an average  of 24 hours per week of instrumental coaching,   one-on-one support, and small group sectionals.  Performance Day was also made possible by RFCY   funding where students from the music programs at  Dejon Helms, Kennedy, and Richmond High come to   East Bay Center to perform for each other. We want  to thank the city staff for administering this   program and let you know it's very, very important  to the community. Thank you, Elizabeth Fashan. Good evening, mayor and city council members.  My name is Elizabeth Bashan and I am a member   of the Richmond Police Management Association.  I'm here to discuss our three detectives who   have been placed on indefinite administrative  leave. I would first like to acknowledge that   these officer involved shootings were tragic  incidents that are deeply impacting families   and loved ones and no one is here to minimize  that. One thing I hope we can agree on is that   multiple things can be true at once. These  incidents were also deeply traumatic to   our officers. Three detectives are  currently on administrative leave,   their careers on pause with no end in sight. I  want to be clear that we fully support the fair   and transparent investigation of each of these  incidents. We are not asking for anyone to be   shielded from accountability. The Richmond Police  Department aderes to state law, county protocol,   and department policy. While these shootings  were tragic, Detective Hodes, Detective Stalking,   and Detective Remik all performed admirably under  extraordinary pressure, and they each have my full   confidence. These detectives are highly respected  members of the Richmond Police Department. Each  

earned the distinction of being selected to  serve in our investigations bureau. These   three detectives also represent 21% of my bureau.  The city of Richmond currently has 14 detectives,   and now three of them are sidelined indefinitely.  This means the remaining 11 are carrying the case   load for a city of over 100,000 community members.  Beyond the numbers, morale matters. When officers   watch their colleagues in limbo without timelines  or resolutions, it sends a message about how city   leadership values its people. This uncertainty  is damaging. It affects recruitment, retention,   and morale. What we are asking for tonight  is consideration from city leadership that   reflects the procedural justice we expect of our  officers and that our officers deserve in return.   In closing, I leave you with this. No decision is  a decision. Please bring these detectives back to   work in a manner consistent with past pattern and  practice of this agency and agencies throughout   the state of California. Thank you. Jails kill the  cops. Keep them off the street. Savannah Stewart.   I did. Well, they're away for your turn. Wait for  my turn. Will they lie? Excuse me, sir. Excuse   me. Uh, I will I will not allow you to I will  not allow you to stay if you keep interrupting. In our opinion, the police the police  team is interrupting your meeting. They   have a script they're all reading just  to get their officers back on the force   when they know that their officers  are Sir, I plead with you. Please,   I want to hear you and I won't be  able to if I have to turn you out. Good evening, mayor and members of the city  council. My name is Savannah Stewart and I   am a member of the Richmond Police Officers  Association. I'm here to discuss the recent   officer involved shootings involving members  of this agency. I will always acknowledge that   regardless of the circumstances who was right and  wrong, any loss of life is tragic. I hate that  

the family and friends of those who lost their  lives are suffering. My heart is with all who   are grieving and it always will be. We should do  absolutely everything we can to support the family   and friends of those who lost a loved one as a  result of officer using deadly for force. I fully   support that. We should also do everything we  can to support the officers who had to make that   incredibly difficult decision, especially when  those officers acted within the scope of their   legal authority and department policy. I pose this  question to the city manager and members of the   council. Have any of you reached out to Officer  Rimik, Officer Stalking, or Detective Hodgees to   offer your support and check on their well-being?  If you have not, I respectfully ask that you   consider why. Officer Stalking, Officer Rimick,  and Detective Hodgees chose a profession that   requires risk, sacrifice, and most importantly,  courage. I emphasize courage because it takes   courage to go through a door that most would never  approach. It takes courage to confront someone   armed with a deadly weapon so that innocent  bystanders don't have to. It also takes courage   to continue doing this job after being involved  in a critical incident after experiencing trauma   and facing criticism from those who have never  done the job and may not fully understand the   realities of it. I also want to emphasize when  an officer uses force in California, the legal   standard is outlined in penal code section 835 and  the administrative standard for this department   is found in Richmond Police Department policy  section 300. The legal standard should not be   replaced by the opinions of individuals who are  not subject matter experts and who have never   served in this role. With all of that said, I ask  that you not do the political thing, but instead   do the right thing and allow these officers  to return to duty. Thank you for your time. Next speaker is Benio. Ventario, president of the Richmond Police  Officers Association. Good evening, Mayor and  

Council. Again, want to continue to explain the  circumstances. There is no sustained discipline,   no criminal finding, and no pending charge.  There's only inaction. Officers Remick,   stalking, and Detective Hodgees remain out of work  because the city manager is choosing not to act.   That's it. No legal barrier, no procedural  obstacle, just the decision to do nothing.   And doing nothing is still a decision. Every  day that this continues, it sends a message to   the entire police department. Your career can be  placed on pause indefinitely without explanation,   without resolution, and without accountability.  That is corrosive to morale. It is destabilizing   to operation, and it is reckless leadership.  We are short staffed. We have officers who are   exhaust exhausted. Recruitment is a challenge.  Recruitment of experienced personnel, top tier   personnel is a challenge. The city manager  is manufacturing this instability through   silence and delay. This isn't about process.  The process is over. If there were findings,   you would know. If there were charges, you would  know. So, what exactly justifies keeping three   experienced officers off the street? Nothing.  Leadership requires decision-making, even tough   decisions. What we are seeing instead is avoidance  and avoidance is not governance. Council, the city   manager works at your pleasure. And you have every  right to demand action and demand explanation.   And I hope you are doing so. Need to bring  back officers Remick, stalking, and detective   Hajes. End the silence, end the stall, and end the  culture of this continued unaccountable inaction.   It is unnecessary, unexcusable, unexplainable. Ask  your city attorney what the issue is. Do that. Do   that in close session. Ask what the problem is.  We're bringing these people back. The answer is  

nothing. Thank you. Murder is unnecessary. You  have to kill anybody. Shut up. You shut up,   sir. Please. How many times? He needs to be  removed. He got about three times. Excuse me. Uh   uh it it doesn't help when other people join in.  So please don't. They're all defending killers.   Our next speakers are Rolinda Wilson, Mark Wber,  Kathleen Cosby, Jamie R. and Natie. Please come   forward. Rolanda Wilson. Good evening, mayor, vice  mayor, city council members. My name is Rolanda   Wilson and I am a volunteer with the Red Cross.  I am delighted to be here with you this evening,   especially this time of year when when uh Red  Cross is honored for its humanitarian commitment   to serve our communities across the United  States and around the world. Thank you again   for your continued support of the Red Cross.  Um, when help can't wait during emergencies,   American Red Cross volunteers step up to ensure  those in need to receive relief and care. We enjoy   the long history of partnering with the city  of Richmond to benefit our community. In 2025,   we responded to 21 fire 21 home fires in just  the city of Richmond. We opened 20 33 cases and   served 75 residents with comfort, hygiene items as  well as financial assistance and shelter. During   the sound of the alarm events, we partnered with  Richmond fire where we installed 64 smoke alarms   in 15 homes. We've also participated in seven  emergency prepared prepared events and fairs.   It was a wonderful opportunity to meet our local  residents to talk about disaster preparedness,   our program, and other volunteer opportunities.  These are just a few examples of the activities  

that we've engaged in during the last year here,  and we look forward to partnering with you during   our upcoming events, including we have a sound  the alarm coming up event coming up in April in   the Shields Reeds community. Our community  counts on Red Cross for help every day and   support our communities in the heart of what we  do. Working with partners like yourselves helps   us to continue our me our mission to prevent  and alleviate human sufferings in the face of   emergencies by mobilizing the power of volunteers  and generosity of our donors. On behalf of the   volunteers and those that we serve, we want  to thank you and the the city of Richmond and   the city council for standing with American  Red Cross. I I know that we're on consent,   but if I could just take a picture and  send back with the Your time is expired. Okay. So, thank you. Thank you. Next speaker will be  Mark Wasber, followed by Kathleen Cosby. Seems like the city council is going to uh pass  this safe zone uh next meeting in March. Uh I   think you you're making a big mistake because  you're not going to stop the federal government   for enforcing constitutional law. G uh Oregon  tried it in 20ou in 2020. The feds shut him down.   They tried it in Minnesota. Tom Holman went to  Minnesota, gave the governor good work over, and   they shut him down. Now the police department is  working with ICE. So what gives you the power over   the federal government, and you're going to stop  the National Guard and ICE from coming in here?   This is the most stupidest thing I ever seen in  my entire life. It's all stupid politics. So, what  

are you going to tell the people when ICE comes in  here, starts arresting these illegal immigrants,   the criminals? What are you going to tell them?  You going to sit there and lie to them? Are you   going to have the Richmond PD start arresting  ICE and the National Guard? I will guarantee you   Trump will have every FBI and federal marshals  swarming all over the Richmond PD. They tried   anything stupid like that. We know for a fact  that the city council has sponsored uh Antifa,   the BLM. They sponsored even Hamas when Aguada  was preaching hate and murder against Israel.   They stopped the police checkpoints, giving the  illegal immigrants for all your ID cards. Uh   uh Gail McLaclin told Magnus not to deal with dice  and he got mad and walked out of the room. I mean,   this is pretty. This is your government, people.  This is your government standing up for criminals,   hiding aiding betting criminals from the law.  This is the most dumbest thing I ever seen in   my time. And you people are so stupid to vote  these people back into office after they're   standing up to support criminals. Is this what  you want? Go back and see when these illegal   immigrants raped and killed Lake and Riley.  Time is expired. Next speaker, Kathleen Cosby. Hi, thank you for giving me two minutes. Um,  I've been a Rich uh Richmond resident since   2008. I'm here to talk about the sideshows  in particular this past Saturday night at   Canal and West cutting. There was a sideshow that  lasted about an hour. I'm wondering if any of you   were woken up by that perhaps. Show of hands. Not  in your neighborhood. They happen in mine. Um, I   want to paint a quick picture. Fireworks, firearms  being discharged, screeching tires, huge engines,  

many sideshows peeling off throughout Miller  Knox into sensitive environmental areas. Called   in to dispatch, the cops are tied up on other  emergencies. Their hands are full. They're underst   staffed. My 85year-old neighbors, as I stood  in the window watching, I see their lights go   on. Are they going to wake up? Are they going to  fall and break their hips because they're afraid?   Think of the environmental damage, smoke,  exhaust, tire dust, fireworks being set off,   vandalism of city property, which I want to say  the hardworking employees of Richmond freshly   painted beautiful crosswalks so the people of  Richmond and all over can enjoy our area. It's   ruined now. Have any of you seen it? Show of  hands. Have you seen the intersection? Thank   you. Assembly without a permit. Unsafe  driving. To have a parade in Richmond,   you need a permit. To have a picnic in Miller  Knox, you need a permit. You need to pay money   so the city permits you to have fun. What other  groups would you all permit to treat our city   and our streets this way? What other groups, a  well-meaning group of firearm enthusiasts who   want to drive their trucks at 2 or 3 in the  morning and play some music and show off for   each other and take lots of photos and get cred on  social media? Are they welcome here? What I ask,   come see our intersection. If you welcome this,  if you condone this, take responsibility for this.   Come clean our crosswalk. Go on a ride along with  the police. Understand the cost they pay when they   have to roll up their cars. I'd like this on the  expired. Thank you. Our next speaker is Jamie R.

Um, is Jamie R. Yeah. Hi. Hi, M. Hi. Thank you.  Um, yeah. Um, as much as addressing the city   council is important, it's more important that  all of you guys get addressed because you're the   people who can take to the streets and pressure  the city council to to make a decision. They're   right. You know, not making a decision is  not good. What we really need is for them   to decide that these officers should be stripped  of their badges and thrown in prison for murder.   That's what it takes. Anybody here knows that if  officers can kill you just because you're holding   something that they think is a weapon, then  they can kill you for any reason. I talked to   a 13-year-old who is saying if I'm in my kitchen  with a knife and a cop bust in, they can shoot   me. And the answer legally across the country is  yes. They can [ __ ] kill you for any reason that   they see fit and get away with it. And it's going  to take a mass movement of people in the streets   saying that they won't stand for it anymore.  That it doesn't matter what the law is. It   doesn't matter what policy is. That a 13-year-old  can understand that it's wrong to shoot and kill   people because they're holding a knife. That's  not necessary. That's not necessary anywhere   else in the world. And it doesn't need to be  necessary here. And so why are we standing for it?   Why are people going about acting as if there's  nothing we can do about this blatantly inhumane,   evil legal system that allows police to kill and  get away with it. Over there is Ben Thol. He's the   um Richmond Police Officer Association president.  He loves defending killer cops. You just saw him   do it and he's blatantly lying. They're saying  that they have no idea why their people are taken   off of leave. They're saying they have no idea why  their people are taken off of leave. And I want   everyone who who believes that killer cops should  be held accountable to say, "Justice for Angel   Montano." Justice for Angel Montano. Justice for  Angel Montto. Justice for Angel Montto. Justice  

for Angel Montano. Justice for Angel Montano. And  what does justice look like? Justice looks like   jailing killer cops. It's It looks like seeing  officers Nicholas Remick and Colton Stocking   behind bars. Your time is expired like anyone else  would be if they killed somebody on the street.   Thank you, Nati. We should come up. People should  disrupt this meeting and say that they think it's   wrong. Excuse me. Excuse me. We are not here  to debate in the chambers. If you don't stop we have a speaker Nati. Yeah. Okay. Can you speak   in the mic please? I'm speaking.  Can you speak in the mic please? I want to speak to them. No, watching TV. It won't  be recording. Just press the button. There you go.   My name is Nat. I'm with a group called Dare to  Struggle and I'm going to add on to what Haime   was saying. I'm also here to demand that Richmond  PD officers Nicholas Remick and Colton Stalking be   removed from the force and charged with murder.  For everyone who doesn't know, on August 4th,   Angel Montano was experiencing a mental health  crisis. Instead of help, Angel and his family were   met with a kill squad, armed to the teeth. RPD  knew this was a mental health crisis, but showed   up with pistols, a rifle, and a shotgun. They did  not need to kill Angel. The deadly weapon they   speak of, again, was a kitchen knife. To call  these officers courageous for unloading their   clips into Angel's body as soon as he opened the  door, makes a mockery of the very idea of courage.  

The past two city council meetings, Richmond  police officers, including Remick and Stalking,   have come into the council to intimidate the  council and the city manager. They claim to have   no idea what's going on. They complain that these  officers are suffering. Let let me remind you,   these officers are sitting at home getting paid  after murdering someone. The family is suffering.   The family is traumatized. That's who we should  be concerned about. to even remotely compare the   trauma that his family has experienced after this  and to see all the lies that are put out about   Angel, about his family, about the situation and  to call the officers traumatized. To even say that   in the same breath is absolutely disgusting.  They [ __ ] and complain about the lack of   due process. What due process did Angel get? He  opened the door and within seconds was shot. We   don't even know how many times still. We don't  know how many times because the body cam footage   has not been fully released. We don't know how  many shots were let off into his body. We all   are asking for these answers and it's been  seven months and we've been given nothing. He was shot in the face seven times  with the first shot. Yep. And so,   as Haime said, there is an epidemic of  police brutality across this country.   There have been, I think, over 10 people killed  in the Bay Area since Angel was killed in August,   and it hasn't stopped because no one has been  held accountable for it. And this council claims   to care about Palestine. Um, well, what about  the epidemic in this country? The genocide of   our young black and brown men who are being  killed by police officers. Time is expired.   Justice for Angel. Justice for Angel. Justice  for Angel. Jail killer cops. Jail killer cops.

That was our last last in-person speaker.  Now we'll move to the online speakers. The online speakers are Brian Lamb, Michael  Pagalene, Nicholas Remick, Alexander Kaine,   Carlos Shahedi, and Mark. Brian Lamb, you  may um unmute yourself and you may begin. Hello. Well, good evening, council members. Uh,  my apologies for speaking out of turn earlier. Uh,   but my name is Brian Lamb, and I am a policy and  engagement analyst with the California Fuels and   Convenience Alliance. Just some background, we  are a statewide trade association representing   a majority of California's gas station and  convenience store operators, over 95% of   which are small mama pop establishments. First and  foremost, uh excuse me once again. Uh this is uh   open forum and I believe that you are speaking  to uh uh P P2 uh the tobacco retailer license   amendment which will happen after we pass the the  consent calendar. Okay. My my apologies. Yeah,   my apologies. The next speaker is Michael  Paggle. Michael Paggeline, you may begin.   Good evening. Can you hear me? Yes. Good  evening. My name is Michael Paggling and   I'm speaking on behalf of the Richmond  Police Officers Association. Tonight,   let's talk about justice. Justice for our  community, justice for victims and families,   and justice for the three dedicated  Richmond Police Officers who remain on   unjust administrative leave. In Richmond, we  pride ourselves on fairness, accountability,   and public safety. These principles are not  in conflict. They stand together. And right   now they are being undermined. Three officers  of the Richmond Police Department are sitting   at home. Not because they have been found guilty  of wrongdoing. Not because due process has run its  

course, but because it has stalled. Administrative  leave is meant to be temporary. It is not meant   to become a quiet punishment without conclusion.  While this delay drags on, real consequences are   being felt. Cases are slowed. Investigations are  strained. Victims and families wait for answers.   Justice delayed is justice denied. Not just for  officers, but for the very people our system is   meant to protect. Take for example Detective Hodes  of the General Crimes Unit. While he sits at home,   his substantial case load sits at his desk  collecting dust. Suspects are released from   custody because cases are not filed and crucial  follow-up is not done. The only other two   detectives in the general crimes unit have over 30  cases each and can't take on the extra case load.   Our already strained detectives can't bridge this  gap as much as they may want to. And who suffers   from this? The victims and their families. These  officers want to work. They want to serve. They   want to be back in uniform protecting the same  neighborhoods they have committed their careers   to defending. They deserve timely due process. Our  community deserves a fully staffed and functioning   police department and victims deserve deserve  resolution. The responsibility to move forward   rests squarely with the city manager. Failing  to act, failing to conclude, failing to decide.   This is not leadership, it's avoidance. And  avoidance erodess trust. Accountability matters.   City manager Curl, stop using administrative  leave as punishment. Bring back officer Remick,   codes, and stalking. Thank you. Thank  you. The next speaker is Nicholas Remick. Nicholas, you may begin. Please unmute yourself. Okay, we will come back to him. Um,  the next speaker is Alexander Kaine.

Good evening. My name is Alexander Kane and  I'm speaking ha on behalf of the Richmond   Police Officers Association and the officers  who serve this city every day. I'm speaking for   two simple reasons. First is to ask this  council to support a fair, competitive,   and marketable contract for the Richmond police  officers. Second is to demand accountability from   city manager Curl and the immediate return  of officers Remik stalking and Hodgeges to   duty. Let's be clear, this is not just a labor  issue. It's a fiscal management issue. Richmond   is already in a staffing crisis. Officers  are leaving. Retirements are accelerating.   Recruiting is increasingly difficult. Every  time an experienced officer walks out the door,   the city loses an investment in training,  institutional knowledge, and leadership.   This cost does not disappear. It shifts. It  shifts into mandatory overtime. It shifts   into burnout. It shifts into higher workers  compensation claims. It shifts into slower   response time and increased liability exposure.  Turnover is expensive. Retention is much cheaper.   A competitive marketable contract is not  about generosity. It's about protecting   the city's financial stability and maintaining  operational capacity. Stability reduces overtime   costs. Stability reduces liability risk. Stability  projects protects the budget. At the same time,   keeping three officers off indefinitely without  resolution compounds that risk. Prolonged   administrative removals increase potential  legal exposure, invite costly litigation,   and undermine organizational competence.  Support a fair and competitive contract,

bring back officers reik, stalking, and  hodgees immediately. Thank you. The next   speaker is Mark. Mark, um, can you please state  your full name for the record and you may begin. Evening Richmond politity here. Pull up a  chair. This one's got chapters. The Richmond   Progressive Alliance once a welloiled machine  now. Honey, it's given reality TV. Just weeks ago,   the RPA old guard looked council member  Jimenez dead in the eye and said, "Mommyha,   we're riding with Eduardo. Done. Settled." Then  the mayor goes and has himself a very public,   very embarrassing anti-semitism moment. nearly  got centured. But the RPA stood right behind him,   loyal to a fall till Claudia got to work. See,  while the RPA was very publicly defending their   God, Claudia was quietly making her rounds,  unions, NOS's, anyone who would listen,   building her coalition, methodically pulling  the rug out from under Eduardo, one handshake   at a time, one coffee meeting at a time, one quid  proquo at a time. After all, Richmond, that's how   this RPA council operates. And just like that,  the RPA who swore up and down they had Eduardo's   back folded like a cheap lawn chair on a foggy  cold Richmond summer day. Now they're endorsing   Claudia tomorrow. Bing bing. Meanwhile, Doria, who  swears she's not RPA. Just don't tell Steve early   that. Or the RPA since they made her the star  of traction on their website homepage. All last   election cycle in 2024 even though she wasn't  even running. Poor Melvin had his face chopped   off to showcase her. That was some serious shade.  Claudia, excuse me. This This is actually It took  

me a while to realize that this is about elections  and we cannot do electionary during council time. That was our last public speaker.  Thank you. Who was that? I don't know. Our next item is approval of the consent calendar.   We need a motion. I move the  consent calendar. I second. Council member Brown, yes. Council member  Bana, yes. Yes. Council member Jimenez,   yes. Council member Wilson,  yes. Council member Zapeda,   yes. Vice Mayor Robinson, yes. And Mayor  Martinez, yes. The vote is unanimous. Our next item is item P2. Speakers for that. and that is to hold a public  hearing to introduce an ordinance for first   reading amending chapter 7.106 entitled tobacco  retailer license and repealing Richmond Municipal   Code Chapter 7.107 to comply with updates to  state law relating to the sale of flavored tobacco   products. Establish a cap of 50 licenses that can  be issued at any one time to protect against over   concentration and to add operational prerequisites  and enhance regulations for enforcement of   violations including retailing without a tobacco  retail license. Sales to minors and sales of   illegal and hazardous substances which shall aim  to protect vulnerable demographics. streamline  

compliance standards and enhance available  enforcement tools. And this is a public hearing,   so each speaker shall be allowed up to  three minutes to address the council. So, we'll begin with the staff report. Mayor, can you give staff just a moment  to get settled? Thank you so much. Thank you. Good evening, mayor, vice mayor, council members,  um, and members of the public. My name is Avery   Stark, planning manager here with the city of  Richmond, and I'll be introducing tonight's item   on updates to the city's tobacco retail ordinance.  Tonight, we'll explain um why the updates are   needed and walk through the proposed ordinance of  changes. I'm joined this evening by Lena Velasco,   our community development director, Eva Man,  our code enforcement manager, Kevin Tisdale,   our code enforcement officer, and um who's been  leading the city's oversight inspections um and   enforcement work related to tobacco retailers.  Um we also have um available Chief Simmons um   for any questions related during the question  and answer component of this presentation.   And then we are also joined by Lauren Brown  of Civica Law who's supporting city staff   as outside legal counsel in conjunction with the  city attorney's office. And then Myra Lopez with  

Contraosta County Health who is also present in  the audience this evening who will be a part of   our presentation. Together we will walk through  the background the proposed ordinance updates um   and this section and and the actions before you  tonight um as a part of our presentation. I will   caveat that I will be leaving in approximately 10  minutes as today is my birthday and I need to get   to dinner before I get in trouble. So, happy  birthday. There we go. Let's get to work. So,   tonight um we are requesting that the council  hold a public hearing and introduce the first   reading of the amendment to chapter 7.106  along with the repeal of chapter 7.107.   These updates are in response to several pressing  concerns, primarily of which a documented rise in   youth tobacco and ecigarette use between the  years 2011 and 2022, increased local access   to tobacco products through unlicensed retailers  throughout the city of Richmond, uh statewide bans   on flavored tobacco products and most ecigarettes.  Um the process of updating our ordinance will   ensure alignment with state law and strengthens  our protections and our ability to protect the   youth of Richmond. I won't necessarily go through  all of these different timelines here. Um but um   important to note turning points is that city of  Richmond has been regulating tobacco retail since   2009 where we've required a tobacco retail license  and a subsequent business license that accompanies   it. Um, in 2018 2019, the sale of flavored tobacco  and other uh, ecigarettes were prohibited under   local ordinance. And then most recently in  2016, under state law, those same products um,   with expanded definitions were also um, prohibited  from sale um, within tobacco retailing stores. Um, so why we're regulating? So retailer density  is one of the strongest predictors of youth  

tobacco use and more stores means more exposure  to advertisements and easier access tobacco   products and the like. Over time this normalizes  tobacco use um for young people and increases the   likelihood that they will start smoking. Our  proposed updates aim to reduce the exposure to   protect and protect youth and their health. Um,  and this again is the public health foundation   for the policy change that we have before you  this evening. I will now turn it over to Kevin   Kevin Tisdale um to talk about items that have  been found during um inspection. Thank you Avery.   Mayor and city council. The following five slides  will illustrate the public health concern driving   this ordinance update. Uh we've seen a rise in  youth use of flavored tobacco and ecigarettes   um often from local and unlicensed retailers.  This is a statewide issue, but Richmond has been   specifically impacted uh prompting our moratorium  and the strengthened approach we're um we're   recommending today. By definition in the proposed  ordinance, flavored tobacco are products that are   uh that leave it characterizing flavor and include  any product or tobacco flavor enhancer that is   not listed on the state tobacco unflavored list  established and maintained by the state attorney   general's office pursuant to California health  and safety code 104 559.1 which may be updated   from time to time. And what you're seeing are  uh flavored uh blunt wraps, mint, pink lemonade,   and honey mango. Next slide. This slide you'll  see a variety of different um flavored vapes and   ecigarettes. Um too many account, too many  a name specifically, but this is in a store   um in December. So uh next slide. Thank you.  unstamped and out of state tobacco um products  

are violations of the state tobac of excuse me  of the state's uh tax law and the RMC. Uh this   violation bypasses CDTFA which is the California  Department of Tax and fee administration. Um each   state has an excise tax for tobacco which  is per pack. California's t tax stamp is   $287 per pack. Okay. States that we commonly find  in these tobacco locations are uh Virginia which   are 60 cents a pack, Georgia which are 37 cents a  pack and Missouri which are 7 cents a pack. So the   difference in price savings are huge for operators  you know doing this illegal activity and selling   of single cigarettes. The RMC requires all um  tobacco to be sold as packaged by the manufacturer   and not in singles. Next slide. Nitrous oxide  or NO2 um is a colorless gas commonly used for   medical or dental anesthesia anesthesia laughing  gas. Um nitrous oxide or the street name whippetss   um are commonly found in tobacco retail locations.  Whippets are typically inhaled using a flavored   mouthpiece um provides a short and euphoric high  is extremely addictive and extremely harmful to   the body. Um, and size whippids can be from  handheld to backpack size. Um, next slide. Is an opioid product that's originally from  Southeast Asia. Uh, is regulated by the FDA   and is illegal for human consumption. It has 13  times the potency of morphine and opioid type   effects to the body. Again, is highly addictive  and is a significant public health hazard.   It does not have any legal restrictions such  as age and is now being found in pills, drinks,   and powders and again contain no warning label  for minors or adults. Um pictured to the left,  

mushrooms or psil pilocybin uh street name  magic mushrooms um are naturally occurring   psychedelic fungi fungi. The active compounds  bind to serotonin receptors in the brain which   affect the body specifically changing the mood  perception and cognition. Um cannabis to your   left as you see it are u have been sold in tobacco  retail location but they're not allowed to be sold   in tobacco retail locations and cannabis retailers  cannot sell uh tobacco. There both these regulated   products tobacco and cannabis are kept separate  per state law and cannabis is regulated by the   department of cannabis control and is permitted  separately um under the commercial cannabis men's   book RMC. Many of the products that you've seen um  have been found using illegal or hidden excuse me   not ille hidden um rooms or drawers. These spaces  are often use magnetic locks or drawers with false   bottoms. Um, and when found, they often have  a large amount of illegal uh products that are   found. So, and with that, I'll pass it to Myra.  Good evening, Mayor Martinez, council members,   and city staff. My name is Myer Lopez. I'm the  tobacco prevention program manager and have   been overseeing the program for the past four  years. I'll be sharing the public health impact   of tobacco and information on the partnership  between the county health department and the code   enforcement team. Next slide, please. According  to the 2024 CDC surgeon general report, commercial   tobacco use and exposure to secondhand smoke  are the leading preventable cause of disease,   disability, and death in the United States. There  has been progress made in reducing tobacco use in   the United States over the past 60 years and the  city of Richmond has been consistently at the  

forefront of that progress by implementing public  health policies. However, despite the progress,   disparities persist, disproportionately impacting  some communities more than others. Next slide.   Every year, the California Department of Public  Health conducts two statewide surveys at stores   that are accessible to youth. For example,  stores that do not require membership,   stores that do not enforce a 21 and over age  restriction at the door. One of the surveys   is the Sinar tobacco purchase survey. For 2025,  CDPH found that there is about a 14% retailer   violation rate in California with tobacco and  vape shops having the highest violation of all   the store types at 28.5%. This graph gives us  a good snapshot of what is happening at the   state level as it is regionally stratified  to be representative. Next slide. The stake   act is a California law aimed at preventing the  state the sale of tobacco products under the age   of 21 through undercover decoy operations to  test retailer compliance. From 2022 to 2025,   inspection checks were conducted at retailers  that have a state license and found violations   at several tobacco retail establishments. In  2025, the violation rate was a little over   15% with two sales out of 13 checks conducted.  In comparison to other cities in Contraosta,   Elsa Bronte also had about a 15% sales rate  violation. City of San Pablo, Pittsburgh,   Arendas, Oakley, Brentwood, and Elserto had a 0%  violation rate. Moraga, Antioch, Hercules had one   sale violation rate which was between 5% to 50%  depending on the on the number of total checks   conducted. Richmond ranked the third highest for  violations to sales to minors. The data does not  

represent all tobacco retailers in Richmond as  the state chooses the stores randomly, but it is   indicative of what is happening here in the city.  What we do know is that youth are able to purchase   tobacco in Richmond. Next slide. We coordinate  the Contracasta Regional Tobacco Task Force workg   group with code and law enforcement agencies  throughout the county where we host quarterly   meetings and provide bimonthly trainings to these  uh various groups. The Richmond code enforcement   team is an active member and has participated at  every meeting and training since um we started for   the past couple of years. We share retailer  education resources and provide up-to-date   information on all federal state tobacco laws,  any changes that come down, as well as updates   to local tobacco laws by other jurisdictions in  Contraosta County. Every retailer holds primary   responsibility for ensuring they are following  all local and state laws. Retailing tobacco is   a privilege afforded to those that abide by  these laws. In Contraosta County, retailers   have expressed support for the enforcement of the  tobacco laws as as it ensures all retailers have   an equal playing field and bad actors are held  accountable. As the retail landscape evolves,   we will continue our partnership with city staff  to share current and up-to-date information and   um the proposed ordinance presented to  you tonight includes key elements that   further strengthen the youth protections.  Thank you. And I'll pass it back to Avery. Thank you very much. Um, as we continue on  here, we're just going to talk a little bit   about the community engagement that the city  uh conducted. So this work began in February   of last year where we had retained um good  city which is a consultant firm to help us   through the process of potentially coming up with  a land use entitlement requirement for and around   uh tobacco retail use which we ended up then  shifting away from from a process of being  

effectively too much red tape. Um we have met with  neighborhood councils and coordinating councils on   March 10th and I provided a presentation of the  work that we had been um provided at that public   workshop. We've had a number of stakeholder  meetings, community meetings in late April and   um most importantly two different times touch  points with the city council primarily around   the extension of the moratorum for the  tobacco retail but also as an opportunity   to sit and discuss um the information  and the things that we had found so far. So kind of some important you know components of  the proposed amendments that I want to talk about   today. So these amendments really strengthen our  ability to, you know, maintain fairness um but   also clarity for retailers and understanding the  um the roles and responsibilities that they have   within their stores within the city of Richmond.  So primarily again we are continuing to preserve   um the youth protection location  buffer so 1,000 ft from schools,   parks and libraries and the 500 ft buffer between  retailers to prevent clustering and reduce youth   exposure. The ordinance establishes a 50 licensed  citywide cap to avoid overconentrating and to   promote equitable distribution throughout the  city. It expands prohibited products to align   with state law and requires clerks to be at least  21 years of age. It clarifies operating standards   and inspection procedures uh to ex um to ensure  clear expectations for both our code enforcement   officers and for our operators. We've established  in this proposal um for new retailers um that no   more than 20% of the display area may be used for  tobacco products. In the event that an ownership   was to stop selling tobacco and a new owner was  to come in, that new owner would then be required  

to adhere to that 20% maximum rule um around the  display area. I will also note that tobacco retail   license are non-transferable between parties.  Um, finally, these amendments really focus   on strengthening enforcement tools, including u  nuisance abatement remedies, creating a balanced   um approach to how we administer the program  citywide and education focused um accountability   framework that we will we'll talk about later  in this presentation. Again, this package builds   on protecting public health while supporting  lawful businesses within the city of Richmond.   Just for a little bit of context, um this  table compares Richmond's proposed approach   with neighboring jurisdictions. And at full  buildout, Richmond's proposed cap would result   in approximately one tobacco retailer for every  2,250 residents. This is more restrictive than San   Francisco, San Jose, and Berkeley, and comparable  or slightly more restrictive than other cities   um that use a population-based approach.  The proposed cap strikes a balance between   limiting overconentration while allowing  compliant businesses to continue to operate. Um, a little bit about the updated application  requirements. Some key components will be full   ownership and business disclosure forms that  will be required to be submitted to the planning   department upon um, application acknowledgement  and compliance with all tobacco laws assetation   form that will be counter signed. proof ofstate  license from CDTFA. Um and then additional   requirements um counter signing operational  compliance within our permitting system that then   becomes a printed document that they take with  them that's required to be posted in the store. A little bit about the application process. It is  quite simple. It is three steps. The first is an   application through CDTFA which the California  Department of Tax and Fee Administration.   There's two different um license. One is for  tobacco retail license and then one is for a  

general retail sales license. It requires two.  Second, you apply for a tobacco retail license   with the city of Richmond in addition to a tax  business license with our finance department.   And then annually you review, you renew and  comply with continued operational standards.   All of this is done within our new IMS permitting  system and allows us the ability to not only send   out email notifications to any and all, you know,  operators who are are selling tobacco. It ensures   that during the renewal period, which will be  in October through December 31st of this year,   that we'll be able to send out automatic reminders  at the 90, 60, and 30-day increments to remind   um applicants that the renewal window is open  and that they can simply return for their portal   where they previously set up their application.  Click renew. They validate the information that   we previously had, that nothing has changed.  Code enforcement is then given an automatic um   notification to go conduct an inspection. And once  completed, if passed, planning finalizes and then   uh the renewal is processed and issued. A little  bit about current numbers. Um so as of today,   as of like 5:00 today, because we were just,  you know, things were rapidly still changing,   we had based on 2025 calendar year and 2024  calendar year, 38 eligible retailers in the   city of Richmond. Of that, 37 had submitted  renewal applications to the planning department.   The council also took action during um a previous  meeting regarding the moratorum to create the   pathway to compliance where 18 additional vendors  were authorized to proceed. Of those 16 retailers   um that were licensed through that pathway to  compliance submitted applications, two did not   apply. We have reached out to those two um and  have yet to hear back from them regarding uh   the status of their application. In prior years,  calendar year 2024, um, and then calendar year   2025, during the span of the moratorum, 21 of  the original 32 applied for renewal. 11 simply  

did not. Of note, two retailers that were um  a part of the prior year lensure were issued   ceased and desist letters and deemed ineligible  for renewal during the calendar year 2026.   As of today, we have issued 20 of the 37 um  licenses to um operators within the city of   Richmond. Seven of them are pending payment from  applicants. Um 10 are pending review. Of the 10   that are pending review, nine of those operators  upon inspection have been found to have notices   of violation where they've been most likely in in  most cases um selling flavored tobacco products,   which would be a direct violation of the ordinance  and state law. And so as code enforcement   continues to work with them to remedy those  notices of violation, um they would then become   eligible for the renewal once they have cured the  violation and then removed any of the products or   any of the components of their store that they're  not allowed to have. In addition to that, five of   those operators have also been issued citations,  meaning they've been fined as they've continued to   not operate in good faith and abide by the city's  existing rules and state laws. So from an outset   um if we were in the future to you know still see  the 12 total remaining that are potentially to be   approved um two being pathway compliance operators  and 10 being priory year operators. Um we would   see a total of 49 licensed operators in the city  of Richmond. Again the 12 that I'm referring to   have not submitted applications. We have reached  out to all 12 of them. Some of them indicating   that they're not going to continue operating. Some  of them indicating that they think they submitted   applications and we're working to verify with  them the documents they provided to the city. And   here's a little bit of the current numbers broken  down by district. You've got district on the lefth   hand side, total on the right. Um, currently uh  council uh district 3 holds the largest at 14 um  

with a spread of 13 to 10. Again, we see that this  is based on applied, those that have not applied   within those district applications that have  been issued and the number of pending payments   um for applications in our queue. I will now  turn it over to Eva Man of code enforcement   uh to continue the presentation. Thank you. I  will speak to the enforcement efforts. There are   multiple components that comprise enforcement.  Regular tobacco inspections are conducted to   enforce both city and state regulations.  Other components, administrative fines and   nuisance abatement procedures. Along with that are  administrative appeals that provide an opportunity   to appeal proposed violations and fines. With this  ordinance update, enforcement will be stronger and   clearer. Violations declared public nuisance.  City can abate operations, tiered penalties,   citations, suspensions, revocation. Fines for  flavored tobacco. Violations escalate from 500   to 5,000. Due process is protected and appeals are  built in. Next slide, please. Key key enforcement   takeaways. State alignment. Enforcement tools  for flavored tobacco sales and confiscation   procedures comply directly with state state law  requirements. Enforcement tools and confiscation   procedures for flavored tobacco sales are designed  to strictly adhere to California law requirements.   Ensuring state law alignment supports uniform  practice across jurisdictions, reducing  

confusion for both retailers and enforcement  officers. State level compliance strengthens   the legal foundation for enforcement actions and  upholds public health priorities, particularly   protecting youth from flavored tobacco products.  streamline process. A standardized inspection and   citation framework gives code enforcement  consistent practical tools to act quickly. A streamlined standardized inspection and  citation process ensures code enforcement   officers have clear guidelines and procedures  to follow. Consistency across inspections lead   to fair treatment of all retailers and eliminates  ambiguity and enforcement actions. Quick response   capability help address violations efficiently,  protecting public health and supporting the   goals of flavored tobacco sales ban. Clear tiered  penalties. Violations carry graduated consequences   from citations to suspension to revocation  matched to the severity and frequency. Initial   violations may lead to citations serving as formal  warnings and documentation of non-compliance.   Repeated or more serious offenses can escalate to  temporary suspension of sales privileges directly   impacting the business ability to operate. This is  a graduated system. This graduated system promotes   compliance and accountability. Protected due  process. All retailers receive notice, hearing  

rights, and appeal procedures, ensuring fair and  transparent enforcement. Protected due process   guarantees that every retailer is treated fairly  and equitably within the enforcement system.   Retailers are given formal notice of  any alleged violations so they can   fully inform so they are fully informed  and have time to correct the violations.   Hearing rights allow retailers to present  their case, provide evidence and clarify   any misunderstandings before penalties are  imposed. I will now turn it over to Lena.   I'll come back to you. All right. Thank you. Um,  so once a uh tobacco retail license is applied   for and approved by the planning department,  the code enforcement inspection, as Avery said,   code enforcement unit, excuse me, um, receives the  um, notice. So during the tobacco inspection um I   provide the retailers the documents to your right  that you see listed there the flavor tobacco guide   which again outlines the types of uh products that  are not allowed. the WEID badge, the stake act   um sticker, and the tobacco retail booklet, which  again has plenty of of laws and information in   there about the retail um business um lawful  retail operations. Um conduct the inspection,   go through, look through the business front and  back to locate um check the tobacco products and   um again look for the state stamp, so on so forth.  The commonly found violations are again flavored   tobacco, the vapes, the blunts, the flavored  um those items, unstamped tobacco, out of state  

um marijuana, cannabis or excuse me, selling  single cigarettes, uh cannabis and mushrooms.   Next slide. So, existing and new tobacco retailers  will be subject to the new requirements in this   proposed ordinance. Prohibited items now include  again flavored tobacco, cannabis products, self-s   served displays, minimum size um requirements,  drug prefinary and hazardous substances like   nitrous oxide um or whippets, flavor enhancements,  ecigarettes and this reflects both state   uh recommendations and the types of products  that our inspectors continue to find locally. All right. Sure. In addition to the administrative  licensing framework before you tonight, the police   department and our tap tobacco retail uh task  force will actively support enforcement where   violations rise to the level of criminal conduct.  Under California's flavored tobacco prohibition,   law enforcement now has clear authority to  confiscate unlawful tobacco uh tobacco products   and pursue enforcement actions when appropriate.  We are conducting close uh we're coordinating   closely with code enforcement, city attorney's  office to ensure uh violations are properly   documented, uh products are seized when necessary  and cases are referred for prosecution. This   unified approach strengthens compliance, protects  youth, and supports the intent of this ordinance. So again, the proposed ordinance declares  violations of uh tobacco retailer as a public   nuisance. This designation is significant. This  designation significantly increases the city's   enforcement authority as nuisances each day as  a nuisance can be continued each day there's a  

violation uh and the city may pursue uh multiple  enforcement tools simultaneously. Next slide.   We provided an overview of possible violations  that a tobacco retailer could have and the   penalties they may face. Under the proposed  ordinance operating without a tobacco retail   license, you may receive a administrative  citation or other escalating sanctions.   A retailer selling to minors or failing to  verify age may receive a criminal citation,   license suspension, or license revocation.  A retailer operating a self-s served tobacco   display may receive an administrative citation.  Underage employees conducting tobacco sales may   receive an administrative citation. Um criminal  criminal citation, administrative citation,   license suspension or license revocation. the  sale of any illegal drugs, cannabis, mushrooms,   or all the hazardous substances we talked about,  including nitrous oxide, can be issued uh the   retailer may be issued a criminal citation,  administrative citation, license suspension,   and license revocation. Um, and again, failing to  allow enforcement um into the stores to inspect   can result in a notice violation, loss of  license, or other escalating sanctions. Retailers may not sell flavored tobacco or tobacco   flavor enhancers. California  Health and Safety Code 104559.5 F1 allows for enhanced violation amounts.  Having access to an enhanced fine structure   uh will greater deter to will greater prevent  the sale of flavored tobacco. The heightened   administrative fees start at 500 and go up to  $5,000 per violation. The administrative citations   are only one tool. The ordinance as proposed  provides other enforcement tools including license  

suspension, revocation, confiscation of illegal  tobacco products, um the use of administrative   warrant processes, summary abatement if  necessary. And with that, I'll pass it to Lena. So I think what we synergistic policies I think  tonight we continued to hear that there is a   public health need for additional enforcement  of tobacco retailers within the city. And so   within the general plan the city has adopted  a community health and wellness element which   includes policy HW6.4 four, which encourages  existing businesses and industries to become   environmentally progressive and continue to make  positive contributions to the community. So,   we think by including these prohibited products,  we're further encouraging existing businesses to   support community health and wellness. Um, in  addition, the city has adopted strong policies   around secondhand smoke in parks, public  places, multif family housing, and we believe   that continuing to craft policies that reduce  access to tobacco um, including flavored tobacco   will help um, further support these efforts to  reduce heck enhanced smoke throughout the city. So in terms of next steps um the moratorum is set  to expire in April. Um so if the ordinances is   introduced this evening second reading would occur  March 3rd and the new ordinance would go into   effect April 3rd in advance of the expiration of  the moratorum. Following adoption of an ordinance,   um staff will mail memos and flyers to all  licensed retailers, including those that are   in violation of the new adopted regulations. Um  but we would also notify those at our license  

that they also have to comply with additional  provisions adopted this evening if or adopted   in the ordinance. Um we will also be updating the  application uh as well as the processes on our   city web page. Um we will be doing educational  workshops and outreach in multiple languages.   Um and establish office hours to answer retailer  questions. Um and we will continue enforcement of   unlicensed retailers um as we can according to the  rules that are currently adopted and then if new   tools are given um we will use those as well. Um  so again the recommended action this evening is to   hold the public hearing and introduce the f which  is the first reading of the amended ordinance   um and repealing Richmond Municipal Code Chapter  7.107. Um and staff is available to answer any   questions the council might have. Okay. At at  this point thank you for the report. Uh but it's   now time to open public hearing. So the public  hearing is now open. Call of speakers. Okay,   we have 10 inerson speakers. If there's anyone  joining us online that would like to address a   council under this public hearing, please raise  your hand at this time. And the public is hearing   is for tobacco retail retailer license  amendments. The 11 speakers are Arlene   Eileene Paw, Rihanna Aila, Natalie Vasquez,  Hannah Cabrad, Bentio, Cynthia LeBlanc,   Raymond Chimensy, Nabila Oliver, Oscar Garcia,  Rosio Martinez, and Claudia Citroen. Alen, the speakers that are called,  

will you please come forward? Line up  behind the speakers podium. Thank you. Turn the mic on, please. There you go. Hi,  my name is Eileen. I'm a student at art at   Richmond High School. I'm part of the public  health academy honors class. I live and learn   in the city of Richmond. I'm speaking today  for the youth in our community. In Richmond,   there are 87 tobacco retailers, but only 33 are  licensed. This means most are not meeting zoning   requirements. That puts young people at risk by  increasing the rates of businesses selling tobacco   to minors. This issue directly affects students  like me. When tobacco is easily accessible,   especially flavor products, it leads  to an increase in youth curiosity,   addiction, and long-term health problems.  In fact, young people want to change. Over   70% of high schoolers support ending sales of  flavored tobacco, and 67% believe the sale of   tobacco products should end. Youth are asking  for better protection and shorter regulations.   I urge council to adopt a clear enforcement  of the tobacco retail license. This will   protect youth and prioritize the health  of our community. Thank you for your time. Briana Aila. Good afternoon. My name is Brianna Aila  and a student in Richmond High School and   here representing the Richmond High School Health  Academy Honors Class. My concern for my community   is the amount of tobacco product retailers in  the city of Richmond. As of today, there are 87   retailers in this city and only 33 are unlicensed  are l officially licensed to be able to sell. That   means that the other 54 are illegally selling  tobacco products. My problem is the lack of  

control over these retailers and the increased  amount of usage of ecigarettes among the youth.   Ecigarettes have been known to be very harmful  not only to society but also for our environment.   Vapes cause a lot of plastic pollution and even  carry heavy toxic metals such as lead and chromium   that is known to cause respir respiratory issues  and even cancer. Not only does this affect the   younger generations but also adults and even the  elderly. As a student in Richmond High School,   I have had numerous experiences where I had  to wait to use the bathroom because the stalls   were occupied with students who solely used the  bathroom to secretly vape. Because of this, I   had to miss a lot of my class time waiting to use  the bathroom. I've heard from many other students   who went through the same situation as me and  have complained on why this keeps on happening.   I urge for you guys as city council to make a  change for our younger generations to create a   more stronger policy over the tobacco resell  policy over the tobacco resell policy and   protect the health of the future generations  to come. I wish for you guys to take control   over the alliances retailers in our area  and further implement safer protocols to   keep myself and my community safe to thrive  and flourish. Thank you. Natalia Vasquez. Okay. Hello. Good evening, Mayor Martinez and  council members. My name is Natalia Vasquez.   I'm a student at Richmond High School. I'm  in the public health academy honors class.   I'm here to speak upon vaping among high school  students. This issue matters to me because I've   seen many students on my school vape and struggle  to stop. What starts as a curiosity quickly turns   into a dependence. Throughout the data collected  for my research proposal, I have found that many   students starts vaping due to their environment  sparking interest. Many students don't know   how much harm they are causing themselves. We  are asking for preventative measures. We need  

enforced policies that reduce access especially  to flavor products that target the youth.   One of our most concerning findings was how  students are getting vape vaping products. We   asked how they got their last vaping product. Most  students answered through quote unquote a plug,   meaning someone who supplies the products for  them. This is alarming because it shows how easily   minors are accessing nicotine. We also found that  vaping is strongly influenced by social norms.   Most students who took our survey say they do not  vape themselves, but they have many friends who   do. This shows that vaping spreads through pure  influence, not just individual choice. Another   major finding was that 20.3% of Richmond High  School students reported started vaping because   of boredom. That statistic is important. It  tells us it's not just a nicotine issue. It's   also about engagement and prevention. US students  lack structure activities at schools. This leads   to students to experiment with experiment with  harmful habit habits. Nicotine use at a young   age affects students ability to focus and affects  their brain development. If we want to address   address youth vaping, we need stronger prevention  efforts, enforcement of access restrictions,   and more supportive alternatives for students. Our  research shows this is not an isolated issue. It's   a community issue. Thank you for your time  in prioritiz prioritizing student health. Hannah Cabrador. Hello everyone. Good evening, Mayor Martinez and  council members. My name is Hannah Krador and I am   a student at Richmond High and we are representing  Richmond High School Public Healthmy's honors   class. Tonight I want to address the problem about  vapes. Part of our curriculum is to determine how  

vaping affects students and how often students at  Richmond High School uses vape. And our data shows   that out of 100 students at Richmond High, which  is 17.5% of students uses vape. We also observed   how teenagers can easily get vape products, which  shows how stores are easy on the tobacco policy.   The issue matters to me because the  amount of stores selling vapes and   flavors are incre are increasing yearbyear  and this affects many teenagers. Vaping has   been normalized. Before vaping existed, the  use of cigarettes and tobacco products was   already high. Vaping products only encouraged  people, specifically teenagers. As a teenager,   it is heartbreaking to see other youths at my  age get addicted to nicotine. This this data   I have provided shows how important it is to  strengthen Richmond's tobacco retail license.   Richmond deserves a safe community. I urge the  council to implement a strong enforcements on   TRL for people's safety and for the youth's  future. Thank you for your time. Bentio Pentario, president of the Richmond  Police Officers Association. Uh years ago,   uh the police department used to handle  enforcement of this activity and we handled   it with zero tolerance. And the fact that there  are illegal uh retailers of this out and about   um it just shouldn't happen. Smoking is horrible.  There are e the economic things that come from it,   the health things that come from it, um and  the environmental things that come from it.   Um and the fact that people are allowed to sell  to kids in the city and that is even a thing is   outrageous. We need a stronger ordinance that  affects the public safety of our youth and that  

needs to be enacted and it also needs to be  backed up and actually enforced. Part of the   problem is always enforcement. things get passed,  things get done, but if there's no enforcement,   it doesn't matter. And so, it actually has to  be something with some real teeth and something   that actually gets done instead of, hey, we did  something nice, but there's really no no effect.   We have our cause, but no effect back it up. So,  I hope you pass uh something with some teeth,   something that actually gets something done. Um  because there's really no reason to let retailers,   you know, illegally sell smoking products to  kids and the fact that we're also, you know,   clearly missing out on some retailer money on  paying for city bills and whatnot was also a   problem. People need to be brought into the fold  and if they want to be brought into the fold,   then they need to go and we need to do  that. This city is unfortunately just   known for not really taking enforcement action  and doing stuff when people are out of pocket,   not paying things that they're supposed to pay,  licenses and such. It's ridiculous. It's not how   a normal city acts and we have to do a better  job and this is for a really damn good reason.   So I hope you pass something with teeth, something  that actually works. Thank you, Cynthia LeBlanc. Good evening, mayor and uh city council members  and city manager. My name is Cynthia Leblanc.   I am a resident of Richmond. I live in Marina  Bay. I'm a longtime volunteer with the American   Cancer Society Cancer Action Network, which  is a nonpartisan nonprofit advocacy affiliate   of the American Cancer Society, where I've  been a volunteer really for 39 years. I'm   also a retired 36-year public school educator.  Uh, while I really do appreciate you updating  

the tobacco retail license policy and the staff  report, there is a question that I have, however,   whether or not there's this best practice included  in your policy. Specifically, there should be no   exemption for hookah or shisha or lease or loose  leaf tobacco or roll on your own. So, I don't   know if that's included in this policy, but it  should be because it's considered a best practice.   And since it's uh Black History Month, I also  want to remind you that for African-Americans,   smoking increase our risk of getting cancer, heart  attacks or stroke, and developing diabetes. Also,   African-Americans use of tobacco is  at a higher rate than other Americans.   So we are really concerned about tobacco  tobacco use in all of its forms. And so I   ask you to look to see if you are including this  best practice of no exemptions for hookah loose   leaf tobacco or shisha. Thank you so much. Raymond  Chimesey. You'll be followed by Nabila Oliver. Good evening uh mayor and council members. My name  is Raymond Chime. I'm a resident of Richmond and I   work in Richmond. I am a public health educator  and I'm also an educator in the public school   system. Um my concern for coming here today  is about the danger of increasing the number   of tobacco retail licenses in Richmond. When we  increase that number, what does it mean? It means  

increasing access to tobacco use. Number one,  people going to be using it more. Young children   who are just growing are going to be having access  to that. And we know from science and research   that young people's brain are still undeveloped  until the age of 25. So when you begin to expose   young people to tobacco, what happens? Tobacco has  addiction. It has nicotine called um brain poison.   So these children are affected emotionally. They  affected cognitively. They become restless. they   can't concentrate when they come to school. Many  times I have seen kids even though they're not   smoking because their parents can easily access  um tobacco products when they go to school their   uniforms smell of only smoke. So from the smoke  of the parent or family member in the night they   continue to inhale it every day. Secondhand smoke  is equally a problem that affects young people.   So my main concern is about the health of young  people. If we look at Richmond the schools that   our kids are not performing well. So we are not  going to expose them to more danger that will   made them not produce not to be uh spend more  time concentrating in their education. Tobacco   is no food. It has no nutritional value. So the  more you increase tobacco retail outlets the more   it going to cost to enforce uh tobacco um codes  and um laws. So it is better to reduce the number   of tobacco outlets so that enforcement is going to  be very very easy for us to do. And again, anybody   who wants to get a tobacco license in Richmond,  they should be made to undergo tobacco awareness   education. And during summers, young people should  be given tobacco awareness education because if  

they know the dangers of tobacco, they're going  to avoid using tobacco. But without education and   that awareness, they are easily lured into taking  tobacco, getting poisoned, and becoming sick.   So I'm going to urge you to take the courage  to reduce the number of tobacco outlets that   is being given or you want to give enrichment  here and impose strong penalties to people   uh who violate tobacco um retail laws. Your  time is expired. Thank you. Nabila Oliver. Um, good evening, mayor and council members.  My name is Nibila. I'm speaking on behalf of   the alcohol marijuana prescription drug coalition  and strong support for strengthening uh Richmond   tobacco retail license ordinance. Tobacco use  remains the leading cause of pre preventable death   in the United States. responsible for more than  480,000 deaths each year and cost the nation over   300 billion annually in healthcare expensive  and loss productivity. According to the CDC,   decades of evidence shows that tobacco industries  have disproportionately marketed menthol and   other flavored uh products to black communities,  contributing to significant health inequities.   Uh retail density is also higher in lowincome uh  neighborhoods and communities of color. Further   research shows that greater tobacco retail density  and close proximity to schools are associated with   increased youth tobacco use. Flavored products are  especially appealing to youth and are key drivers   of initiation. aligning with state flavored  restrictions. Uh capping retail density,   establishing buffer zones near schools,  strengthening licensing requirements,   and enforcing against sales to minors  and unlicensed retailers are evidence  

uh based strategies to reduce youth  access and advanced health equities.   Um, I hope you guys really take into account all  these young people who came out today and are   missing homework time and or everything else that  they could be doing to come and make sure that   their voices are heard and that you hear what they  want. They're uh coming across with that tobacco   retail is a problem in this city. They're missing  class time. They can't use the bathrooms because   of the vaping and tobacco. So, please, if nothing  else, hear their voices. Thank you. Oscar Garcia. Hi, good evening. Uh, my name is Oscar Garcia.  I'm a lifelong resident of Richmond and on behalf   of the uh 23rd Street Merchants Association, I  would like to show strong support for the new   tobacco retailer uh retailer ordinance. Several  merchants were here earlier, but they had to leave   to go back and to run their businesses. Uh, as a  reminder, uh, the 23rd Street merchants have been   pushing the city to adequately regulate smoke  shops for over 3 years now. The time for action   is now. On October 20, October 6, uh, 2023,  there was a shooting with two fatalities at a   smoke shop on 23rd Street. Let's not forget that.  Uh, and since the RPD lost the regulatory unit,   city staff reported there were now 83 smoke shops  and 52 are unpermitted. Most are in the flatlands,   especially the Iron Triangle and along 23rd  Street. This means our black and brown youth   are most impacted by the lack of enforcement.  Questions around enforcement uh linger as you   heard from several speakers. What are the plans  to enforce this new ordinance? Nothing will change  

if there is not adequate enforcement. I heard  nothing about staffing changes to ensure adequate   enforcement, and that's something that needs to be  clearly defined. Also, what are the plans to close   existing illegal smoke shops? For example, the one  that had the double homicide. I heard a lot about   fair enforcement, but what about protecting the  youth that you heard from today? They they also   matter. Do we need more people to die in order  for the city to take action? All right. Thank you, Rosia Martio Martinez. And our last  inerson speaker will be Claudia Citroron. Good evening, Mayor City Council. Speaking of  speaking, my name is Rosio Martinez. um with   the 23rd Street Merchants Association  as well as a Richmond resident. Um I   am here in support of the uh tobacco  retail ordinance. Um as a 23rd Street   um merchant uh we have seen several crime  increasing because of the um smoke shops,   but also I'm worried as a mother. I have a  eight-year-old and a three-year-old that know that   um there's vapes that have small um smell  and flavor. My three-year-old once said,   "Look, mommy, this smells like watermelon.  I like watermelon." So, it fears me to know   that my three-year-old knows. And um I want to  prevent that because I don't want her to um as   she gets older have um that uh ability to uh have  access to those things. Thank you, Claudia Citro. Three minutes, huh? So, I want to get it real.  I live around the corner of 24th Street, one  

block away from 23rd, and several smoke shops. The  prostitutes on 24th at night prefer to sell drugs,   prefer to sell stuff which is under the counter  which the stores can't sell for a cut. Last night   we had 600 cars per hours. I counted them from 7  to 11. Second story, that shooting that happened   on 23rd Street uh a few years ago, which Oscar  referred to, we had to shut down a neighborhood   block party because the guys drove by in a car  with the uh with their uh AK-15s saying, "We're   going to shoot someone." Now, third, we have teens  on our block. They regularly to uh uh ask an adult   to get them vapes from the smoke shops on 23rd  Street. It didn't happen once. It happened several   times. And once I heard them, they had money  because mom allowed them to um uh uh play online   poker and then um and also sell photos of their  bodies. So they had monies for the drugs because   the guy who was supporting them uh selling meth  um also to the smoke shops got arrested. Um there   was no mention on um how you're going to manage  these kind of things. There was no mention how   you're going to handle the um uh the storefront  for cartels. I heard it. It is true. I attended   a an annual party at the the the Thai temple,  Vietnamese temple. And they were laughing. There   was a whole cartel crew there. They were laughing.  They said, "Sid, the Richmond is amazing. We we  

just opened a few more shops and we use it to  um transport big loads of uh drugs from here to   there. Um it's amazing. Um the enforcement should  be stronger. uh you need to include the whole 24th   Street uh corridor. I'm not allowed to speak  on it, but it is connected. Please um hire more   people. The it smoke shops know how to circumvent  it. They know how to sell their stuff, not in the   stores. I was shocked when I heard the girls say  it's cheaper to sell it's it's cheap. They make   more money when they sell drugs than giving a  guy a [ __ ] Let it sink in. I yield my time. That was our last inerson speaker. Now  we'll move to the online speakers. We   have Can I make a quick five online  speakers? Can I make a quick comment? Yes. What? I just wanted to say that  unfortunately I have to leave to catch   a flight but I wanted to express my support  and um sorry that I can't hear the rest but I   will be listening online. Okay. Thank you.  Back online speakers. We have five online   speakers. The speakers are Brian Lamb, Carlo  Shihadi, Amaya Wooding, Ble Young, and Maya   Richmond. You will each have three minutes to  address the council. Brian Lamb, you may begin. Good evening, council members. Uh I I do  apologize again for the earlier two uh   inappropriately spoken times, but a third time's  a charm, I suppose. Uh but my name is Brian Lamb,   and I am a policy and engagement analyst with  the California Field and Convenience Alliance.   Essentially, we're a statewide trade association  that represents a majority of California's gas  

station and convenience store operators and over  95% of which are small mom and pop establishments.   And first and foremost, I appreciate the  opportunity to speak and to be able to   express our concerns about the proposed tobacco  retail license ordinance that would significantly   impact small businesses in Richmond. Now, the  proposed ordinance threatens the livelihood of   local gas station and convenience store owners who  have invested substantially in the community at   large and also invested their blood, sweat, and  tears into their businesses. Businesses where,   despite tobacco sales not being a primary source  of revenue, still represent a significant portion   of income and help keep their doors open. The  proposed distancing requirements would effectively   bar a significant portion of the city from selling  tobacco. And the proposed restrictions will not   only force consumers to neighboring jurisdictions,  taking valuable sales and tax revenue with them,   but disproportionately harm small family-owned  businesses regardless of their compliance   history. Now, compliant retailers, unlike their  counterparts on the market, are already following   the city's tobacco retail license ordinance, and  passing a ban on tobacco sales would only serve to   harm small mom and pop retailers and make it hard  for them to stay afloat as is. On top of that,   a vast majority of the industry is familyowned and  operated and rely on the valuation of their stores   to fund their retirement, unlike workers with a  traditional 401k. That paired with the ordinances   prohibition of license transferability makes  the small business owners, you know, it makes   them suffer the brunt of the consequences despite  the city's well intentions. And additionally, as   you've heard tonight, uh a sub substantial portion  of tobacco sales already occur outside a regulated   retail environment. So the proposed ordinance  could exacerbate the very issue that the city  

is trying to tackle. Excessive restrictions on  licensed retailers do nothing to eliminate demand.   They simply redirect it. And as I previously  mentioned, consumers displaced from legal points   of sale, often turned to neighboring jurisdictions  or even worse, to unlicensed tobacco markets.   Products on the illicit market are untacked,  unregulated, and sold without the safeguards   in placed as a licensed retailer. We are in  support of the city's intention to enforce   Richmond's pre-existing TRL, and we respectfully  request that the council work collaboratively   with the local retail business base to find  a sustainable and equitable solution moving   forward. Thank you for your time. Thank you. The  next speaker is Carlos Shahadi. You may begin. Uh, can you hear me? Yes. Thank you. Uh, good  evening, mayor and members of the city council.   Thank you for your time and for the opportunity  to speak tonight. My name is Carlos Shahedi.   I am part owner of Family Market here in  Richmond. In early 2025, I purchased this   market from a wonderful family who operated  it for 30 years. During the transfer process,   I was able to transfer every required  license except for the tobacco license.   The city planning department, who were  very helpful throughout the process,   informed me that a moratorum was in place and  that the tobacco license was non- transferable.   The prior owner legally held a tobacco license  at this location for 30 years through the end of   2024. This store has long operated as a fullervice  neighborhood market that includes tobacco sales.   I am therefore respectfully requesting the ability  to obtain ownership of the tobacco license that   has existed at this location for three decades. I  want to be clear about what Family Market is. We   are a true one-stop shop for the community. We  sell groceries, deli items, snacks, beverages,  

cleaning supplies, and other household essentials.  I invested an approximately $700,000 to purchase   this business. I invested an additional 150,000  in renovations, including new flooring, shelving,   counters to benefit the community members who  shop here. I made that investment in good faith   for the neighborhood. The problem is that when  customers come in and realize we do not carry   tobacco products, they leave. We lose the entire  sale, not just the tobacco purchase itself. This   has severely affected our revenue and put serious  financial pressure on our business. I understand   and respect the city's efforts to regulate tobacco  sales responsibly. I am not requesting a new   location nor an expansion. I am simply asking  to continue the same longstanding grandfathered   use of the tobacco license at this existing  business. If the city limits tobacco licenses,   I respectfully ask that family market be included  based on its 30-year history at this location. I   am committed to full compliance with all laws and  have experience have experience operating multiple   tobacco licenses. Thank you for your time. I  respectfully ask for your support in approving   the continuation of the existing tobacco license  at this location. I I just want to remind you guys   that we I am not a smoke shop. I don't sell vapes.  I don't have them. I don't have mushrooms. I don't   have marijuana. I don't have nitrous oxide. All  I carry is cigarettes and cigars. nothing more   and nothing less. Thank you for your time and  that's all I wanted to say. I appreciate every   single one of you. Thank you. The next speaker  Oh, u may I ask where this shop is located? 700. Yes. Yes. Yes. Sorry, it asked me to  unmute. Uh yes, mayor. The shop is located  

on 700 Pennsylvania Avenue in Richmond. Um,  it's called Family Market. Thank you. Thank   you very much for your help. Thank you. The next  speaker is Amaya Wooding. All right. Good evening,   council and city staff. My name is Amaya Wooding.  She her pronouns. I'm project director for LGBTQ   minus tobacco. Queer people smoke and vape  more because tobacco use is so normalized   in our communities despite also being um our  leading cause of preventable death. Basically,   we're stressed in a world that is not ready for  us. And the industry has duped many into believing   that the products which kill people when used  as intended are an effective way to cope. Um,   just for some local context around this issue,  um, the California Healthy Kids survey data for   West Contra Costa Unified found that last school  year, uh, 2425, 3% of straight juniors reported   currently vaping versus 13% of lesbian, gay, and  bisexual juniors. So, effectively addressing these   types of products is a matter of LGBTQ health  equity. Um, regarding the ordinance before you   tonight, um, one best practice that I do not see  in there is setting a base sales price for tobacco   in addition to a base pack size. The rationale  for this is that the tobacco industry has long   used low price as a way to target price sensitive  communities. Um, which is really a euphemism for   kids, people of color, and low-income people. Um,  the industry routinely spends between roughly 6   and 8 billion a year on pricing tactics. Um, and  not all of that is just coupons which are already   banned in the ordinance. And it often looks like  setting a low sticker price um in the store. So,   Concord and Brentwood, for example, require packs  of cigarettes, cigars, or cigaros to sell for at   least $10 um on top of packaging requirements.  And the strongest policy that we have in the Bay   Area um on this front is Marin County, which  has $12 base prices for cigarettes, cigars,   um smokeless tobacco, uh including the nicotine  pouches that are becoming more popular. um and   those prices increase automatically every other  year. There is so much research out there that   getting rid of cheap tobacco products inspires  quitting um as well as never starting and that's  

the goal here. So, thank you very much. Good  night. Thank you. The next speaker is Ble Young. Good evening, council. My name is Ble Young. I am  the region's senior lead for community government   relations for the American Heart Association. When  I learned that Richmond was considering updates to   your TRL, I was pleased to see compliance checks  included in your policy, but there are several   best practices missing from your current draft.  Richmond has long been a leader in tobacco control   policy, and I would hate to see the city fall  behind in best practices for T-Roll enforcement   or weaken your flavored tobacco restriction  in 2026. We respectfully ask for the following   policy amendments to align with the best practices  included in the public health law center model   and that's the free provided state model for this  policy that comes with free technical assistance.   We ask for the following. A statement that any  fines or monetary penalties apply to the owner   or lency. A statement such as any monetary penalty  shall apply to the lency is an easy inclusion in   your policy. The second is a clear statement that  enforcement applies to the license holder and not   individuals or youth who may purchase, use or  possess prohibited tobacco products. Third,   do not weaken your policy on flavored tobacco  products with exemptions. There is no preeemption   from the state policy and the restriction of all  flavored tobacco products is the best practice.   Four, a clearly defined escalating penalty  structure that includes suspensions with at   least 15 days on or before the third violation.  Again, this is from the public health laws model.   You can have 15 days on the first violation, 30 on  the second, 90 days on the third, and ultimately   leading to revocation on the fourth offense within  your look back period. Outlining your penalty   structure creates a transparent and fair process  for those who are signing on to the license.   We know that suspensions work and are far more  motivating than monetary fines. Please include  

defined suspension periods, so penalties are clear  to all involved. We know that a policy is only as   strong as its enforcement and flavored tobacco  restriction needs a strong TRL to be effective.   Strong trails include a fee that covers your full  cost of administering and compliance monitoring   um so that it's netneutral to the city. A minimum  number of compliance checks per year per retailer   with rechecks upon violation such as within 90  days. An escalating fine and penalty structure   that applies to the owner lency and a clear  statement that enforcement applies to the license   holder and not individuals. Updating Richmond's  policy to include 2026 best practices will help   protect our community from tobacco addiction and  is crucial in preventing tobacco-reated death   and disease. February is American Heart Month and  we respectfully ask you for your support of this   vital health policy in its strongest form. Thank  you. Thank you. Our next speaker is Maya Richmond. Good evening, mayor and council  members. I'm a Richmond resident.   from the northeast neighborhood. I support  updating the tobacco retail ordinance because   overconentration and youth access are serious  concerns and I appreciate that the city is taking   action. That being said, I don't believe the  enforcement provisions go far enough, especially   for the most serious violations. There is a clear  difference between an administrative mistake and   intentionally selling illegal products. You  don't accidentally stock illegal substances.   is you don't accidentally build a supply chain  that includes products banned under state law.   Those are conscious business decisions. So if a  re retailer sells to a minor or is found selling   illegal controlled substances, that should trigger  immediate suspension pending review. The fines   must be substantial enough to outweigh the profit.  A small fine is not a deterrent if it can simply  

be absorbed as a general cost of doing business.  I would also encourage the council to consider   reasonable limits on hours of operation. Late  night operations often correlate with new nuances,   activity, and reduced oversight. Setting standard  operating hours is another tool to support youth   protection and neighborhood safety. And I also  want to respectfully acknowledge something   important. Our city staff and especially  code enforcement are already stretched thin.   We should not be passing ordinances that depend  on constant policing to work. The rules themselves   must be strong enough that compliance becomes the  safer business decision. If the consequences are   minimal, bad actors will take the risk knowing  enforcement resources are limited. Again,   to repeat, stronger enforcement is needed and  will protect our kids, support re responsible   businesses, and reduce strain on city staff  by creating real deterrence. If we are serious   about public health and safety, the ordinance  must clearly spell out mandatory suspensions,   meaningful penalties, and operational standards  that prevent harm before it even happens. Simply   put, the consequences must outweigh the profits.  I thank you for your time. Thank you. And that was   our last public speaker. Thank you. With that, uh,  I will close the, uh, public hearing. And now it's   time for clarification. clarification questions  from the uh council. Uh council member Jimenez. Yeah, thank you so much for the the work that um  you are doing and um the presentation. Uh I wanted   to ask about the the co- enforcement um because  um as many people said like for these to really  

work has to have teeth and co enforcement is  doing the enforcement. So um how many inspectors   are providing enforcement for tobacco retails  right now and what is the plan to um increase   that? So actually we can have an enforcement  mechanism. Uh, thank you, Council Member Himenez,   for the question. Um, and I'm going to do this  with Eva and Kevin together, but one of the   major changes that we've implemented is we've  are shifting some of the administrative tasks   to planning. Um particularly they're doing the  first review of application completeness making   sure fees are paid licenses from both the state  business license are there to reduce some of the   burden on code enforcement staff which is doing  the physical inspections of the site. Um in the   same calling retailers making sure that they're  receiving their notices notices are getting   sent. So, that's one of the major tasks that we've  eliminated from um code enforcement, understanding   that resources are limited and and they're mostly  out in the field regularly. Um and so I just   wanted to explain that's why today you've sort of  heard a new process um expressed. Um and so Kevin,   I think right now has been the key enforcement  officer, but you could talk a little bit more. So just in general um you know the tobacco  retail inspections take you know anywhere   from 5 minutes up to 30 minutes dependent upon  the products or items that are seen. Um noticing   of those items you know take anywhere from  30 minutes to an hour to get the violations   together and to get the notices out. Um and  then again doing the reinspections for each  

um after the notice to get the citation  again it it the time just continues. So   um the efforts are there but just trying  to do our best to get to all the different   uh vendors both license and line license.  How many staff do we have for this? We have one code enforcement officer  that's assigned to regulatory. So Kevin   is responsible for all regulatory inspections  which include to uh tobacco, alcohol and cannabis,   commercial cannabis. Do you think it's enough  with one person to have this this enforcement   to enforce this that we are talking about here?  If no, uh what is the plan for getting more uh co   enforcement staff to support this? Yeah, so we've  recently onboarded one additional staff member. I   think the the big part is there's the state law  has also assigned confiscation abilities with   um PD uh with the police department. And so we  are closely working with uh Chief Simmons and his   staff to make sure that confiscation as well as  the abatement um measures that we're recommending   this evening that you introduce into the ordinance  will also give us the ability to shut down   um businesses if necessary to obtain compliance,  which has been a tool that we haven't had. Um and   the Department of Public Health will accept  confiscated product which has been another   challenge in terms of storage. Um because  there's so much of it out in the community,   we would it's just filling up um storage and so  the Department of Public Health which is located  

here in Richmond will accept the product. Um,  so I think right now we do have the ability   to reshift assignments amongst team members which  tonight I think is as we get these new tools we'll   begin to monitor that and if we need to reassign  staff um we will because it it continues to also   be a challenge to just hire um staff. uh it the  recruitment process isn't easy because I think two   code enforcement officers are needed elsewhere. So  we're trying to reduce some administrative burdens   by having additional staff support. So if I may  um add on to what uh director Velasco stated. So,   one of the things that since all of the department  heads have been asking for additional staff,   um, one of the things that they are being asked  to do is when they're adding ask requesting   to add staff is that they come up with key  performance indicators so that we can assess   what the current workload is, what the production  is of those staff and where there's a gap. So   my expectation is as this is if this is adopted  by the city council then yes there will need to   be intra measures where obviously there needs to  be a surge to address what's currently happening   uh in the community and resources aligned uh  strategically. Also as Miss Velasco stated the   police department does have to be involved  with this. this is not uh a situation where   we can anticipate that code enforcement is going  to be going into these businesses alone and that   this is there will need to be a a coordinated  uh strategy just like the development of the   ordinance is coordinated with the city attorney's  office this has to it's an interdep departmental   collaboration so we anticipate that will need to  continue um also as uh to elaborate on what Miss   Velasco indicated the uh process to onboard a  code enforcement officer given The background  

check is extensive because you have to be  able to pass much of what is needed um and   go through a background check simil comparable  to what takes place in police. So it is a very   uh strenuous requirement and um I do commend that  they've been able to onboard staff but it has been   um difficult overall in the department though.  How many people including managers do you have   in code enforcement and supervisors and code  enforcement officers? Six including Eva and   it's eight total with two of them contractors.  Two of them we have contract staff right now.   Yeah. So six total FTEEs currently. Okay. So I I  think like I I would like to have that assessment   after I I think like this is going to pass. Yes.  Yeah. But even but in the short term they're going   to need to shift operational focus to address  this because it could even if we tried to fill   two positions tomorrow it will take another six to  eight months. Okay. Thank you. Uh my last question   is and I think like Lena uh spoke about it with  these um this amendment uh will allow us to close   illegal operations with no licenses or uh yes  under the the nuisance abatement procedures   that will be one of the options. I mean, I  think what we're what you're seeing out in   the field right now is that retailers, this  is not the only component of their business,   which is one of the things that we will need to  take into account, right? It may be a convenience   market with tobacco retail plus the other stuff  that we're seeing. So, I think when we go out into   the field, we'll have to make an assessment if  the right response is confiscation. um of all the  

unpermitted product or there may get to a point  where it's a repeat offender where we may have   to take more extreme measures such as um closing  the business. Okay. Thank you, Council Member Bon. Thank you. We all appreciate code enforcement.  So, thank you so much for all you do. Some quick   questions. What is pathway you referred to? Uh so  in July the council introduced an amendment to the   moratorum which allowed uh legacy businesses that  were existing prior um that met certain criteria   that the council established. They had a CDTFA  license, had had a business license, and held a   Richmond tobacco retailers license for some time  um prior to the moratorium being adopted. And and   they were not found to have been engaging um in  sales of cannabis or or the psychedelic mushrooms.   And so that created a pathway for some retailers  during the moratorum that met that criteria to   obtain their license. Thank you. Can we look  at um slide number 23? I'm just curious about   um my district 4 and the number of stories there.  One. Yeah, I know. I know. And um oh we we also no   we have unincorporated Elsa brand so we don't we  don't have too many businesses maybe I don't know   a total of seven or eight in the entire district  and one of them having this maybe too many because   people go shopping in Pinol and San Pablo or  unincorporated Elsa Bronte uh but I assume there's  

no um counting them right in terms of like 2500.  Not in terms of the city license. You know, again,   if the council introduces the cap, only those  within our actual jurisdiction are subject to our   regulations. Okay. And these stores are usually  convenience stores or grocery markets. Um I think   over the last couple of years, we've seen what's  been noted as an introduction of gift shops.   um which you know they're selling t-shirts,  some convenience foods, chips, candy, sodas,   um but also maybe selling hats in addition  to tobacco and and many of the the illegal   products that um so basically disguised to  sell tobacco. Okay. And the hidden spaces,   I'm curious, how do you find them? Well, during  the inspection, again, you have to look for   um look through what you see. Um you know, if  a wall doesn't appear to be totally closed,   or if a a drawer you have to touch, you  have to move, you have to pull. And again,   we find what we find, we don't. But, you know,  we look for um where are people standing? Where   do they not want me to go, you know, and and  kind of um to gain full access to the store. So,   some psychology. Do residents report it to you?  Is there a reporting mechanism in place? We would   love to establish a tip line. Awesome. That'd  be great. And um and if I may just one question,   Miss Alaska, are we allowed to indicate the number  of uh licenses the state indicated there are? Back to the slide that was previously noted.  So you can delineate between the two because I  

think the council there's going to be a potential  surge. uh the the 49 slide and by district. Um I   don't think I have it by district, but but  just in terms of comparison, KCRT, can you   put up the table that you had up previously?  Um yes, thank you. So what the state tobacco   retailers license is pretty simple application.  and it's typically done online and again the   state's noting you that you you are a tobacco  retailer but in addition to that the city has   its local requirements to both obtain a business  license and a tobacco retailer's license. So,   we're aware that the number of Richmond businesses  that have obtained a tobacco retailer's license   from the California Department of Fee and uh  tax and fee administration is a lot higher.   Um I think it's closer to 80. um it's 70 plus um  which you know our current numbers show that if we   were to license everybody that's in progress has  notice of violations and what's obtained is 49.   So there's a delta of 30. Um so potentially some  of them may not be retailing which is something   we would verify. Um but we expect many of them  will be. So when you receive inquiries um this   may be why and if they were not compliant and  haven't provided the information that has been   necessary for them to gain compliance under the  proposed ordinance then they would be working   we'd be working with the city attorney's office  and the police department to take appropriate   measures with code enforcement. Thank you.  So why why is a license not transferable?

Uh well this has been a common practice since  it was adopted in 2009. Um and part of it I   think was the objective that when the city  adopted those locationational standards for   youth populated areas which are parks, libraries,  um daycarees um libraries um schools. That was   the other one was that no re there weren't any  retailers that could actually comply. And so it   was an opportunity that when a license was to  be transferred that then those retailers would   no longer be able to retail with because they  were in areas that were undesirable. Okay. So   the community will have a chance to comment  on grandfathering in the businesses because   if you know the business is being sold somebody  invest so much they want the whole business not   partial. So so what the ordinance is proposing  is under the locationational standards those   businesses that continue to operate in compliance  with your ordinance will be able to not avoid the   locationational standards. They'll still need  to obtain the retail license. Um, however,   they don't have to meet the locationational  standards since it was a retailer that once   met that. However, if they violate or we have to  suspend, not suspend but revoke their tobacco ret   then that it is lost. Um, but it's only in if  they're compliant. Um, and that's been one of   our major challenges. Thank you. And I think the  sense of um level of severity of the enforcement,  

do you say it's comparable with nearby cities  or the state or we're more lenient or harsher once it's approved? I mean the proposed ordinance  um as proposed it it would probably be equal to   the level of surrounding cities um throughout  the county. Right now it's it's not that way   because again our ordinance is out of date needs  to be updated um but this update does increase   those um the availability for the wide range of  enforcement. Um okay. All right. Thank you very   much. I think um the so has there are there  any cases that you wouldn't need the police   to confiscate or abate or it's always needed.  It's a the protocol that you go with them. Well,   flavored tobacco is illegal in in the  state. um if found um the CDFA C CDTFA   um provides local jurisdictions authorization  to confiscate. So that is a remedy as of I think   January 2025 either 2025 or 2026. So again that's  a new remedy that it was once only CDTFA only the   state tax inspectors and only department of  public health uh state department of public   health. Now um local uh police departments can um  confiscate that you know as well as enforcement   uh code enforcement like myself can go and  administratively um cite them. So again this   provides an additional avenue for uh enforcement.  So basically my question is can enforcement be   done without the presence of our police officers  because they're so short staffed like you go there  

and say this is your fine today if you don't clear  it up by tomorrow again it can but it's limited. Yeah and I'll just expand on that. So for the  confiscation we will need the police department   um particularly since the state prescribes a  process where we have to follow chain chain   of custody uh there's documentation and records.  Um, even as we do inspections, if we don't have   a police officer with us and we find cannabis,  psychedelic mushrooms, we will call in the PD to   confiscate that product as well as issue criminal  um, citations so that there's followup on on the   prosecutor's side. Um, so they are a very integral  part, but we can complete inspections, education,   um, without an officer, but they're on standby.  And that's one of the the protocols. You know,   our code enforcement officers do carry  radios. Um, as we've done more inspections,   it's usually a team, one or two people. I  see. Um, and and then the state will come   in and let us know if they're coming in too,  and we will join them on the inspections. So,   it's the state protocol basically to up law  enforcement. Um, well, they they they are law   enforcement, so they will also be able to do all  the things that our RPD does. Thank you very much,   Council Member Sepeda. Thank you, Mr. Mayor. Uh,  thank you. I'll continue on the conversation about   staffing. I see the chief behind there. Chief,  how many people have you made respond? How many   officers do we have to help assist? because  we we know we have valiant team of one in   code enforcement. How many do we have on the RPD?  Good evening. Uh so that's a good question. Um we  

will not have a particular officer or or cohort of  officers that are assigned to this project rather   a group of officers that will be properly trained  and they'll be signing up. Uh there's coordination   between Lena and myself. So we'll have notice as  to when certain operations are going to exist.   a sign up will occur that will allow officers  or personnel to sign up for those particular   assignments who have been properly trained in  the protocol. And I I want to add too to to sort   of the the need for law enforcement in some  of these inspections, not only have we found   illicit drugs and things of that nature, but in a  few of them, we've also found stolen firearms and   other things of that nature where along with the  narcotics that were in the hidden compartments,   the false doors, the false uh uh the hidden  compartments, we've also, you know, had to conduct   other types of enforcement due to stolen firearms  that being harbored within those smoke shops. So,   that's kind of those are some of the fines  that happen during the inspections that we   don't intend to find, but when you do, you have  to deal with them right then and there. Thank   you. Thank you for that. Um, Miss Vasco, do you  know how many illegal shops we have left still?   I know some of them have seem to have closed,  but do we know what how many more are left? Okay. So, right now we believe there's 34  unlicensed retailers. 34 unlicensed. Now,   you know, we we have additional information  about those that have um CDTFA licenses and   so we'll be working to figure out which if the  number is actually larger or smaller. Thank you.   And I'm assuming after this we were going to  work with RPD to come up with the plan on how   to start closing them down. Yes. Okay. I'm I'm  in my mind I'm picturing the Excel document you  

had shared with a couple of us, I believe,  um that showed a lot of red for different   retailers just having no licenses whatsoever.  So, we should start targeting those first and   then start closing them. Yes. Um and if I remember  correctly, the the the reason why we're even here,   it was because of the illegal smoke shops.  I think we ended up putting in all the other   tobacco retailers because that is sort of the  big umbrella, but what I had originally heard,   especially from the 23rd Street merchants, is  all of the illegal shops, smoke shops. And as you   mentioned earlier, now they're being called smoke  shops or t-shirt shops or hat shops or whatever,   gift shops, gift shops, right? Because we  have so many uh trinkets in Richmond that   you want to have to bring home for someone. Uh  so with that there the original intent was the   illegal smoke shops. I didn't see and if you can  point me maybe I missed it but I think we need   to make sure that we have a definition of what  a tobacco shop is and that would include I was   looking up earlier cities like San Francisco for  example have defined tobacco shops and that would   include uh smoke shops, t-shirt shops, right? Gift  shops, whatever. knowing that it's the percentage   of sales that defines it. So if X amount of sales  goes towards tobacco, then that becomes a tobacco   shop. Excuse me. Uh the discussion comes later.  Now it's time for questions. Perfect. Thank you.   I'll come back to that one there then. Um and  then are we also defining cannabis products? I   wasn't able to find a a definition in the  ordinance, but are we able to define it?

The municipal code does have a definition  of cannabis and cannabis products because   um as the council may be aware is you know we  do have a cannabis business permit process for   um people engaging in commercial cannabis  activities. So there is a definition there.   Um there isn't one in this ordinance, but we  would rely on both the definition within the RMC,   but then also the state under state law does not  allow cannabis products to be sold with within   tobacco retailers. Okay. Thank you. Yeah,  it would be great to see if we could put   something in there, too. Uh and then uh the word  nuisance there, the way that I read the ordinance,   it's alluding more to a nuisance of selling  illegal products, right? You get caught   multiple times. Are we able to better define  it? So if you have other crimes happening like   gun sales or you've got actual shootings like  the ones that happen on 23rd Street, that's a   much bigger nuisance. Those should be closed down  immediately. Okay. So can we better define that?   Yeah. So, with that question, I'd like to see if  Lauren is available to respond. Um, who's outside   council to the city. Um, Lauren, are you on the  Zoom? Yes, absolutely. Good after Good evening. Um, can you address council member Sapeda's  question about the definition of nuisance and   um whether or not the ordinance extends beyond  just illegal product or prohibited product sales   but could include other activities. Yes. So,  um, within within the Richmond Municipal Code in   chapter 9.22, 22 um nuisance is broadly defined as  any violation of state law and then any violation  

of local law as well. So any violation of this  chapter itself would be a nuisance and would   be available all the abatement procedures then  within chapter 9.22 would be available. So if   it was simply, you know, just um like inadequate  lighting that that could be declared a nuisance   and then it would be subject to certain abatement  protocols. What about shootings outside of its   business due to his business? um for um if  there was something else that was within the nuisance abatement chapter of the  RMC, we you could try to connect those,   but I would think that there would need  to be a link of the criminal activity   with then within this ordinance. Um and  that that currently we do not have. Okay.   Thank you. I'll be great to seek especially  addressing the the issues on 23rd Street. Um and I think that's it for now. I'll come back when  I mean I think you can also Lauren can't you 9.22   22 kind of the general definition of nuisance  broadly um is that um you know any dangerous,   unsightly or blighted condition  which is detrimental to the health,   safety or welfare of the public. I think arguably  you could make the connection that uh a shooting   outside of a storefront is detrimental to the  health, safety, and welfare of the public. So   that I think that's absolutely correct. I do think  there's also other avenues within the Richmond mis   municipal code that you could go through. I just  don't think that the tobacco ordinance would be   uh the grounds that you would be utilizing.  It would be probably closer to just purely  

utilizing 9.22. Okay. Thank you so much. I'll  come back with more later. Thank you. May mayor   if I also can add our expectation is when we have  as this moves forward if approved by the council   is that in addition to police abatement and things  of that nature like when we do have to close down   a building there's a board up like all of those  things will will need to be will need to happen   and code enforcement and abatement also work very  closely together. So I just want like the council   to to understand that that would be the framework  we utilize. Council member Brown. Thank you and   thank you for the presentation. And I have a quick  question. Uh I saw that there was a live scan   requirement. Is that going to be um so I think  Okay. So that's new, right? Newly amended. Also   um what offenses would disqualify um one  of the business owner proprietors from   um well would this what offenses would disqualify  someone? PD PD would need to respond to that.   the chief would need to respond to that. Yeah. So, Lena, do you want to have  outside counsel answer? That one. Um, we can we can move if you don't have it  at this time. I just want to know that if if   there is a certain offense that would disqualify  someone, um, like how are folks made aware of   that? Are live scans sent directly to the city or  like how is it working when it comes to now live   scan being a requirement? Sure. So the live scan  the requirement that's specified in the ordinance   would be through the Richmond Police Department.  Um so they would have to upon submittal of an   application obtain the live scan and then  we'll work um with RPD. They do the review,  

they provide a recommendation um within the  ordinance. There are grounds for denial of a   license and again it could be appealed. So we have  the due process built in. Um so should there be a   recommendation for denial based on the live scan  um there is a process where it could be appealed   and and reconsidered maybe something was missed.  Um but that is a new requirement within the   ordinance. Okay. Thank you. And as for like the  scope of inspections, can we contract more outside   enforcement officers since this ordinance  would be enacted the first week of April? Um yeah, I mean I mean we do have on call  contractors. Okay. Um, so if determined needed,   you know, I think we we would just work  through the formal process of bringing on um,   which I think now under state law, uh, we we  do have to do a meet and confer with with the   unions. Okay. Because I think with like all of  like I think that everyone's on board with like   having a more aggressive approach and so like I  understand you know our enforcement officer being   a oneman band like I think that he would need some  like you know it and should be some depth to that   uh position and not like relying solely on one  person or two people even uh for the amount of   what's going on due to like the pictures and um  yeah all eight people the code enforcement unit   will be working on enforcement if I'm sorry all  eight people okay that are in the code enforcement   unit will be working on this if the city council  passes it on effect of July one okay so what was   the one person I mean Kevin who is no I know that  I'm saying like what is his role compared to the   other people in code enforcement if we don't have  an adopted ordinance right then it makes it more  

difficult to do enforcement so now if city council  adopts this. We will make changes to the direction   of the code enforcement duties to prioritize  the city council's policy direction. So,   we'll be able to deploy those eight folks out into  the field. Yes, that's what I will direct. Okay,   fantastic. Thank you. Um also, um I was reading  too about entering the premises like the entire   premises and inspection um authority. Um, so if  is a warrant required if you're denied access   and is a deni is a warrant required if you're  denied access or does the refusal like trigger   suspension, relocation, something like that. Like  what happens? So, excuse me. Refusal would trigger   um revocation uh proceedings. um tied in the  use permit in the TRL is the um authorization   for city staff to enter any time unannounced  while business hours, you know, while they're   open. Um and so there there's remedies built into  the TRL. Yes. To the agreement that they allow um   city inspectors. Okay. So that's like one strike  and you're out like you deny one time and we're   going straight into this process. They they would  go back to planning. Uh I would I would write that   up like they denied it. Um an NOV would be issued  and that would be sent to planning manager for   the an administrative hearing for the u either  revocation suspension of the tobacco license.   Okay. And lastly um regarding the timeline um how  many times does a retailer is a retail retailer   able to violate? Um because I agree with the  caller who mentioned like we need to have this   like really spelled out so there's no confusion  or is this some sort of discretionary rule? It   depends on the severity of the violation.  So that's what's going to determine what  

um retailer that is actually referred to planning  for revocation. Mhm. And so, Melina, are we going   to have like this stuff spelled out for folks so  people will know exactly like when you do this   this these are like the consequences or you know  what I mean? Yes, we will definitely be adding   um sort of a policy guideline or an SOP standard  operating procedures for the process of of what   we do. I think, you know, part of the ordinance is  written in a way where things change so rapidly,   you know, particularly around how um operations  occur. I mean, some of the things that are being   seen in the field weren't being seen two or three  years ago. Yeah. Um and so we do have the ability   within the ordinance to provide additional  guidance documents and developed under the   director. Um and so that that will be available  as we encounter new issues that may be updated to   provide further clarity. Um so but yes, we will  be developing uh work plans, standard operating   procedures um upon you know if council's  direction tonight is to introduce you know   that gives us about a little bit less than 30 days  for effectiveness. But those are things that we've   already been thinking through with our attorneys  um to to to be able to hit the ground running.   Okay. Thank you. More questions. Uh Council  Member Wilson. Thank you. Um so I wanted to   follow up on Council Member Brown's question about  the live scan requirement because I didn't really   understand the answer. So, um, so my understanding  is live scan is basically doing a ground,   uh, background check, but can you specify sort of  like what sorts of things that might be found in   a ground background check that would prohibit  someone from receiving one of the licenses?

Good evening, Councilwoman Wilson. So,  what typically comes back in a life scan is   uh arrest and convictions of misdemeanor  and felonies. And it'll kind of list out   the jurisdictions. So, it's it's quering a a  federal database and state bad state database   and letting the reader at this the at this point  someone in the police department know what have   been the convictions and the charges. So, as  it relates to the the the tobacco license, we   would flag anything where there's been the sale of  firearms, the sale of narcotics, um gun violence,   things of that nature. Those would be things that  we would flag, things that we would be determined   as violent felonies or a potential where re um  this word recidicism could have a likelihood of   existing if they're back in an environment where  they're they have the potential to be selling   these kinds of things to the public. Those  would be some of the things that would inform   our recommendation to code enforcement. Okay. And  then the process is is that the police department   makes a recommendation I or is there sorry so so  I understand what things you might flag but who   makes the decision. Yeah the recommendation  solely based on the live scan results and   then there's other evaluation and analysis that  Lena and her crew will make in the totality but   there will be a recommendation based upon the  live scan results. we would not recommend this   person be given or this individual be given um a  tobacco license predicated on these particular um   conviction this particular conviction history for  these particular offenses. So, this is something   just like I'm not going to solve this tonight, but  just something to flag that I know that there's,   you know, we've passed a ban the box ordinance  and things in Richmond. The idea that once you've   served your time, we want you to be able to um  start a new life. And I imagine having a license  

like this might be part of somebody's economic uh  plan. And so again, I I don't know enough about   this to to have a specific recommendation, but I  I guess I'd like to have some scrutiny on who gets   uh t, you know, who gets rejected based on  their live scan results so that we can see   if that's something that that is consistent with  the way the city approaches um the idea of of of   being able to to return to the community second  chances. Thank you. Um, next question I have,   and thank you for th that those answers is that uh  we it looks like we got some emails this afternoon   from the Liz Hendricks from the American Cancer  Society and then Blle Young from the American   Heart Association and I heard at least u Miss  Young on the phone as well with some specific   recommendations about what they say are sort of  like the best practices in this kind of ordinance.   Um I am no I have no expertise on this but it  sound they all sounded pretty reasonable to me   and so uh I don't know if there's some way for all  of you to take those you know I'm just not to to   sort of list the one uh there was a recommendation  that that we uh not make an exception for the   sale of flavored she um that we uh we should have  some sort of some sort of policy around multiple   violations of the TRL that we should tighten up  some of our definitions. Those came from Miss   Hendrickx from the American Cancer Society and  then Blle Young from American Heart Association.   Excuse me. This sounds more like discussion. What  is your question? My question is is would you   consider adding these and bringing them back? If  I could finish them, but maybe I can't. Um would   you consider adding them to a future version or  at least considering them again, you know? Yes,   and that would be our recommendation. I mean,  I think there's one simple one that the council   could decide this evening with the shishka  tobacco product. If you wanted to eliminate that  

exemption, we can go ahead. I think either way,  they would be covered under the cap, right? So,   whoever, if we potentially have one license left,  there's only going to be one more new business.   Um, but I think that would be an easy one to  do this evening should it be desired. And then   the other ones I think we would want to look in  further but given that the moratorum um expires   on April 15th um my recommendation would be to go  with this and we can quickly come back. Um okay so   right so and that's what I was looking for today  is whether you would be able to look at these over   and come back with a recommendation if you want  to bring those back. Uh, next question I have is I   want to make sure that I understand the impact on  small businesses because I think it's it's pretty   confusing just to to say it to say it plainly. Um,  but I I think I might I might have it. So, it's   going to be a little bit of a narrative, but the  question I'm going to ask is, is this correct? Uh,   so right now we have Excuse me. I I really hate  to interrupt you, but uh these sorts of questions   seem more like discussion. You know, discussion  doesn't mean you can't ask questions, right? But   what the question I'm asking is is I want to ha I  want to ask questions that allows me to understand   the impact on small businesses. And the reason  I'm raising this is because I've already been   present for when we passed a tobaccore related  um ordinance and then we all were happy how   how strict it was and then people came back the  next month and said you've closed down my small   business and then we loosened it and so I have  questions to to get at what what we're actually   closing down by doing this. Well that could be  during discussion. So so so this is just for quick   question. Okay question. Okay. So the question is  is that how many licensed tobacco retailers when   you have that 50 number that's licensed tobacco  retailers or potentially licensed tobacco ret  

49 was the number on slide 23. Yeah. 49. And we  were proposing a cap of 50. So that would leave   one more business that is unlicensed that meets  all of the criteria within the ordinance. So it's   the first one in um that meets it will be allowed.  Everybody else will need to stop. Um, so I am Am I   correct in assuming you picked the number 50 to  sort of say let's try to capture the people who   are already in this ecosystem. Yes. And then use a  round number. Okay. Correct. Okay. Thank you. So,   but then I heard is that according to the state  of California, are there are there closer to   80 people who have state of California tobacco  licenses in Richmond? But yes. Okay. So does that   mean that there's uh 50 minus 30 businesses that  might be operating who will not be grandfathered   in under this and they will immediately face  enforcement activities? Yes. Okay. And so do   you anticipate that they will be coming here to  tell us that we've ruined their small business?   Um well I mean I I I think with they're already  working without the constraints and that's been   since the moratorum. So I think too it while yes  that will be the the effect that they will lose a   privilege of a of a controlled substance that  they were once able to sell. Um, but I think   there's a public health basis for the council to  make those decisions. Now, you know, we we would   certainly support them expanding their businesses  to other activities, but yes, it will have an   impact on some. Okay. Thank you. And um the the  gentleman who called in from the family market,   is there a pathway for him to be grandfathered  in? And I'm not asking for an exception. And I'm   saying under the current way that the ordinance  is written, is there a path for someone who buys  

a business to to receive a license to sell tobacco  enrichment? So, if they're not currently licensed,   no, because again, it's never been a  transferable license. Um, I think there's   challenges with that one to become a new lency  in given its proximity to Perry's Elementary,   its proximity to Elm Play lot, its proximity to  Lucas Park. So given those youth populated areas,   it doesn't meet the locationational standards,  but it's our understanding that, you know,   the the previous owner knew um they added alcohol  in exchange for tobacco. Um so, you know, this is   there was a change in the business. Okay. Uh last  question. Um, based on a suggestion from a caller,   would you consider go back and tell us  your opinion on adding a base price as   well as a base pack size, which was another  sort of practice that someone recommended? So, we do have the base pack size I think is  pretty consistent with what we've seen across   the board, but the base price um I mean we we  would certainly can include it. I don't know   if we would have the language this evening. It  certainly could be something we can come back,   but I know Lauren's on who's been supporting our  um our development of the ordinance. Um, so we   could if if that's what the council wants, we can  see if there's a quick provision we can add in to   introduce tonight. Thank you. Thank you. Well,  uh, I want to praise you on how you were able   to turn your narratives into questions. I watch a  lot of Jeopardy. That's great. But I didn't hear  

you say what is. Next time. All right. Um, okay.  I I I have some questions and hopefully I can do   as well as uh as uh council member Wilson. Um  where in the ordinance does it mention cannabis under prohibited products and um which is may I? Yes. uh page nine. There's seven  uh words or there's seven cannabis words   listed on the in the ordinance. The  first one is page nine. Page 12. I   don't Yes. So it looks like it's um  mun what what what section because   the page sales of cannabis prohibited  page 25. Here we go. It's 7.106100. You have under letter. Oh yes, I have the the red  line. E2 sales of cannabis prohibited. I'm sorry,   what what what section again? 7.1061 100. Okay.  Operating requirements and prohibitions. Um,   which if you have a it's page 23 of 29. Okay. So, so it's a 100. Okay. I I I guess I'm looking at the wrong  wrong one. So, um I I I'm looking at the um uh Oh, it says whereas, you know, now  there for the city. And then it has the   uh uh does hereby ordain as follows. And it  has the sections chapter 7 106 and you said  

it's 100. Yeah. The operating requirements and  prohibitions. Okay. There's 90 and then um yeah   I'm sorry I I need to see things in in print. Um,  so, so it's page, um, are there page numbers? Uh,   21 of 29. Okay. So, if you go to page 23, um,  it's about the middle of the page under E. Oh,   yes. Okay. Says prohibited products and uses. Um,  number two is sales of cannabis prohibited. Okay.   And does it mention whippets? Uh yes, that would  fall under number three, which would be the drug   paraphernalia and hazardous substances prohibited  section. Okay. Uh does it mention mushrooms? Yes,   it would fall under that same under the same but  it's not mentioned specifically. It is in the   definitions um which the definitions are further  forward in the ordinance. um which if you turn to   page six it starts in hazardous substance. Okay.  So which also includes cratom. Mhm. Um nitrous   oxide. Okay. I I don't see um there's no word  mushroom. Yeah. I I I don't see mushroom in there. Which one is the psychedelic? And I was  also uh wondering about other  

illegal substances such as acid,  you know, lysurgic acid or ecstasy. So Lauren, um can you hear now? My understanding  is that the prohibited uh the sales of drug   paraphernalia and hazardous substances prohibited.  So that's on page 23 of 29 that that that section   E3 includes what the mayor is outlining. Are there  other So he's asking whether um mushrooms, but I   I know there's a different name for it. Um other  illegal drugs are uh prohibited in this ordinance.   Yeah, I think that it's covered in one of the  definitions. I'm just trying to find the exact   Yeah, it it does it does uh touch on it, but  it doesn't mention it specifically. It says   uh any product, compound, mixture or material  whether natural or synthetic the use, ingestion,   inhalation or absorption of which is determined to  be particularly detrimental to the health, safety   or welfare of an individual. Uh but um there's  not a definition of detrimental. So, so, so,   uh, I could I could see people arguing that,  uh, uh, uh, psilocybin is actually beneficial. Absolutely. I believe there's a  prohibition within the ordinance,   I can try to locate it for you, that talks about  elicit drugs and makes a reference to the health   and safety code that then has a a section  that outlines all of all of those concerns.   So, let me see if I can locate that. Lauren, I  think it's the drug paraphernalia definition.

11377A also makes it a crime. So, even if it's not  the ordinance, it would be but it wouldn't be drug   wouldn't be drug paraphernalia because it's drug  a drug. It's a drug itself. The paraphernalia is   what you use to ingest the drug. Mayor, if I may,  so health uh the California Health and Safety Code   11377A covers the illegal sale of psilocybin  as well as ecstasy. Um the sell of those would   be just a felony in and of themselves. So that by  its nature, whether it's in the ordinance or not,   would make it illegal for them to do  that, right? And uh we incorporate uh   state statues into our local statues, you  know, so that so that it's uh stronger. So,   so I I would suggest that we do that certainly.  Yeah. Um, and then another question. Um, uh, Council Member Wilson asked a lot of  them and I'm happy for that. So um um in the in the revocation process  uh can the businesses still operate? Not not after a revocation and likely if there's  a revocation there's a suspension component   somewhere in between. Um, but the revocation is  basically that we've taken away, right? Yeah. I   said the process of obtaining a revocation.  Oh, during the process. Yeah. Um, well,   I think it would depend on where where we were  in the steps. If it was scheduling the hearing,   um, then there may be depending on what was found  an NOV that was issued and we may be citing. Um,  

but if it's at a revocation, um, you know, it's  likely that we're either on them and they've   stopped. So, it really just, I think, depends  on the basis for the revocation. Okay. So,   I if if I opened up a gift shop and I  decided to sell cannabis in the back,   uh would you be able to close down my gift  shop or or would I just be able to move my   cannabis business elsewhere? Lauren, can you  go through the nuisance abatement process? Yes, absolutely. And then also to touch on  though that that previous question about   making sure that the local law adopts  um those elicit drug reference that is   on page 22 out of 29 and that talks about those  controlled substances and under that health and   safety code through those sections those  those substances should be covered there. Okay. Yeah, I see that. Thank you.  That's that's good to see. Lauren,   can you go through the um the nuisance  abatement process? Yes, absolutely. So,   when a violation um at any of the retailers  is discovered, uh there's various options for   enforcement. Of course, you could start with the  the fines and then maybe escalate the way up to   ultimately doing some sort of abatement. Um,  abatement typically includes going to court   and getting a warrant that would either cover, you  know, abatement of specific or removal of specific  

illegal or um unpermitted unlicensed operations  or just products themselves. And so one of the   remedies available under an abatement um would be  then to abate the business itself. So, so chain   the doors and and make sure that the operation  is no longer ongoing or to simply just remove   products that are not supposed to be sold. So,  there's there's it's kind of a broad scope. Um,   it could simply also be abating um areas that  aren't supposed to be there like those hidden   areas that were discussed earlier or certain  things like that. So, it's either to do something   or remove something or stop the business all in  in its entirety. Okay. Uh would it be possible uh   uh if if this is passed and we have a second  hearing? At the second hearing, would it be   possible to have a slide where you uh outline  the process for enforcement of uh smoke shops? Thank you. That's okay. That's the end  of my questions. Now it's open for my   question on your is it your say smoke shops.  The process for smoke shops is it all or Yeah,   just smoke shops. No, no. Uh I said smoke shops,   but but I meant any establishment that is  selling uh tobacco or drug paraphernalia, drugs of any sort. Understood. Okay, now we're  open for uh discussion. Uh, council member Sepa. Thank you. Uh, I'm gonna go back to one  quick question first to the a cannabis a   we have three cannabis businesses, legal  businesses in in Richmond after how many   violations or warnings would they be shut  down or would they lose their license or  

what would happen if they did something wrong?  So, just to clarify, there's three retailers,   cannabis retailers, but there's more  licensed cannabis operators, manufacturers,   cultivators. Thank you. Retailers in the  city. Yes. Thank you. Um and and so again,   I think it depends on the issue, but but we  are looking at um the process of inspections,   the notice of violation. you know, is it because  um like what what's the violation? Is it because   they failed to post their cannabis business  permit? Um you know, failed to pay taxes,   failed. So, those are the things that that we  work together as a team and look to see, okay,   well, what is the violation now? Are they underage  selling? Um all of those things um enforce the the   next step of action. Um, so I'm trying to remember  the original question. So the question is,   after how many violations or warnings would  something happen to a cannabis shop? What I guess   what I'm trying to get at is to make sure that  we're comparing them both. So if a tobacco shop   sells marijuana, what happens? It should be the  same. If a if one of our retailers sells tobacco,   for example, what would happen? Well, we shut them  down because they don't have the right permits,   right? So make sure that we're fair. So the  commercial cannabis ordinance uh 1504610 270 um is   it's has has a designation of being a nuisance. So  we're bringing a tobacco ordinance up to that same   designation. So if the if a cannabis uh vendor  or property had or were doing illegal activities,   they could be defined as a nuisance. And as Lauren  stated, those nuisance abrants can take place.  

So here what we're trying to do is bring the  tobacco ordinance up to that same standard.   Perfect. Thank you. Um, council member Sepa, if I  could just add one thing that during inspections,   if a code enforcement officer finds that a  retailer is selling cannabis, um, they will call   in RPD to do the confiscation because that's an  illegal um, substance. And therefore, we'll take   it off the shelves, they will do the inventory and  remove it at that time. And that's what we've been   doing both uh with uh the psychedelic mushrooms  um as well as cannabis and um firearms. I mean,   you've heard we we will call in when there's a  criminal action taking place, we will call in RPD.   And just one point as well as contacting the  state uh CDTFA or other department of public   health if there's other um the untacked stamps or  the out ofstate uh stamps u found in the stores. Yeah. Uh and then CBD products are on the same  thing, right? So nobody is able to sell anything   marijuana related in their shop. CBD product.  Yeah. It would be all THC, Delta 3, Delta 9. Um,   yeah, all those products. Correct. Thank you.  Now, in page 19 of the red line document,   it says uh may uh that something may happen  to the retailers should they uh not comply.   Can are we able to change that to shell? That's  also from one of the emails we received and I I   forward it to Miss Velasco so that we retailers  know that if they do something illegal that we   have to have some teeth and they have to know that  something will happen and it's not a May. Lauren,  

can you can you answer that um please because I  know we've gone back and forth on email on this   and can you answer the question please? Yeah,  absolutely. Yeah, to chime in on that. I think   that there's a fine balance between of course  having those teeth and giving the city discretion.   Um when we're talking about suspension, it says  that any violation of this ordinance is grounds   for suspension. Um, this ordinance also sets forth  standards like lighting requirements and and very   basic things that you know like those mom and pop  shops that are operating and maybe they they just   messed up on the licing licensing I mean lighting.  Now if if it was a shall then then that would mean   that their license shall automatically be  suspended. So I think giving the city some   discretion and giving staff discretion to and  enforce when suspension should occur and when it   shouldn't occur protects I think all operators and  then also make sure that um business operators can   still you know operate or if there's teeth to be  needed that that staff can enforce. Are we able to   better define? So there's a big difference between  you've got the wrong lighting and you're selling   illegal stuff like right that should not be a  question. So bad lighting yeah bad for pictures   bad for everything it's okay we'll let you know  but if you're selling illegal stuff that's when   they have to go and this is more than one yeah  and I think that I think that's resolved when we   look at the grounds for revocation. So the grounds  for revocation um that sets forth clear standards   there and those are the types of things I think  that the city really wants to protect against and   that is a shall and it shall be revoked when you  know there's sales of cannabis or sales to minors  

or sales of flavored tobacco products. But for  all the other violations that would be handled via   suspension and then that's the where there should  be some discretion. So is that written because I   that's not how I read it. So I just want to make  and I'm not a lawyer so I want to make sure that   if you're reading it that way that if they do  have bad lighting it's a may and if they're   selling illegal stuff it's a shallow. Yes that's  correct. I think if we look um on page 17 of 29 and then that provision six that outlines  those grounds for for instant revocation. So,   failure to provide that inspection, those  sales of the flavored tobacco products,   selling to miners, substances, and cannabis.  Okay, perfect. Thank you. I'm not seeing it yet,   but I will trust you. I I haven't been able  to find that particular section on page 17,   but I know there's a lot of pages, so thank  you. I'll move on to another question here.   Um, are going back to when I was trying to do  this earlier, can we set up a definition of a   smoke shop or tobacco shop? So that includes  smoke shops, t-shirt shops, gift shops,   and it's not based on the retail space because  they can just put a small little sign that says,   "I've got illegal stuff in the back." Right?  Can they can we base it off their sales? So,   we're gonna have to trust their sales. But if if  more than 50% are t-shirts, then I can see that  

that's a t-shirt shop, but most likely they're  not selling that many t-shirts, right? So,   can we do that? because then it's going to help us  making sure that as we're we only potentially are   going to be voting on 50 retailers so that we can  help save some more of the mom and pop shops that   are selling other foods and then maybe tobacco  is a smaller section of their sales but they're   selling groceries or something else. So I'll  pause there. Can that be done? It's certainly   something we can study um and come back and report  on to the council. Um I think what we we did as we   were looking at developing the provisions for this  um how you regulate tobacco retailers, you know,   the difference between a convenience shop and  you're we're basically regulating the activity. Um   and we are proposing that within the new adopted  regulations that any new establishment would be   limited in the amount of display um because the  sales may not always account for for the area that   they're consuming. But certainly I think with the  additional measures that were discussed by council   member Wilson, we can come back and and see if  that would further strengthen um the ordinance.   Okay. Yeah, I still think San Francisco has it  where they're defining uh smoke shops or tobacco   shops. So to to differentiate that because again  that's what brought us to this conversation to   begin with were the illegal smoke shops. We we  were never trying to target the the mom and pop   shops that were selling tobacco there. Uh we were  targeting the illegal ones. Uh so thank you. Um, I know that we covered the she shisha, right?  So, we're going to remove that there. So,  

it's no longer uh exempted. Um, actually I I would  would like to uh discuss shisha. Okay. Okay. Uh   that's from the uh some of the emails that we  received from the American Heart Association   and others are are asking us to not uh add that  in there because otherwise we're actually going   backwards on Richmond's ordinance where we are  now allowing something which we were already   not allowing it. So with this update if we  voted as is we would be allowing something   that we weren't previously allowing. So  it would be undoing something. Um, and how long will it take to come up with a plan to  start going down the list and shutting down all   the illegal smoke shops that are and I look back  at the last meeting we had that's where the the   Excel document I was referring to is the city  of Richmond City of Richmond unlicensed tobacco   retailer analysis that had a lot of red.  Uh there's a couple of them in my district   that just are red all across and I want to see how  soon after today's meeting if we were to pass this   could we start putting together a plan. July 1 is  when it will start. That's when it will start. No,   it'll be in advance. The ordinance becomes  effective if adopted at second reading. March 3rd,   April 3rd. So the toolbox will be full and  but I think in terms of a work plan, you know,   it's something we're actively been working  on and I think hearing the conversation here,   we have additional direction and so we we plan  to be ready with a process and program by April   3rd. April 3rd. Okay, perfect. Thank you. And  then I know that there might be potentially one  

um available license after all is said and done.  What can we make sure because district three and   district one are the ones that have taken the  brunt of this issue? Right? You see the maps,   you see the data, and well, I don't want to  have any more smoke shops anywhere else or or   tobacco shops, but I feel like we we need to  share the love. and you share the pain. So,   how do we make sure that if people are applying  that we can kind of say, "Hey, look, District 1,   district three, there's already so many.  Go look somewhere else." So, the proposed   ordinance continues to include the distance  requirements from other licensed retailers,   uh, which is 500 ft, and then also the distance  requirements, um, from youth populated areas. So,   I think we're already finding that a lot of the  unlicensed don't meet that criteria that's laid   out in the current ordinance or in the proposed  ordinance. So, we think through that process, it's   very unlikely that any additional ones within the  district will be within districts one and three   will be able to reestablish. Okay, perfect. Thank  you. No other questions for now. Thank you. Anyone   else? No questions. What are we? Uh, we're still  doing discussion. Okay. I Yeah, just for clarity,   um, I'm I thought I would propose as an amendment  the stuff that I was hoping staff would come back   and make a recommendation about. Can I do that?  Okay. Um, so I'm proposing an amendment that we   ask staff to consider the recommendations that  were sent by the American Cancer Society via   email today um by the American Heart Association  via email and which was shared by Ursula that  

that email. And then also there was another  organization that asked uh for setting it to   to consider their recommendation that we set  a base price as well as a a base pack size for   tobacco items. So I'm asking that the staff go  back consider those and then come back with our   recommendation about whether those are adopted.  I say that well uh I'd like to uh discuss shisha   uh there's three kinds of shisha and and with with  with tobacco we there's there there's two evils.   One of them is nicotine. Uh and the other one is  the inhalation of smoke. So um so if it's only   nicotine that we're concerned with then uh we need  to know about the three different kinds of sha uh   cisha there there's blonde which is washed and it  has low nicotine and then there's another called   dark leaf shisha which is unwashed or washed  and it has a higher nicotine buzz. So um and   then there is a herbal shisha which is tobaccof  free uh it's made of real fruit, sugarcane fibers,   tea leaves. So uh so if we uh you know if we're  concerned about smoke getting into lungs then we   should just uh uh do away with she sh she sh she  sh she sh she sh she sh she sh she sh she sh she   sh sheisha but if it's tobacco uh if it's tobacco  nicotine that we're concerned with then the third   type herbal shisha should still be uh available to  people who uh uh do hookas as as a cultural thing. Lauren, given Mayor Martinez's comments,  I mean, I think if it's an herbal,  

would it even be regulated under  the tobacco retailers license? I think we would need to  look into this a bit more.   according to the definitions and how the  California Health and Safety Code treats   it. Um, I'm sure state has thought about those  things and creating the definition for it. Um,   but I'm I can't particularly say that I that  I have that answer, but it does seem like that   that third type then would be um an exemption  and then those other two would be restricted. Okay. So I would I would like that to be  considered in in the u uh making of of this   ordinance. Yes. So thank you. So I and and I'm  not an expert in this but I just Googled it.   Is herbal shisha bad? And it says yes. Herbal  shisha is bad for your health although it is   nicotine free and tobaccof free. Herbal sheell  seal produces harmful toxicants including tar,   carbon, monoxide and heavy metals because it  requires charcoal to burn. It requires similar   risk to traditional tobacco based shisha such  as heart disease, lung damage and cancer. The   smoke is not pure or healthier just because  it lacks nicotine. So just from a quick Yeah. Right. And that's that's also true of a a a  oak beam burned in your fireplace. Exactly.   I don't have a fireplace. Good. Good for you.  Yes. Um so one of the reasons that I proposed   an amendment to ask staff to go back and  look at this and make recommendations is   so that there's time for them to gather this  sort of research and come back. I I hope we   don't have to go too deep down the shisha  rabbit hole tonight. Okay. So, we have uh a  

uh a motion and a second. Mayor, can I  also clarify? Yeah. Can I also clarify   one thing that yes, staff will abide by the  timelines that are specified in the ordinance,   but in terms of practical implementation when  you will see potentially a surge of businesses   actually being closed, right? Um, as a result  of this, it will take administrative noticing   and and all of that. So I think it's realistic  that that will take some time and that by July 1   that all of that will be completed and in motion  and will have happened. So, if that's helpful,   because I feel like sometimes there's there's  a difference between when the administrative   process starts, the clock starts, and then when  you can actually implement the ordinance and how   to effectuate that in a way that is in compliance  with the law and in compliance with the interdep   departmental compliance and any notices to  cure and filing all the appropriate paperwork   uh in coordination with the city attorney's office  and the police department. Okay, understood. So I just want to clarify something. Are you  going to make another motion for to um approve   the recommended action? Is this separate and apart  from the recommended action? So okay. So this   is just your first motion. Yeah. So I'm I'm not  looking to like derail any timelines. I was just   hoping that we can formally ask staff to consider  the things that Yeah. But I just want to know   whether you're going to approve the first reading  of the ordinance as drafted tonight. When will I   personally be voting yes on that? No. Was there  going to be a motion made? Oh, no. My motion I was   just trying to do a little amendment to I I don't  know the structure of this. I I just want to get  

this idea across. I understand. So an amendment  you are uh changing the Oh. Oh. So are we I   thought we would just this would be an add-on to  the overall thing that's in the agenda. Yes. Okay.   That is what I am trying to do. Okay. So we need  a motion for the recommend recommended action. So   you you say the recommended action plus Okay. Oh.  Oh. So I'm doing it all a combo right now. I get   it. Thank you. So I am making a motion that we we  approve the recommended action on the agenda with   the additional amendment that I put forward  for the staff to consider these three expert   organization recommendations. Can you repeat the  organizations? Uh American Cancer Society that   sent an email, American Heart Association that  sent an email. I'm sorry I didn't capture the   full name of it. It had LGBTQ in it and that was  verbally commit uh uh said that they wanted us   to consider setting a based price. This is just to  consider these things not to adopt them. I second. So we have a motion by council member Wilson,  second by council member Brown. Okay. Council   member Brown. Yes. Council member. Yes. Council  member Jimenez, yes. Council member Wilson, yes.   Council member Zepa, yes. And Mayor Martinez, yes.  The motion passes with Vice Mayor Robinson absent.   Thank you, Mayor and Council. Thank you. Thank  you. It's good that Avery left. Our next item

under public hearing is item P2 P1 sorry 7 9 30  and that is to hold a public hearing to introduce   an ordinance for first reading amending  Richmond municipal code article 6 building   regulations chapter 6.02 02 by adopting the 2025  California Building Standards Code with noted   local amendments. We do not have any in-person  speakers. If there's anyone joining us online   that would like to address the council under  this public hearing, please raise your hand. So,   staff report, please. Yes. Good evening,  mayor, council members. Lena Velasco,   director of community development, and I'm  joined this evening with George Kabanov,   who is our building official, and we'll  be doing the presentation this evening. Good evening, um, honorable  members of city governance and,   um, Richmond residents. Um, we're here tonight  to look at the building codes formal adoption and the recommended action is to hold the public  hearing which we're doing right now and adopt   um subsequently adopt the current California  building standards as the building code of the   city of Richmond. And the purpose of the building  standards are to you're probably well well   aware to protect the public health and safety.  That's the number one goal of having a building   department having um entire workforce dedicated to  health and safety of the built environment. also   to prom promote accessibility and equity supports  sustain sustainability and energy efficiency and  

to ensure uniformity and compliance. Basically to  provide a level plane for the people when they're   building to abide by the same standards and those  to be driven by safety and the current knowledge.   And also the building codes need to adapt to the  local conditions. And that leads us to the next   slides. Why do we need to have updated codes?  In a nutshell, all natural hazards to the built   environment are present in their most severe form  in city of Richmond, including seismic floods,   fire. So on the climate um side, we're in  climate zone three, which is pretty good,   but still have plenty of rain. Um we have fire  severity zones and on house population on the top   uh topographic side. We have all kinds of  different terrains. runoff is um then collected   and there are places with within the city with  within flood zones. Actually we have all of the   um flood zones present um in the city on  the geologic um site we have because of   the nature of the location a lot of the soils are  aluvial soils and um you'll see on the next slide   um expansive soils also places susceptible  to liquefification during earthquake   And the purpose of the modern codes codes building  codes are to incorporate the latest knowledge into  

standardized method of um construction and  enforcement. On the next slide um you we can   see some illustrations of the hazards. This one  is um shows that the zones within the city which   require geotechnical investigation because they  most likely are susceptible to liqufification   during an earthquake. Um you can see pretty much  the entire city is blanketed. North of that um   northeast is the Hayward fold and then those areas  that are not within the liquification zone they're   in landslide zones. So next slide that when  you combine it with the folds we are surrounded   um Hward fold just cuts in the middle and  we're in between two other major folds seismic   um seismically active on the right side it's  just an illustration of the areas with flood   hazards. Next slide. And this one is the updated  fire severity zone which shows also we have plenty   of it as well. Next is an overview of the building  standards. Um all in all we have 12 parts of the   California uh building standards incl um those  include the administrative the building that's   California building code California residential  electrical mechanical plumbing energy wildland   urban interface historical building fire existing  buildings codes green and um and the reference  

standards those 12 parts of the building codes and  they're based on national codes developed through   many years based on the current knowledge. Most  of them the building codes are developed now by   um international international code council ICC.  NFPA develops the fire codes, the electrical,   develops the the plumbing code, the mechanical  and we have some California specific codes   um that are focusing on energy.  The green building code is also   um California specific and administrative code.  So the way it's developed is the state agencies   like the building standards commission  the um HCD housing community development   um pad they look at the model codes what was  developed by the um code council the NFPA and then adjust that for the local conditions because  California has some of the most seismically active   um areas within the country. It has other um  climate conditions that need adjustments also   based on the um other factors. We amend the  building codes and um so the state agencies   adopt them and we're the enforcing agency  for u all these state agencies. So that's how   um the building code works. What is um interesting  in this code cycle the the building codes are  

updated every three years. in this cycle. Um,  something new is the new book part seven which   is the California wildland urban interface codes.  A lot of the regulations were already there but   because of the um LA fires people realized those  um hazards are pretty significant. So all the bill   um the codes developing um bodies within  California and nation nationwide um they   pulled all the sections related to fire expanded  and made it into its own book which um consists   of California code of regulations title 14 which  has the minimum fire safety regulations. It has   portions of the California fire codes for the  defensible space. Um portions of the California   building codes which pertain to how buildings  are built especially on the exterior envelope,   how to protect a building to fight on its own. Uh  because until now the emphasis was to rely on fire   suppression. do as much as possible to delay  the process but wait for the fire department.   Now the emphasis is people realized during those  massive fires there's not enough time for the fire   department to attend to all of the fires. So now  the emphasis is the buildings need to fight the  

fire by themselves even without the um even when  the fire department is busy saving people's lives   and doing other things during that such disaster.  So that was the the main driver of this code.   Also the reason for adopting it because whether we  adopt it or not we have to enforce the the current   code but the amendments um are important and also  the appendices um if we don't adopt them they're   not part of the building codes of Richmond. And  in terms of um local amendments, most of them are   still the same. We already uh you've looked at  them in the previous cycle. The only new thing   right now is the introduction of legalization  pro uh program for residential construction. And   the reason for that is because we have a lot of  illegal construction and people are afraid to come to come um forward and try to legalize it  first because construction is expensive.   But once we once they realize, well, in  addition to the building permit fees,   I I need to pay three times that amount. That's  four times. They try to stay under the radar. And   what happens is we only discover that there  was an illegal construction after it's too   late. there was a fire, let's say, because of the  faulty electrical, they did it without a permit   or some other reason that was done without  the benefit of the permit. Then something   bad happens and then that's how we find out  well it was illegal construction. So in this  

um local amendments um we try to provide a  path forward something that will encourage   compliance and that's the main driver for  this um for this new section. Next slide. I'd like to use this opportunity to remind um  the public at large when a building permit is   required. It's pretty much anything you do to a  building or structure requires a building permit.   It's the first one is obvious. New construction  when you build a new building obviously need a   permit. Um when you do structural changes to the  building or structure when you do alteration to   any of the systems of the building be it's  electrical uh plumbing mechanical and also   for major renovations. The only instances when  permit is not required is when you do something   um cosmetic like you're just painting or  changing your carpet. that anything that affects   the structure, life and safety components  of the building does require permitting. So this is also an opportunity to uh provide  helpful information how to apply for permit.   It's very easy now with the new online system.  create an account, submit the application,   pay the permit fees, and and you have the benefit  of the permit. Next slide. For more information,   we have plenty of helpful information on the  website, um, references there. You can we  

have links to the building codes. Those are also  available online. If you search on many instances   um on the California um building stance commission  websites pretty much all the California sites   um have links to the building codes. We have  them on our websites. And next um this is also   in line with the strategic strategic goals to  improve qu um quantity and quality of housing   especially low-income housing also to improve  the quality of life in the community and health.   And the recommended action is um to hold the  public hearing and introduce an ordinance adopt   the 2025 California Building Standards Code  with a specified local amendments. And I'm a   um I'd like to address any questions you  may have. Actually, we're going to open it   to public hearing. Do we have any speakers?  We do not have any in-person speakers and I   do not see any speakers with their hands raised  online. Okay. In that case, uh the uh open public   hearing is closed. Now we can go to questions.  Do are there any questions from council members? Well uh u I have just one. Um you were  talking about uh u changing walls. Um,   so if someone had a doorway that they wanted to  close, would you need a permit for that? Yes, you   do. Yes. Okay. So, so, uh, even though it would  strengthen the, uh, the right, but and you may be   closing a required exits. Okay. All right. Good.  Thank you. I had a question. Yes. Go ahead. So,  

could you explain what the process is? So, you're  going to be working on an ordinance and then bring   it back, right? Or no, there is an ordinance  in your packet. It's one of the attachments   this evening that So, tonight is introducing the  ordinance. It'll come back for second reading and   then once adopted, it'll be effective 30 days.  But I think as as George noted earlier, I mean,   the new building code standards went into effect  January 1. So we are currently enforcing now the   regulations your municipal code will match the  code that we're enforcing and does provide these   additional amendments that we're proposing. Right.  So when it comes back that's when the public could   make comments. No, the public hearing is this  evening. So but you said it will come back and   then for a second reading, but the public hearing  is this evening. So what does second reading mean?   It'll be on consent. Yeah. An ordinance requires  two readings. Um, so this is the first reading   tonight and then there's a second reading for  final adoption. What is the point of second   reading if the public It's required by it's  required by state law for there will be no   public comments. It just doesn't make sense. There  can still be public comments on the for second   reading. It likely will stay on consent, but the  public can still comment on it. But we're adopting   by reference the state building code, right? We do  this. We do how often do we do this? We do do this   every year. Every three years we we we do this. We  do this as a matter of course. Every three years,   right? But it's a standard administrative  action. Okay. I'm still a bit confused why   it comes for a second reading if public comment  does is not effective. Yeah. It's it's required   by state law. Interesting laws we have. Okay. And  it it also gives the opportunity to the public to  

um if they have any questions we can address  them, clarify how it works and why it is in   place and that is also part of the process. Um why  we have two hearings. First people get acquainted   with it and then later may they may come back  with um questions. Yeah, it's sort of like due   process like just to make sure the public is  just one quick question about enforcement. So,   uh do contractors know about these laws and  it gets enforced or what is the enforcement   mechanism? Yes, contractors definitely know those  laws and if they don't follow them, they they they   shouldn't have a license can jeopardize and lose  their um licenses. Uh first of all we also have   u public outreach um next in a couple of weeks  we'll have a presentation for specifically for   contractors to inform them and in general  yes when to pass the to get the contractor's   license you have to take the exam most of  the questions are on building codes what is   when permit is required, what are the codes,  technical um questions, things like that. So,   how how do they get updated about this if they  got their license 10 years ago? Well, well,   it's you're absolutely right because some  of them come back with proposals that are   based on previous codes. That's why we have the  plan check procedure and inspection procedures.   That's when we tell them, hey, um, this is an  outdated code. You have to comply with the current   code. Now, and then it's also part of the business  owner's responsibility to stay present on what are  

the requirements for their specific sector or  trade that they're implementing. It they're all   it's part of the contracting process and licensing  that you have to be familiar and stay updated with   the code because it's constantly evolving and  getting better. Okay. Thank you very much. I uh   move the ordinance amending the Richmond Municipal  Code uh article six building regulations chapter   6.02 by adopting the 2025 California Building  Standards Code with uh noted local amendments.   I second it. Okay. Council member Brown. Yes.  Council member, yes. Council member Jimenez,   yes. Council member Wilson, yes. Council  member Zapeda, yes. And Mayor Martinez,   yes. The motion passes with Vice Mayor Robinson  absent. Thank you, council. Thank you. So,   we have 10 minutes left. Um, which is not enough  time to do your item, but we can extend. So, so we   need a motion to extend the meeting. A motion  to extend the meeting to finish the I second   that. Okay. So So we have a motion in a second  to extend the meeting to hear the last item. Council member Brown. Yes. Council member  B. Yes. Council member Himenez. Yes. Council   member Wilson. Yes. Council member  Zepen. Yes. And Mayor Martinez. Yes.   The motion passes with Council Me Vice  Mayor Robinson absent. Okay. Item Q1.

Okay. Go ahead. See, hold on one second. is  to direct the city manager and city attorney   to study and bring an ordinance back to the city  council that establishes a safe walk zone along   the 23rd street corridor with identification  of child sensitive areas surrounding schools,   parks, libraries, and other youth serving  facilities. We had 11 people to sign up,   but I believe most of them are gone. If  there's anyone joining us online that   would like to address the council on this  item, please raise your hand at this time. Should I go ahead? Go ahead. So, um, KCRT,  can you pull up the PowerPoint, please? Okay. So, good evening everyone. Tonight, I'm  bringing forward a policy discussion regarding   the potential establishment of a safe walk  zone along the 23rd Street corridor and the   identification of child sensitive areas.  This proposal is about safe pedestrian   passage and centering child safety and  shared public spaces. Next slide, please.   This evening, I'll briefly cover the background,  legal framework, the distinction between a safe   school zone and a safe walk zone, the proposed  safe walk zone, outreach, community impact,   existing enforcable laws, regional legislation,  and the action requested tonight. Next slide,   please. The 23rd Street Corridor is one of  Richmond's most historic and culturally vibrant   commercial districts. 23rd Street is also home  to many of our small businesses, transit routes,   families, and some of our local schools. However,  for more than two decades, persistent street level  

sex work activity has created ongoing concerns  about pedestrian safety, other criminal activity,   and exposure of minors to disruptive public  conduct. Residents and businesses residents   and business owners have shared that this is an  issue that impacts their quality of life, economic   stability, and the ability to safely move through  their own neighborhoods. Next slide, please. In 2022, Senate Bill 357 repealed the offense of  lording with the intent to commit prostitution.   That meant enforcement could no longer be  based on appearance, clothing, presence,   reputation, or perceived intent. Enforcement must  be strictly based on observable conduct. However,   SB 357 does not prohibit enforcement of existing  behavioral-based public safety laws. Any action   taken must be grounded in documented conductbased  violations. And this proposal and this proposal   respects that framework work fully. Next  slide, please. Safe school zones are an   existing concept recognized in public policy.  They create protective buffers around schools   and prioritize child safety in concentrated areas.  A safe walk zone would extend that concept to key   pedestrian corridors that connect schools,  parks, libraries, and youth serving sites.   It does not create new crimes. It does not  create new penalties. It simply prioritizes   enforcements enforcement of existing laws in areas  where minors are present. Next slide, please.   The proposal establishes a defined safe  walk zone along the 23rd Street corridor and  

identifies child safety areas near schools, parks,  libraries, and youth serving facilities. The guard   rails in place is that enforcement is limited  strictly to observable conduct. So no enforcement   based on clothing or presence, no profiling,  no new crimes, no new penalties are created.   This narrowly tailor behavior-based enforcement  and compliance with state law. Next slide,   please. The corridor is surrounded by some of  our schools including Richmond High School,   Celians High, Grant Elementary,  J Ford, Caesar Chavez, Downer,   um Welen Park, and Humphrey Playot. Wendell  Park, I'm sorry, in the Humphrey Play. This   is important because children should be able  to walk to school and community spaces without   exposure to unlawful public conduct. Next slide,  please. So, from October through December 2025,   myself and a few volunteers conducted some  preliminary outreach along the 23rd Street   corridor and again in January 26 during  human trafficking awareness month. Over 40   businesses and multiple residents were surveyed.  Participating businesses were giving options to   have decals brought back to them to display  support for corridor safety. Also, quarterly,   my volunteer teams conduct cleanups along the  corridor and surrounding alleys. This effort   began with listening. If this item moves forward,  formal ordinance development would include a more   structured city-led outreach to ensure community  voice remains central. Next slide, please. This   is the decal that was selected by business  owners themselves. It represents their request   for visible partnership and corridor safety.  Small businesses deserve safe storefronts and  

residents deserve safe communities with consistent  public space management. Next slide, please. Community impact. Since the repeal of the lording  statute, officers can no longer intervene based on   suspected solicitation. Enforcement now requires  a separate observable penal code violation. Street   level sex work activities activity remains highly  visible along this corridor. Residents continue   reporting concerns about expo exposure near youth  spaces and children continue to walk this corridor   daily. Next slide, please. Within a safe walk  zone, enforcement would rely only on existing   state laws. And some of them include, as you see,  Penal Code 314, Penal Code 647A, Penal Code 415,   Penal Code 647C, and Penal Code 647F. Again,  this proposal does not expand criminal law.   It simply prioritizes enforcement of existing  law in child-sensitive areas based strictly on   observable conduct. Next slide, please. So,  cities across California are recalibrating   their public safety approaches following SB  357. Oakland, San Francisco, Los Angeles,   and San Jose are all implementing corridorbased  strategies to remain compliant with state law.   Richmond should take this legal ground  approach as well. Next slide, please. So,   tonight I am asking the council to direct the  city manager and city attorney to study and   return with a compliant ordinance to establish a  safe walk zone along the 23rd Street corridor and  

identifying child sensitive areas. Again, I  would like to hyper emphasize that this creates   no new penalties. It simply centers our children's  safety that aligns with state law. Thank you. Yes. So, do we have a public comment?  Um, yes, we do. As I call your name,   can you please occupy the seats  behind the speaker's podium so   that I know that you are here?  Cordial Hendler, Claudia Citroen, Rosio Martinez, Mark Wasber, Benio, Bobby Bird,   Lebron Coloulton, Oscar Garcia, Barbara  Rapati and Lil Leilani Bailey, sorry. So, um, for the record, good evening, uh, Mayor  Martinez, Council, for the record, I am Cordell   Hendler, and I'm a Richmond resident. So, I  do want to acknowledge Dr. Brown for bringing   this item forward because as I was looking at the  presentation, some of the schools that have been   impacted by um, human trafficking, because I have  observed it myself, and I have called the police   twice to report it. And so, this with this being  a a safe walk zone. So, I'm in full support. So,   I want this council to approve this item as  presented. So, one of the other speakers,   uh, she left and she said that she brought that  she has seen prostitutions along 23rd Street and   it's becoming an issue because for me, the reason  that the businesses have left left that corridor   is because of human trafficking. And it's and  it's unacceptable because you got student you   got children that have to cross to to and get  to school and it's not fair to me as a not only  

I'm a Richmond resident but I am an uncle to  nieces and I have concern about their safety.   I don't want them to go anywhere near where um  a a tra a human trafficker has been there. It's   unacceptable. We need some better lighting in in  that area. So, I'm asking that the council can   approve this item this evening so that way a city  staff can work on it to bring this ordinance back   to this body at a at a month notice. So, with  that, I'm finished. Just approve this item. Claudia Citroen. So I have u lobbyed for uh zones like  San Francisco has St. Jackson Street   uh established during COVID. It's resident zones  only. They're very successful. On our block we   have a family. They have children. They are  not letting them play outside. They are not   outside because they're afraid um the kids get  shot. Or the other day he took his teenager girl   to an event at the Kennedy High and they drove up  24th Street at 700 p.m. and there were 10 hookers   wearing bras and gestrings and the girl was like,  "I don't want to go to school at night anymore."   So um besides the safe street zones, we not  only need bike path, we really need streets   which interrupt uh fast traffic and create walking  zones, play zones. We have those teenagers who   get w vapes. They have also scooters. I much  rather have them sip around the scooters on   in the middle of the street than being run over  by a car that getaway. The other day there was  

a shooting on 22nd Street. The these guys take  Gainor Street to get away because it's one of   the few streets without the speed bumps.  So we need to do more. We need to really   um in include um building and planning and the  bike coalition to really plan um safe neighborhood   zones where seniors can walk their dogs. We have  people walk our dogs at night and they have to   pass by the the John's and the John's have, you  know, guns in their cars. I know it because I'm   out there which Miss Dr. Brown kind of gets  the emails from me with all the photos of the   girls being out there. Um, please kind of think in  terms of uh go to San Francisco, look up um great Our next speaker is Barbara Rapati. Praise the Lord everybody. My name is Barbara.  Good a good evening council members, mayor and   um everyone here. My name is Barbara and I am  representative from Victory Outreach Richmond.   um serving under the leadership of Pastor Tony  and Sister Janie Venuela located across from   Richmond High at 2290 Sanford Avenue, St. Pablo,  California. I am here tonight to voice my strong   support for the safe walk zone ordinance.  Our ministry serves directly in the heart   of this issue. Every week, our Twilight Ministry  stands on 23rd and 24th Street. We see firsthand   what takes place there. activities that that  no child, no family, and truly no community   should have to witness. When we go out, we pray  for these women on the streets. We remind them   that Jesus does love them. And we try to be a  source of hope in a place where hope is often  

not found. But the truth is, these streets were  never meant to be dominated by exploitation, fear,   or unsafe behavior. They belong to the children  who should be able to ride their bikes freely.   They belong to the families who should feel safe  stepping out of their homes in front of their   doors. They belong to a community that deserves  dignity, peace, and safety. There is no secret   about what takes place in that area. It's it is  uncomfortable, alarming, and heartbreaking to   walk outside with small children and see loot  acts or sexual misconduct happening in broad   daylight. No family should have to explain those  things to a 5-year-old on their way to school.   No parent should have to fear simply walking their  own sidewalk. That is why we are locking arms with   our city here today. We want to see these streets  reclaimed. We want them restored to families,   to the residents, and especially the children who  deserve safe passage in their own neighborhood.   Victory Outreach Richmond stands firmly in  support of the safewalk zone ordinance. This   is not only a public The uh the clock stopped.  No, it'll catch up. Oh, it'll catch up. Okay,   hold on. Let me pause so you can save your time.  Praise the Lord. Okay, come on, Jesus. Go ahead.   Okay, Jesus going to win every time. Amen. The  Lord's working with you. I know. That's right. So,   we are here and we are ready to partner with  our city to close down these streets of harmful   activity and open them back up to safety, hope,  and community pride. Thank you for your time and   thank you for your attention and fighting for our  city. God bless you all. Jesus loves you. Our last

Okay, our last speaker is Leilani Bailey. Uh, good evening to our mayor and our city  council. Sorry if I'm not looking directly   at you. My name is Leilani Bailey. I am also um a  Richmond resident as well as a member of Victory   Outreach Richmond, an extension of Victory  Outreach International that is the largest   urban ministry in the world. I come in favor  of creating a safe walk zone on 23rd. The great   concern is prostitution, human sex trafficking on  23rd and the residential area of 24th Street. Our   ministry goes out to speak to the young women  prostituting and we address them as twilight   treasures. That's somebody's daughter, somebody's  niece. They are they are lost souls and we rescue   recover and restore with the love of Christ the  word of God and a place for them to live and grow   to their full potential. It if the blade is shut  down this will eliminate the unsafe misconduct   and human trafficking that goes on not only at  night but now in the early day. Victory Outreach   not only wants to bring forth the problem, but are  here to bring support and solution with the co-ed   Christian men and women home that we offer that we  have in place that is free. Though SB 357 has made   it difficult to address loitering tied to sex,  we still can make our streets safe, protecting   the survivors as well as our neighborhoods. We  don't want our children to be influenced to think   prostitution is another avenue of income or play  a part in the missing children that are stolen   and forced into human trafficking. Shut down  the blade. Our children should not have to walk   past public nudity, lewd acts, and sex activities  while walking to school, to the store, or to the  

bus stop. Shut down the blade. We are out there at  9:00 at night, 1:00 in the morning. We are talking   to these young women, but it really hurts my soul  to just be driving by and seeing these young kids   going to school and these women that have almost  nothing on. Your time is expired. Thank you. Thank   you. And that was our last speaker, right? Um  questions, comments of Council Member Wilson. I quickly want to say I recognize there's a  problem with street prostitution in in our city   and I do think we as a city are responsible  for finding a solution. I am not convinced   that this is the approach that I think we should  take but I but I I appreciate you bringing this   forward. So I hope you'll accept these somewhat  critical questions in that spirit that I hope we   can find a way to approach this that that is  effective. Um my first question and maybe my   most fundamental is why are you focusing on  increasing enforcement of existing laws that   penalize women the sex workers and not the men who  hire sex workers or the men who profit off them. Thank you. That's a great question. Um I think  that it's not a this or that. I think it's a   this and that. We have to start and address.  So February 3rd after our council meeting,   I was at the burrito truck. A lady was literally  completely nude with only flip-flops on. That's   an issue. We can't We still have the opportunity  to go after exploiters, but we also have to not be   so naive that we think that everyone that's out  there are victims of sex trafficking. Yeah. So,  

you have to be honest with that. So, if we if  we're going to tell the truth, we have to tell the   whole truth. And that whole truth is not pretty.  And I think that this is the reason why SB 357   has made it more difficult for law enforcement to  even do their jobs. And so, this is a segue around   things that already exist that we can enforce.  That same woman that was completely nude with   just only flip-flops on. And listen, if you get  on Miss Claudia Citron's uh email, she'll send   you pictures, videos nightly. And I think it's  very dangerous for her to do that. Always tell   her to be safe. But it's it's happening. And it's  happening in right in not in our backyards, but in   front yards. There are families that are saying,  "My kids can't even go outside and play because   they're turning dates, completing dates right in  the driveways, throwing their condoms in folks   gardens, the whole nine. I live in District One.  So, I go out and I see it every single day." And   it's it's so frustrating that I have a 16-year-old  boy that I have to tell to close his eyes when   we're driving down the street. That's a problem.  Y So if you do enforce increase the enforcement   of these laws and you arrest a woman one day,  what prevents her from returning to the same spot   the next day? Yeah. So I think that's what the  best uh part about this is that we'll that I'll   have city support with um with completing these  investigations because I don't have the answer   to that. I think that's a a PD question. Um, as  far as that goes, um, we know that it's that we   have to do something about it and that it's a  state law that exists. Indecent exposure. Yeah.   I I'll just stick to my question. I mean, I have  I would like to discuss, but I'm going to stick  

to my question because I would get yelled at if I  start start conversing with you. Um, if we create   a special area, you know, around schools around  23rd Street, what's to prevent the the sex work   from just moving a block to the east or a block  to the west into the residential neighborhoods?   I think we've had experience with that when there  was increased uh sort of attention to the 23rd   Avenue. I saw on social media that the neighbors  were alarmed that the the work just so again the   the in approaching this as something that can be  handled by law enforcement arresting the women   who are you know engaging in lewd behavior  etc. Um it's a little bit like whack-a-ole.   They'll be back the next night. They'll move  a block over or am I wrong? So I mean that's   that's no guarantee. That's your perception.  Uh, I think that's again a PD question to say   if arrest is the initial thing. Maybe they'll  cite the person or what have you. But also, um,   I'm 39 years old. I went to Richmond High School.  That's been an active blade. That's why we say   blade because that's been an active blade for over  two decades, the 23rd Street corridor. And yes,   it is moving into residential areas, which is  why we've asked the coun or the staff to identify   child- sensitive areas. I agree it's a problem and  I agree as a city we should have have a sustained   um way of addressing it. Again, I I don't think  that that what you've proposed here is going to   work. Uh I think it's it's just going to move the  people around and not really address the public. I   don't think it's going to move the people around.  Councilman um Council Member Wilson, I think that   it's going to address a problem that is going  to happen regardless if we do something or not.   I don't know how long you've been in California,  Richmond in particular, but I've been here. I'm a  

fourth generation Richmond resident, and you can  ask anybody. go to. I spoke to over 40 business   owners, even from the U-Haul place that they're  actually breaking into the U-Haul, using that as   um room, plugging up their appliances to recurl  their hair in front of their shop. These are real   situations that are impacting business owners  and community members every single day. And   until we as a council do something about it, it'll  continue to happen. I I agree with you that it it   it's affecting business owners and I certainly can  see um you know both from people who spoke and and   from the logo that you showed that you've been in  conversation with the business owners to create   to craft this response and community members and  community members. Have you talked to anybody who   works as advocates for women who are and and and  this was the approach they recommended? AB Well,   I didn't ask them what approach they recommended.  I figured that this was a great approach in   protecting again centering our children's safety,  safe passages to school. I worked for Community   Violence Solution as an anti-human trafficking  specialist. So my eyes I see things very   differently than probably that you would see. Um  but also we will not neglect the fact that these   women need support. So when we when we are able to  get them just like these women, when you're able   to reach them, then we can start um we can start  with trying to change them and change their minds   and things like that. But until we get to that  point, if we continue to leave our corridors open,   it's going to worsen the situation. It's not going  to go away. We don't have to vote in favor of it   tonight. It's still going to be you. We can go  get tacos after this and I can guarantee you we   can sit and I'll show you. So, so just to be clear  that that the the the convers the though you've   had conversation I know you professionally  work work work on these issues but there's  

no sort of women's violence groups that have  have signed off on this particular approach.   So, I haven't had any um support partnering groups  that have signed off on this. My instruction when   I reached out to staff was that first before  continuing to reach out to departments and and   partners is to bring it before the council, have  the council direct the staff to go study. Okay,   that's fair. Yeah. And then once that happens and  the ordinance is created, then we can start adding   the additional components. That's my next question  is is that I again I don't see any reference to   like this being done in conversation with the  police or any other sort of decision. Well,   I was instructed again not to that was putting  the cart before the horse that it was and I don't   know maybe city manager you could speak more  to it. Yes, I did um in consultation with city   staff and the city attorney's office, we did  recommend that um council member Brown take a   two-step approach to this and that first getting  city council's consent for staff to work on this   as a policy matter and then we would uh work uh  per the direction of the council as a whole to   implement the direction of the city council in  a coordinated matter. All right. Thank you for   answering my question. Absolutely. Council member  Jimenez. Yeah, I I am glad that we are talking   about this and as um council member Wilson said um  there is an overdue to resolve this. Um I think I   just one of the things that I feel like is is  confusing in in this in in what I read in the   agenda is that it's solely focused on enforcement.  Uh but what I heard from from you and what I  

heard from some of the comments is that is it's  about more than enforcement. Um I know that SB   um SB 355 355 357 357 um one of the intent was to  stop crime criminalization of uh the uh these uh   the community members or people who were involved  in in these kind of activities of prostitution.   and go and and just kind of like start profiling  then. So um and and before that like the thing   is that as as you said uh this problem has been  for decades. It's not like new and it was before   SB the the California law passes and we still  have that. So one of the things that it makes   me think is that um only enforcement uh won't  work because it has been you know there like it   had is happening for for many many years and  um I think like it's it's an holist holistic   uh how how we holistically address this this is  the key question. So I I I just wondering could   you elaborate more what are what are you hoping  to get more like more police there or what are you   hoping when you said and and what are you hoping  that happens and the implementation of this so I   can understand more where you are coming from with  this. Yes. So I'm hoping for attention to a very  

visible situation. I'm hoping that we see a woman  who's completely nude. We're not determining that   she's out there sex working because that would be  profiling. But we are going to address the fact   that she's out there without any clothes on and we  have our young people walking to and from school.   This is not happening at just 1 and 2:00 in the  morning. It's at 6 a.m. 7 a.m. I had a mom come   to me and say, "My daughter has to have a can  of mace and a pocketk knife because John's are   approaching her and she's afraid to walk from her  house to Richmond High." I don't think that there   is this is not about enforcement about critically  or overly enforcing a woman, but right is right   and wrong is wrong. And we these are adults.  Yeah. And once in contact with law enforcement,   they're able to make those decisions as to if this  person needs mental assistance, if this person   uh is being trafficked. Those are the we have  to we have to make contact in order to make   those discretions. We can't just simply sit  back and say we don't want to profile anyone.   We're going to turn a blind eye to what we see  happening in our neighborhoods. If you don't   live in our neighborhoods, don't tell us what's  going on in our neighborhoods. Don't tell us how   to address or take care of our kids. These are  elementary school kids who are asking questions,   high school kids. Like one of the speakers said,  we don't want young teenage women to believe that   this is an alternative income. So, thank you for  that um that explanation. Um so I I am just trying  

to see like in action what happened. So there is  a woman who is uh standing there that maybe is in like new or something. So somebody is going to  call the police and the police is going what what   what is going to happen there like what what what  is the action there like like the woman going to   be taken by the police being arrested having like  what is I think we're I think we're overlooking   the issue and we're we're we're criminalizing  the issue without assessing it. First of all,   as a mental health clinician, as a therapist, if  I see a woman standing outside completely nude,   I will want to go assess her mental capacity.  That's first and foremost. You develop the rock   program. The rock should be out here. Okay. So,  you are there should be different there should be   there's this is a this is a initial step. This  is a first-step process of of us responding to   community members saying that we're no longer  going to be silent. We're no longer going to   close our eyes. We're no longer going to turn  our heads to conditions that are impacting your   family. Cuz if it's not at your doorstep, then  it doesn't bother you. But until we bring a lady   with her clothes off in front of your house and  your husband pulling up in the drive, then we're   going to probably have some problems. But it's not  h it's it doesn't hit home until it hits home. So   until it's impacting you in your daily life, it's  not a problem. We could this is what we we we are   talking here about how we address that. And and  for me personally, yes. Um I think uh we had to  

address it but we had to address it in a way that  we are not criminalizing more. So when like and   and then the thing is that I got confused because  uh in the agenda report and what all of this is   about enforcement and I think like I hear you  that you are open to say well we had rock we can   so there is other alternatives than police that we  can use so we address the issue and resolve it but   with a way that we are not uh over criminalize  our community. So I think like this is where I   what I want because one of the things can I can  I finish like and and then you can answer. Um,   one of the things that I always um hear and  especially also from the public works director   uh Danielle Chavaria is about the three E like  engineering solution which I heard some of the   people here talking about how San Francisco  San Francisco has done an incredible good work   uh around some of the streets with uh a traffic  calming initi initiatives to address prostitution   to make it more difficult and in Son Street  they block the streets they make so it make it   difficult so engineering education and enforcement  I think like the three is so I I feel like in in   this um agenda item the solution is enforcement  and I want maybe we can direct a stop to not only   look at that but look at it more more uh broader  because we have really good examples here of how   we kind of had been addressing like for instance  gap violence with office of neighborhood safety   that can be a model that can be replicate to  work with the the uh organization that work with  

uh uh with these kind of issues to address that.  So I I wanted to for us to think a little bit   broader and maybe if you are amenable to to add it  to your um um to your direction that not only look   in the size of enforcement but it look to like  for instance an evaluation of the physibility of   a community-based outreach and diversion programs  that can work with the community that is already   engaging in in these uh situation. So you can  have the the professional like that work in in   with these com these communities um to tell us  what else to do but also that we create a like   this give us an opportunity also and I thank  you for that to create a a a corridor safety   uh and recommendation about what engineering  solutions can be uh addressed. like can we can   have so that the safety because safety means the  prostitution is part but you also once the kids   feel safe to walk to the schools. Um and I think  like in the enforcement I I would like to have a   narrowly tailored enforcement framework and public  reporting and annual review of the outcomes. So   we understand that the civil rights are are no  impacted and we are no uh kind of like trying to   criminalize um the footer and I think like that  and and with a community engagement process. So   I I just feel like what I am reading is more about  the enforcement and if we can kind of like extend  

it so we can look at it more holistic. So we  because what what happened what had happened right   now is that they move from 23rd to 24 and now they  moving to 25th and I don't think like having more   enforcement is uh guarantee that is not going to  move to other part or or maybe other part of the   city because this other part of the city uh we  don't have that enforcement. So I I just like   want us to think through this so we can because  I hear you. I I completely agree that there is   an issue and we had to um to address it the way  is how we address it that is more comprehensive   and more holistic because just hitting heating  heating and to expect different results is not   going to when you just mentioned the three E one  of the E was enforcement. Who else can enforce   laws in our city? Police. If we have a social  worker approach these women and it could be a   combative situation or anything takes place, who  are you going to call? The police. So therefore,   we need to remind our officers that there are  already existing laws that are enforcable. This   is not profiling anyone. They're only moving  to 23rd Street and inside alleys and things   like that to escape police. To escape the police,  not to not for any other reason but to escape the   police. That's what people do when they commit  crimes. They try to avoid the police. So what   it guarantee us that they don't move in other  parts, you know. So I think like for over 20   years they've been in this part and that's what  we want to address tonight. Yeah. over 20 years   has been this and it has and and I don't think  like and and it has been always enforcement so  

we need to no it has not been enforcement we've  spent millions through all sorts of ent all sorts   of entities millions of folks addressing this  issue from a very compassionate place we have   partners and community- based organizations that  are out there you have a church group that's out   there when you're at home sleep. They're out  there engaging these women. So therefore,   we need to this we have to have compassion,  but we also have to have common sense. I just would like to finish with this. I think  uh one one thing is enforcement, but it's not the   whole thing. And what I want to us to think  about is how we did it stop today to really   take advantage of this to look into not only  enforcement because what I hear from the community   is that enforcement is one but we don't like it  it's kind of like we we know and understand that   these uh women's and men's who are there are  part of us and we don't want to criminalize   Then so what is the solution? So or or or maybe  you are saying that and then excuse me uh can can   the audience please? So I think is is is to add to  the enforcement these other components that allow   us to get in a place where we are with office  of neighborhood safety. I think like office of   neighborhood safety is a great example of how we  address the the gun violence and the and the young   folks. Excuse me. And the young folks who has  interrupting who has been part of that to decided   not to commit more crime and that is one of the  main things that we had the lowest homicides  

because these young men's had decided that they  don't want to be in their life. So that is what   I want also like that these folks that are doing  that are also deciding and we have an opportunity   so they can decided not to be in that life because  enforcement is happening then they will move   to other thing because there is no changing in  that situation of the life. So it's enforcement   engineering so we can make it a more difficult  long-term solutions an opportunity for these   uh those who are involved in that if they want to  leave out of that situation that we are providing   that that is all what we can't even get things  off of completed off of our CIP list. So when   you talk about infrastructure, I'm thinking like  light years away, five whatever years away. We're   talking about immediate solutions for a problem  that exists. And if we probably can have the city   manager or the police department like I've never  known, and again that's what I'm talking about,   community based organizations that already exist.  I've never known for a woman to be engaged and not   given uh resources. Never heard about it. So these  you're you're acting like people are just walking   or driving police patrols down the street and  they're going to just start locking people up with   a in a patty wagon. Like no, it's not happening  like that. People are engaged and they're offered   services. They're offered safe houses. They're  offered so many routes, but we cannot allow folks   who are homeowners, who are taxpayers in our  city, threatening to move and sell their homes   because we can't get on top of this. I've only  been in office a little over a year. This has   been an ongoing situation. I'm trying to figure  out why we haven't done anything sooner about it.

Council member Bono, thank you. I would like  to thank Council Member Brown for bringing   um this important issue to the attention of the  city council. And um I have a proposal that is a   compromise. So instead of bringing an ordinance  um which I don't think if it would be the best   solution as you know we had um Richmond task force  to end gender-based violence. One of the important   things they were working on was human trafficking.  Unfortunately they did not experience they had   some presentation here but they never got a chance  to bring their final presentation. I believe   it'd be a good opportunity for the staff to work  with them, including district attorney's office,   family justice center, who is fortunately now  is being led by our um former police chief,   Bisa French, uh Latina Center and Office of  Neighborhood Safety was a part of that task force.   Those are the people who have been working on  human trafficking for a long time. They have   firsthand experience without uh talking. For  example, the DA's office, district attorney,   they have a division for human trafficking and  some of them are working. I know Katrina who lives   in my district, she's been working on this. They  they have solutions from lighting to other things.   It's the time that we ask the city staff to  work with them and bring an array of solutions   and proposed to the city council instead of an  ordinance which I don't think would be because   if there was a quick solution we would have had it  by now. So I would like to suggest that we direct  

the city manager and city attorney to uh work with  community based groups um the circuit attorney's   office basically the Richmond task force to end  gender based violence and bring proposals and   solutions back to the city council to establish  that safe walk zone because we don't want to just   transfer the problem from 23rd Street to 24th  and and 25th. What is a solution? It's it's   very complicated. It takes the whole village  of different uh district attorney's office,   city's office, police, nonprofits, uh family  justice center. Let it all get together and   work it out. It's hard work, but it needs to get  started. I say on that. Thank you, Council Member   Seda. Thank you, Mayor. Council member Brown,  thank you for bringing this up. Um, you've taken   this up in your first year of office as a very  difficult conversation. I've been involved in the   community for many, many years. Um, I was involved  with helping to clean up one of the alleyways on   23rd Street, excuse me, and they dragged in a  mattress because it was dark and that was full   of needles and condom wrappers. So, this has been  an issue, as you're saying, for many, many years.   And a quick Google search will give you history  of Richmond through the media and 23rd Street   prostitution happening. And every couple of years,  there's stories that bring this up again and   again. And everyone's trying to do something. The  more that we do, we'll get there. And this is a   great way. One thing that I want to call out that  I don't know that everybody read correctly here,   you do say in your agenda item uh enforcement  of existing state laws. So, we're not making new  

laws. So, we're just going to enforce what we  have in there. But also in that same document,   a couple paragraphs down, just says, "Creating  an ordinance also encourages coordination with   outreach and support services when appropriate."  which is what I've been hearing, which is the   important piece of it as well. So, we want to make  sure that we have those that outreach that we're   not criminalizing more individuals, but they're  already doing something there. And this agenda   item that you brought forward has already started  getting people talking about what really is going   on again and what else can we do and doing  something is better than doing nothing. So, we   have to continue the conversation. I'm hearing my  colleagues and we have to do something. Definitely   not criminalize individuals and I don't think that  that's the intent. They're already doing something   that is potentially against the law should it fall  under any of these uh penal codes. We just want to   make sure that we're letting people know that  we're doing something and I agree. We're doing   uh other, but it's and so doing this and uh making  sure that we're providing services, making sure   that we're we're directing public works to doing  some engineering around it. We need more lighting.   Uh I've campaigned in the city of Richmond many  years and when we've walked around in this area   uh people do have taken me to the front lawn and  showed me the condom wrappers in their front lawn.   So that is not okay. That is a safety hazard.  That's just all kinds of hazards happening there.   So I see a lot of ants and we shouldn't be looking  at all the butts. So, what else can we do to make   sure that we're moving things forward and finally  doing something in the right direction? There was  

an article from two years ago that is saying that  local businesses are closing down early because   they're afraid of the John's and they're afraid of  the prostitution that's happening. So, we're going   against trying to bring in more revenue to the  city because street uh uh uh different stores are   closing. So Andyzonas is one that was put up in  the article. They've started closing down earlier   because they feel unsafe. So how are we providing  safety for the residents to cross the street,   to cross the school, to cross to the park, but  also making sure that we're supporting the small   businesses trying to stay open while everything  else is going on. So doing something is better   than nothing. Doing this is a great direction  and continue the conversation. I look forward to   seeing what we can bring forward as an ordinance  to continue this conversation. So, thank you,   Mr. Mayor. So, I have a substitute motion. Can we  take a vote on that? Um, did you make a motion?   No. Second. Can I What was the motion that was  made? So my motion is instead of an ordinance,   the city staff and attorney would talk to all the  organization that were involved with Richmond task   force to end gender based violence from district  attorney's office on human trafficking, family   justice center, latina center, office of neighbor  and many more. There were like more than 40   entities that and they already have worked on it.  So it's very easy to get a hold of them to get the   police experience. Peace of French is uh leading  family justice center so we get the view of the   police as well and come up with possible solutions  and bring it to the city council. Quick um point  

of clarification uh with council member Bonnet.  Is that the group that no longer exists anymore   that you were a part of? Cuz I don't want this to  be overshadowed with you trying to restore. No,   the task force does not uh work anymore, but  the Excuse me. Let me finish. But the district   attorney's office, human trafficking division,  family justice center is there. Please don't   interrupt. All the entities that work there are  still existing. I'm in touch with them. I'll be   more than happy to put the city of staff in touch  with them. They can and we can work it out. If you   want to bring their expertise and experience and  work of decades to the table and try to find the   solution, they are available and they'll be more  than happy to be built into the ordinance. the the   staff can study and see if that's if that's the  best approach to this situation. Um motion that   that's my motion. Okay. Okay. M Mary, I'd like to  make an a second uh motion or another substitute   motion to that there and being able to do uh  what is already uh presented in front of us for   uh the agenda item and then from there being able  to add to include conversations with different   community groups and including public works for  creative engineering solutions which is what I   am hearing all around. But this motion is going  to create this zone that we can really focus in   versus just having a conversation because I've  been involved with conversations with the DA   with various groups and they all have solutions.  They all have ideas, but this is going to create  

a place that we can really focus on. So that's my  motion. I second. Can I can I add something if you   would like to I I I have this motion because I  had been talking thinking about that and is if   we can have the creation of the safe wax zone  and further dedict to develop um a safe passage   and a community safety plan that includes one an  evaluation of the visibility of a community based   outreach and diversion program providing no law  enforcement alternatives for individual engaged in   prostitution or survivable survivalbased activity  including potential funding and implementation   auctions like the ONS model. Second, a corridor  safety uh recommendations uh improvements that   can be done in the engineering solution in  the that can can be part of the pedestrian   and bicycle safety. The third one uh that we added  to this uh an annual an annual review of outcomes   for the specific and targeted enforcement that  is going to be there and a community engagement   um that I think like uh council member Soela was  talking there is so many organizations that had   worked on this issue and none of them has say  anything about this particular uh has signed on   this particular um proposal. So I think like it's  time for like is it it could be an opportunity to  

engage then to create this safe zone uh with all  of these components enforcement engineering and   education and the education part is how we work  with the organization that are already working on   this and it maybe they can say some of the program  is another what was the amendment I didn't hear so I And so the amendments is uh uh to direct a  staff to to bring not like in the safety wax   on not only enforcement but that we consider  um to work with uh the organization that had   worked in in in these areas to see what kind of  programs uh we can have that we can co coordinate   that we bring uh some uh engineering solutions  like San Francisco has done it to make sure   that maybe the in the 24 where there is the  prostitution is happening how we can make it more   difficult for cars and all to pass around that.  and then uh an a a review of of uh a reporting   a public reporting of how this enforcement that  is h is going to happen there. Uh so we can make   sure that is no adding to more criminalization of  the community that is so it's it's is community   engagement education. So okay before we go on  uh can we can we have uh uh clarification on the   difference between an ordinance and a resolution?  I sure um an ordinance is codified like most of  

the time in the m municipal code it's a more of  a law resolution is something that encourages   or binds it doesn't doesn't bind the city in the  same way that an ordinance which is like a local   law does. Um so you can't enforce a resolution  necessarily. You enforce ordinances but so can we   go back? I'm so did are you clear on what motion?  So So I know we've got a substitute. Can we can we   understand what's on the what's on the table right  now? Yep. Yep. So council member Jimenez as what   you mentioned I that's what I said as well except  for the reporting and I I'm willing to take the   reporting everything else I mentioned as well  as long as my seconder accepts the the annual   reporting. Yeah. Everything that council member  Himenez mentioned council member Zapada already   included. Yeah. Yeah. So, I think we're we're  in the same page. You added a lot more verbiage   there, but I I got to the gist of I just want to  make sure that we are not passing this just to   criminalize uh the community. I think we're in the  same intent there. Uh one one other question. Um,   if we codify this for 23rd Street, it means that  uh enforcement elsewhere is not given the same   uh focus. So, so, so if it moves from 23rd to  another place, then we're still focused on 23rd   and not on the other streets. Could always come  back. Are you saying that it would you could be   more nimble by not having an ordinance, but by  having some form of a policy that you can change   administratively through through Can I clarify  something to the attorney? So, when we're talking   about the 23rd Street being the focus and then  we're talking about I also identifying the child   sensitive areas, wouldn't there be buffers that  extend? So those city blocks that we're talking  

about, because there's an elementary school one  block away, there's buffers that will cover all of   this. So the concerns of it moving or relocating  is going to be addressed if an ordinance is passed   with the buffers. Is that correct? Yeah. I  mean, I think you can Yes. So it'll be the   safe walk zone and child identifying areas where  kids are going to park schools and youth serving   facilities. Yes. And potentially if you do move  forward with an ordinance, there could be language   in the ordinance such that you know providing  some sort of administrative ability to change   the the the areas, right? If so it's not so rigid.  And we could do that administratively through the   city manager's you know procedures or some sort of  mechanism to do that. So it's not as I would like   that language to be included if that's okay. Yeah,  we want to make sure that we cover everything like   I said the the safe walk zone as well as the  child sensitive areas to be identified. And   I think we're all I think we're all trying to get  to the same place. So, I don't want to battle with   language, but I think we're all trying to get to  the same place, which is protecting our children.   Okay. So, are you good with the motion on the  floor? So, what's the motion on the floor? So,   the motion on the floor, I'll repeat it. So, the  motion on the floor is going to be to accept the   item as is and including uh to work with uh public  works for some creative engineering solutions.   uh have annual reporting and work with our  community groups that are already working on   uh the local uh prostitution issue. It's not just  community groups, it's different entities from  

DA's office to nonprofits. I think community based  organ community based organizations but but I I   want to add that the work with the community based  organization is to evaluate um uh a program that   can work to address the root causes of why we are  having prostitution there. Yeah. Right. Because   uh if we don't address that the prostitution is  going to move to other places. Yeah. Yeah. This   is why. Yeah. So, yeah, that's the intent. So,  can we just say community based organizations and   the DA's office because that's not a community  based organization, but they've worked a lot   on the problem and have the experience. And  we mustn't forget that uh the recommended   action is to direct the city manager or city  attorney to study and bring back an ordinance. All right, that's a motion that we got a  second. Yes, I second. You had a second.   Can I ask for a friendly amendment that at the  time that we send the staff away to study this,   we also ask them to staff to study if we're going  to enforce that it's enforcement towards the men   who procure women uh either who are managing  them or using or who are the clients. The Johns,   I don't think that's the polite term. What was  it again? Yeah. I don't like the focus explicitly   on enforcing laws against the women without  emphasizing an enforcement of laws against the   men. We can study all of them. We're just sending  them back to study. I mean like study those two,   please my amendment. Yeah, I'm good  with that. I don't know who's hands on   deck. Yes. All hands on deck. Okay. So,  the amendment was accepted. Yes. Thank

Good night. Council member Brown,  absolutely. Yes. Council member Bana,   yes. Council member Jimenez, yes. Council  member Wilson, yes. Council member Zapeda,   yes. And Mayor Martinez, yes. Motion  passes with Vice Mayor Robinson absent.   We got so much time left. What are we  going to do? Get your infrastructure. Whoa. So uh we uh have uh finished  um we we have no we we agreed to end   as soon as this was done. So we are now adjourned.