[{"_1":2,"_87":-5,"_88":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6684334,"mediaKeyId","2112849-06d17944fabb9eeb881d8adf343d3a35","parentId",2112849,"title","Sacramento council to seek end of 'healthy food' exemption for tobacco retailers; directs staff on fees and enforcement","audioSeconds",2063,"startMs",973000,"endMs",3036000,"viewUrl","/Search/View?dp=1&key=2112849-06d17944fabb9eeb881d8adf343d3a35&start=973&end=3036","thumbnailUrl","https://assets.pipeline.soar.com/2112849-06d17944fabb9eeb881d8adf343d3a35/thumbnail_973000.jpg","articleUrl","/articles/6684334/Sacramento/Sacramento-County/California/Sacramento-council-to-seek-end-of-healthy-food-exemption-for-tobacco-retailers-directs-staff-on-fees-and-enforcement","mediaUrl","https://secure.pipeline.soar.com/6684334-5b5b56c0eb190bed0f81f84c40f2a5cb/orig.mp4?Expires=1771179727&Signature=hVLtZ1pheMhiH8m1tDcGvhk8qWcHGwkVybwdnW1Ef9Gqr6cw8ldctYHIjKZs-ue5tuBliMaL2O2pkrdeM1f150LztDfHISftpC-B65m~Z6cnFGVe3goHXkBHptZASvodrkZ34zh8ljNAplPnqnw4qSNRo5vRlwg4jVzMj4mucQIDjkiilVcCk5f4EmB5JxrEtwcrFt96TmEa~PoG7bpJsJDeGa14Efy3lbXoG63fC8~hp3efzUsYLG9GksKCZU471asUJrqrGa5eJMxVZffI~zF9qsnXqEga~F1V5QVERBkgEUdDoW6-Nv4vpneKPCQAQI~alFD4AS~RFbvUmz0gqA__&Key-Pair-Id=KUT5TJCACFTXG","author","City of Sacramento","date","2025-01-14T00:00:00Z","article","The Sacramento City Council discussed a staff report on city code changes to tobacco retailer licensing and directed staff to return with proposed ordinance language to eliminate the 2020 \"healthy food\" exemption, adjust license fees, and strengthen enforcement.

The report from the Community Development Department showed that the number of tobacco retail licenses in the city rose from 240 when the last amendment passed to 311 today, an increase of 71 licenses. \"Of those 71, 27 open using the healthy foods exemption, while 44 were able to open without that healthy foods exemption,\" said Sean Bartos, Community Development Department, during the presentation. Bartos also said code enforcement issued about 300 notices of violation for flavored tobacco after the initial ban.

Council members and public-health advocates said the exemption had not achieved its stated goal of increasing healthy-food access and had become a loophole that increased retailer density. Rachel Alvarez, vice chair of the Greater Sacramento Smoke and Tobacco Free Coalition, urged the council to remove the exemption entirely. \"We urge this council to remove the healthy food exemption in its entirety from City Code,\" Alvarez said during public comment. Kimberly Bankston Lee, executive director of the Soul Project, said the exemption \"has not increased access to healthy food\" and cited state data that local tobacco retail density remains high and disproportionately close to schools.

Councilmember concerns and staff responses

Councilmembers pressed staff on how the exemption had been enforced and whether stores actually carried meaningful healthy food. Councilmember Maple asked whether inspectors had verified store inventory; Bartos said inspectors visit each tobacco retailer twice a year and verify the minimum standards for the exemption are being met, but that compliance often consists of the bare minimum items (for example, sugary cereals or juices) that technically satisfy the ordinance. On enforcement, staff said a notice of violation typically gives about 10 days to correct deficiencies before penalties are pursued.

Mayor Pro Tem Guerra led council direction to staff, calling the exemption a failed experiment and urging immediate action. Guerra asked staff to return with ordinance language removing the exemption, to \"right-size\" tobacco retail licensing (TRL) fees so enforcement is fully funded, and to evaluate making TRLs nontransferable. As an interim threshold, Guerra asked that future prospective tobacco retailers in spaces smaller than 15,000 square feet and within 1,000 feet of an existing retailer would be ineligible for the exemption.

Vice Mayor Talamantes and Councilmember Vang voiced agreement with eliminating the exemption and adding restrictions on retailer density. Councilmember Dickinson and others recommended additional measures listed by community partners, including phasing out commercial tobacco sales over a multi-year period, clearer protocols for enforcement, and tobacco-waste mitigation funded by license fees.

Public comment and community context

Speakers from public-health coalitions and local residents urged stronger limits to protect youth and communities of color. Pleshette Robertson, a District 8 resident, urged phasing out commercial tobacco sales over three to five years and recommended making licenses nontransferable and increasing fees to cover enforcement and waste cleanup.

Councilmembers also noted geographic concentration of retailers in areas with worse health outcomes, mentioning District 2, South Natomas, Northgate and parts of South Sacramento. Councilmembers discussed the possibility that county policy would mirror the city's moves, as Sacramento's earlier ban on flavored tobacco led to nearby jurisdictions and the state taking similar steps.

Next steps

The item was presented as an informational report; council did not take a final vote on ordinance language. Staff were directed to return with proposed code changes to eliminate the healthy-food exemption, a recommendation to adjust TRL fees to reflect enforcement costs, options on nontransferability of licenses, clearer enforcement protocols (including notice timelines), and proposals for tobacco-waste mitigation. Council indicated an intent to consider phasing and implementation timelines when the staff report returns.

The discussion referenced prior action: a 2018 flavored- and menthol-tobacco ban, a 2020 adoption of the \"healthy food\" exemption, and state-level updates that will produce an attorney general list of unflavored tobacco products later in the year. The council indicated it expects staff to return with ordinance language and cost estimates for enforcement and mitigation in a future meeting.

Votes at a glance: none — informational item; staff directed to return with ordinance and fee recommendations.","mediaType","Video","parentTitle","City of Sacramento - 2:00 PM City Council (Amended Agenda & Supplemental Material) [Updated 01/13/2025 @ 2:32 PM] - Jan 14, 2025","oneSentenceSummary","The Sacramento City Council discussed a staff report on city code changes to tobacco retailer licensing and directed staff to return with proposed ordinance language to eliminate the 2020 \"healthy food\" exemption, adjust license fees, and strengthen enforcement.","taxTitle","Sacramento , Sacramento County, California","taxId",2896,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6684329,"Sacramento council approves interim city manager terms, sets $352,000 annual salary and asks interim manager to lead recruitment",755,3022000,3777000,"/Search/View?dp=1&key=2112849-06d17944fabb9eeb881d8adf343d3a35&start=3022&end=3777","https://assets.pipeline.soar.com/2112849-06d17944fabb9eeb881d8adf343d3a35/thumbnail_3022000.jpg","/articles/6684329/Sacramento/Sacramento-County/California/Sacramento-council-approves-interim-city-manager-terms-sets-352000-annual-salary-and-asks-interim-manager-to-lead-recruitment","https://secure.pipeline.soar.com/6684329-40c9d1e164790f7f6d272fd05b880da0/orig.mp4?Expires=1771179727&Signature=gAJ8Ye8ANhn7b05BNSdNYohwSY8kfl4bCKJ6TB62wEWIMcvfIzzkdEz2MJcwTjQ0iHHl4PdlHDmCc-GtNEv29PoO8xuTJK6I2N89J6w7BCyS5XnOF4iStBfFFNDGPsPUvEvf7XboEQSntUuUXinYql-rmzJqZUe0CCdj5Z65~o7pPZMohUZTF5VCl6U86~Qp4Z4XfXHzMCpNUeOXaJrPJjAYabvdZh2PsVlLh8xg9MDegv5SadO9aGx2eAYNFhRSXMGvodNbsYFur~zZemArnWEK~PblNIex7pCQbWOCSWkSRYXXpRbVaAS3iz3aWNtFyloiwkaTUoJrP~RMXuyiZw__&Key-Pair-Id=KUT5TJCACFTXG","The Sacramento City Council approved terms and conditions for Assistant City Manager Lainie Milstein to serve as interim city manager while the city conducts a formal recruitment. The council voted unanimously to adopt the resolution setting compensation and employment terms.

Mayor McCarty read the employment terms into the record: \"Lainie will earn an annual salary of $352,000 a year,\" and the resolution further provides that Milstein will receive the benefits available to the city manager under the Unrepresented Personnel Resolution, may accrue vacation beyond the 480-hour cap, and that any credited management time for calendar year 2025 shall not be forfeited. At the conclusion of the interim appointment, the terms allow Milstein to return to her previous assistant city manager position at the same salary and require her to assist the council in recruiting a permanent city manager.

Council action and public comment

A motion to approve the resolution was made and seconded; the council then heard public comment. Several members of the public criticized the timing and transparency of the compensation action and urged the council to consider broader management-pay adjustments amid the city's budget deficit. Henry Harry said the meeting timing limited public participation and called for more public discussion about management pay. Other public commenters offered both praise and criticism of city leadership and past conduct.

Council members expressed appreciation to Milstein and other senior staff for stepping into leadership during the transition. Councilmember Maple and others thanked Milstein for agreeing to serve and noted the demands of the city manager role overseeing thousands of employees and preparing the city through a difficult budget period. Councilmember Bluckebaum highlighted the opportunity to use the recruitment to improve workplace environment and retention.

Vote

The council recorded a unanimous roll call in favor of the resolution. Votes recorded: Councilmember Kaplan — Aye; Councilmember Dickinson — Aye; Vice Mayor Talamantes — Aye; Councilmember Plaquebaugh — Aye; Councilmember Maple — Aye; Mayor Pro Tem Guerra — Aye; Councilmember Jennings — Yes; Councilmember Vang — Yes; Mayor McCarty — Aye. The resolution passed.

Clarifying details and next steps

The resolution as read provides a temporary 7.5% salary adjustment for the length of the interim appointment, benefits as provided by the Unrepresented Personnel Resolution, allowance to accrue vacation beyond the 480-hour cap in the unrepresented resolution, preservation of management time credited for 2025, and a provision for Milstein to return to her assistant city manager role at the same salary at the conclusion of the interim appointment. The interim manager is expected to assist the council with the recruitment of a permanent city manager and to help lead the organization through the upcoming budget challenges.","The council approved terms and conditions for Assistant City Manager Lainie Milstein to serve as interim city manager, including a temporary salary of $352,000, expanded vacation accrual, preservation of management time for 2025, and a return right to her prior position. The vote was unanimous after public comment raised process and pay concerns.","actionData","errors"]

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Sacramento council to seek end of 'healthy food' exemption for tobacco retailers; directs staff on fees and enforcement

Sacramento council approves interim city manager terms, sets $352,000 annual salary and asks interim manager to lead recruitment