Agenda, study session, first session — City Council/Successor Agency/Public Finance Authority, September 27, 2023

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
SEPTEMBER 27, 2023; 5:15 P.M.

AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA VIA ZOOM VIDEO/WEB CONFERENCING:

Web Link: bit.ly/AvenalCouncil or use https://us02web.zoom.us/j/87243440488 Or by calling +1 669 900 6833 and use meeting ID 872 4344 0488 to join.

Study Session: None.

LAST ORDINANCE: 2022-06 CITY LAST RESOLUTION: 2023-38
(SA) LAST RESOLUTION: 2023-02 PFA LAST RESOLUTION: 2023-01 AGENDA

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE:

2. ROLL CALL: Councilmembers: Louis Gravelle, Ricardo Verdugo, Pablo Hernandez, Mayor Pro Tem Alejandro Ramirez; Mayor Alvaro Preciado.

CITY CLERK:

Government Code Section 54952.3: The members of the City Council/Successor Agency are entitled to receive a total of $300.00 per month because of being elected to the City Council. They receive no other compensation for sitting as a member of Successor Agency.

3. CLOSED SESSION: (City/Successor Agency):

It is the intent of this governing body to meet in closed session to review its position and to instruct its designated representatives: Any person may directly address the Council/Agency at this time on items of interest regarding Closed Session.

A. Conference with Labor Negotiator(s) (Government Code § 54957.6).

It is the intent of this governing body to meet in Closed Session to review its position and to instruct its designated representatives:

Designated representatives: City Employees Bargaining Units 1-5 B. Conference with Real Property Negotiator(s) (Government Code § 54956.8).

It is the intent of this governing body to meet in Closed Session to confer with its real property negotiator(s) concerning the purchase, sale, exchange, or lease of real property by or for this agency as follows:

1. Property Description: APN: 038-290-028-000
Negotiator(s): City Manager/City Attorney
Party with whom negotiating: Ross Family Properties LLC.

Instructions to negotiator concerning: Terms of Payment.

2. Property Description: APN: 040-320-009-000; & 040-320-014-000 Negotiator(s): City Manager / City Attorney.

Party with whom negotiating: CrisCom Company.

Instructions to negotiator concerning: Terms of Payment.

C. Personnel (Government Code §54957(b)).

Consider Public Employee Performance Evaluation for the Position of:
• Chief of Police

4. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:

Any person may directly address the Council/Agency at this time on any item on the agenda or on any other items of interest to the public that is within the subject matter jurisdiction of the City Council/Successor Agency. State Law prohibits any member of the Council/Agency from commenting or acting on matters not on the agenda. Three (3) minutes are allowed per person.

5. CONSENT CALENDAR:

All items listed under the consent calendar are routine and enacted by one motion: (Action).

A. Consider City of Avenal/Successor Agency’s Approval of Minutes for September 14, 2023.

B. Consider Approval for Wastewater Plant Influent Valve Replacement Project.

C. Consider Approval for Aerator Conduit and Wire Replacement Project.

Sept 27, 2023 Pg. 1

6. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION:

A. Report and update on City Manager 2023/2024 Goals: (Information).

7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

1. Community & Economic Development Department Report: Kao Nou Yang, Director

2. Police Department Activity Report: Chief Robert Nevarez.

B. Special Presentations/Reports:
1) APD - California Department of Justice: Tobacco Grant Program: Cynthia Morales, APD Community Services Officer (CSO).

8. PUBLIC HEARING(s):

A. None.

9. OLD BUSINESS:

A. None.

10. NEW BUSINESS:

A. Consider Approval for Quote from Axon Enterprise, Inc., Body Cam and Taser equipment subscription:
(Discussion/Action).

11. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

Any Council member may request an item be placed on a future agenda, provided that a simple majority also support adding said item. Discussion or action on any item not on the current agenda is strictly prohibited. Closing comments are intended for Council members to report attendance of any special events and pertinent information back to the public.
• Upcoming/Future Agenda Items to Consider.
• Correspondence/Announcements/Information/Closing Comments.

12. ADJOURNMENT:
1) In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.02.35.1044 AA Title II].
2) Materials related to an item on this Agenda submitted to the [Council/ Authority] after distribution of the agenda packet are available for public inspection in the [City Clerks] office at 919 Skyline Blvd., Avenal, CA 93204 during normal business hours.

I certify this Agenda of the City of Avenal City Council workshop is to be posted at the following locations: 1) City Council Chambers, Avenal Theater 233 E. Kings St.; 2) City Hall 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; and 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 on, September 24, 2023.
__ /s/ Maria Ortiz
Maria Ortiz, City Clerk
Sept 27, 2023 Pg. 2

CIUDAD DE AVENAL
"Capital Mundial® del Pistacho"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL / AGENCIA
SUCESORA / PFA EL 27 DE SEPTIEMBRE DE 2023; 5:15 P.M.

AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA A TRAVÉS DE VIDEO/CONFERENCIA WEB DE ZOOM:

Enlace web: bit.ly/AvenalCouncil o utilizar https://us02web.zoom.us/j/87243440488 O llamando al +1 669 900 6833 y use el ID de reunión 872 4344 0488 para unirse.

Sesión de estudio: Ninguna.

ÚLTIMA ORDENANZA: 2022-06 CIUDAD ÚLTIMA RESOLUCIÓN: 2023-38 (SA) ÚLTIMA RESOLUCIÓN: 2023-02 PFA ÚLTIMA RESOLUCIÓN: 2023-01 AGENDA

1. LLAMADO AL ORDEN Y JURAMENTO DE LEALTAD:

2. PASE LISTA: Concejales: Louis Gravelle, Ricardo Verdugo, Pablo Hernández, Alcalde interino Alejandro Ramírez; Alcalde Álvaro Preciado.

SECRETARIO MUNICIPAL:

Sección 54952.3 del Código de Gobierno: Los miembros del Concejo Municipal / Agencia Sucesora tienen derecho a recibir un total de $ 300.00 por mes debido a haber sido elegidos para el Concejo Municipal. No reciben ninguna otra compensación por sentarse como miembros de la Agencia sucesora.

3. SESIÓN CERRADA: (Ciudad/Agencia sucesora):

La intención de este órgano rector es reunirse a puerta cerrada para revisar su posición e instruir a sus representantes designados: Cualquier persona puede dirigirse directamente al Consejo/Agencia en este momento sobre temas de interés relacionados con la sesión privada.

A. Conferencia con Negociador(es) Laboral(es) (Código de Gobierno § 54957.6).

La intención de este órgano rector es reunirse en sesión cerrada para revisar su posición e instruir a sus representantes designados:

Representantes designados: Unidades de negociación de empleados de la ciudad 1-5 B. Conferencia con Negociador(es) de Bienes Inmuebles ( Código de Gobierno § 54956.8).

Es la intención de este órgano rector reunirse en sesión cerrada para consultar con su(s) negociador(es) de bienes inmuebles sobre la compra, venta, Intercambio o arrendamiento de bienes inmuebles por o para esta agencia de la siguiente manera:

1. Descripción de la propiedad: APN: 038-290-028-000
Negociador(es): Administrador de la Ciudad/Abogado de la Ciudad Parte con la que negocia: Ross Family Properties LLC.

Instrucciones al negociador sobre: Condiciones de pago.

2. Descripción de la propiedad: APN: 040-320-009-000; & 040-320-014-000 Negociador(es): Administrador de la Ciudad / Abogado de la Ciudad.

Parte con la que negocia: CrisCom Company.

Instrucciones al negociador sobre: Condiciones de pago.

C. Personal (Código de Gobierno §54957(b)).

Considere la evaluación del desempeño de los empleados públicos para el puesto de:
• Jefe de Policía

4. COMENTARIOS PÚBLICOS/ANUNCIOS Y APARICIONES NO PROGRAMADAS:

Cualquier persona puede dirigirse directamente al Consejo / Agencia en este momento sobre cualquier tema de la agenda o sobre cualquier otro tema de interés para el público que esté dentro de la jurisdicción del Concejo Municipal / Agencia sucesora.

La ley estatal prohíbe a cualquier miembro del Consejo / Agencia comentar o actuar sobre asuntos que no están en la agenda. Se permiten tres (3) minutos por persona.

5. CALENDARIO DE CONSENTIMIENTO:

Todos los elementos enumerados en el calendario de consentimiento son rutinarios y promulgados por una moción: (Acción).

A. Considere la aprobación de las actas de la Ciudad de Avenal / Agencia Sucesora para el 14 de septiembre de 2023.

B. Considere la aprobación para el proyecto de reemplazo de válvulas de afluente de plantas de aguas residuales.

C. Considere la aprobación para el proyecto de reemplazo de conductos y cables del aireador.

Sept 27, 2023 Pg. 3

6. ALCALDE Y CONCEJAL / AGENCIA SUCESORA / TEMAS A CONSIDERAR:

A. Informe y actualización sobre los objetivos del Administrador de la Ciudad 2023/2024: (Información).

7. INFORMES DE ACTIVIDADES/PRESENTACIONES ESPECIALES E INFORMES DE COMITÉS:

A. Informes de actividad:

1. Informe del Departamento de Desarrollo Económico y Comunitario: Kao Nou Yang, Director

2. Informe de Actividades del Departamento de Policía: Jefe Robert Nevarez.

B. Presentaciones especiales/informes:
1) APD - Departamento de Justicia de California: Programa de subvenciones para el tabaco: Cynthia Morales, Oficial de Servicios Comunitarios (CSO) de APD.

8. AUDIENCIA(s) PÚBLICA(s):

A. Ninguno.

9. NEGOCIO ANTIGUO:

A. Ninguno.

10. NUEVOS NEGOCIOS:

A. Considere la aprobación para la cotización de Axon Enterprise, Inc., suscripción de equipos Body Cam y Taser: (Discusión/Acción).

11. CORRESPONDENCIA/ANUNCIOS/COMENTARIOS FINALES:

Cualquier miembro del Consejo puede solicitar que un punto se incluya en un orden del día futuro, siempre que una mayoría simple también apoye la adición de dicho tema. La discusión o acción sobre cualquier tema que no esté en la agenda actual está estrictamente prohibida. Los comentarios finales están destinados a que los miembros del Consejo informen al público sobre la asistencia a cualquier evento especial y la información pertinente. • Temas del programa próximos/futuros que han de examinarse. • Correspondencia/Anuncios/Información/Comentarios finales.

12. APLAZAMIENTO:
1) En cumplimiento con la Ley de Estadounidenses con Discapacidades, si necesita asistencia especial para participar en esta reunión, comuníquese con la Oficina del Secretario de la Ciudad (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204. La notificación 48 horas antes de la reunión permitirá a la ciudad hacer arreglos razonables para garantizar la accesibilidad a esta reunión [28 CFR 35.02.35.1044 AA Título II].
2) Los materiales relacionados con un tema de esta Agenda presentados al [Consejo/Autoridad] después de la distribución del paquete de agenda están disponibles para inspección pública en la oficina de [Secretarios de la Ciudad] en 919 Skyline Blvd., Avenal, CA 93204 durante el horario comercial normal.

Certifico que este taller de Agenda del Concejo Municipal de la Ciudad de Avenal se publicará en los siguientes lugares: 1) Cámaras del Concejo Municipal, Teatro Avenal 233 E. Kings St.; 2) Ayuntamiento 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; y 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 el 24 de septiembre de 2023. __ /s/ María Ortiz
Maria Ortiz, Secretaria Municipal
Sept 27, 2023 Pg. 4

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
SEPTEMBER 14, 2023; 5:00 P.M.

AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA VIA ZOOM VIDEO/WEB CONFERENCING:

Web Link: bit.ly/AvenalCouncil or use https://us02web.zoom.us/j/87243440488 Or by calling +1 669 900 6833 and use meeting ID 872 4344 0488 to join.

MINUTES
CALL TO ORDER & PLEDGE OF ALLEGIANCE: by Mayor Preciado at 5:15 p.m.

ROLL CALL: Councilmen’s: Luis Gravelle, Ricardo Verdugo, Pablo Hernandez, Mayor Pro Tem Alejandro Ramirez, Mayor Alvaro Preciado.

ABSENT: None.

STAFF: Lopez, Ortiz, Price, Bermudez, Davis, Williams, Nevarez.

LEGAL COUNCEL: Moses Diaz.

CITY CLERK:

The City Council went into Closed Session at 5:19 p.m.

CLOSED SESSION: (City/Successor Agency):

It isthe intent of this governing body to meet in closed session to review its position and to instruct its designated representatives: Any person may directly address the Council/Agency at this time on items of interest regarding Closed Session.

Raul Valadez mentioned that on behalf of City Employees Bargaining Units 1-5, they came to support everything that they are requesting due to inflation. No, pressure to the City Council they are showing united front and are passionate about what we are asking. Thank you.

A. Conference with Labor Negotiator(s) (Government Code § 54957.6).

It is the intent of this governing body to meet in Closed Session to review its position and to instruct its designated representatives:

Designated representatives: City Employees Bargaining Units 1-5 / APOA.

B. PENDING LITIGATION (Government Code § 54956.9).
a. Conference with legal counsel – ANTICIPATED LITIGATION (Government Code § 54956.9(d)).

Significant exposure to litigation (Government Code § 54956.9(d)(2)).

Number of potential cases is: 1.

Facts and circumstances clearly known to potential plaintiff (if any) that might result in litigation (Government Code § 54956.9(e)(2)): none.
b. Conference with legal counsel – PENDING LITIGATION (Government Code § 54956.9).

Deciding whether or not basis exists for closed session for anticipated litigation (Government Code § 54956.9(d)(3)).

Number of potential cases is: 1.

C. Conference with Real Property Negotiator(s) (Government Code § 54956.8).

Property Description: APN: 038-290-028-000 Negotiator(s): City Manager/City Attorney Party with whom negotiating Avenal Sand Drags Association, Inc.

Instructions to negotiator concerning: Terms of Payment.

D. Personnel (Government Code §54957(b)). Consider Public Employee Performance Evaluation for the Position of: • Chief of Police 4. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEAR Mayor Preciado re-opened the City Council meeting at 6:58 p.m. with the following action: Councilman Verdugo made a motion to deny claim, second by Councilman Gravelle and motion carried.

AGENDA ITEM NO. 5. – A.

Sept 27, 2023 Pg. 5
Joint Meeting City Council/Successor Agency/PFA – September 14, 2023

Page 2 of 5 ends

Roll Call Vote:

AYES: Verdugo, Gravelle, Hernandez, Ramirez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:

Rey Leon, founder, and executive director of The LEAP Institute (Latino Equity Advocacy & Policy) stated that one of the projects that there working on right now is through USDA it is putting up some greenhouses in four different locations in the region within Fresno and Kings counties. Mr. Leon is requesting an agenda item or study session. So, he can discuss and provide a power point and dialogue this project with benefits for the community of Avenal.

CONSENT CALENDAR:

All items listed under the consent calendar are routine and enacted by one motion: (Action).

A. Consider City of Avenal/Successor Agency’s Approval of Minutes for August 10, 2023 & August 17, 2023.

B. Ratify partnership agreement, "Project Reachout," between Avenal Animal Shelter and the Arizona Humane Society:

C. Consider Ratifying the 2023 Bilingual Pay Meet and Confer, Side Letter, with the Avenal Police Officer's Association:
(Resolution 2023-36).

RESOLUTION 2023-36: A RESOLUTION APPROVING A TRANSFER OF OWNERSHIP, AND WAIVER, RELEASE,

AND INDEMNITY AGREEMENT IN THE RETIREMENT OF A POLICE SERVICE DOG FROM THE AVENAL POLICE DEPARTMENT. Councilman Gravelle approved, seconded by Councilman Hernandez, and motion caried.

Council Member/Successor Agency Member Gravelle motioned to approve Consent Calendar, second by Councilman/Successor Agency Member Hernandez, and motion carried.

Roll Call Vote:

AYES: Gravelle, Hernandez, Verdugo, Ramirez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

MAYOR & COUNCIL MEMBERS/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION:

A. Consider adopting temporary City Council Rules of Procedure and Decorum:

Antony Lopez, City Manager reported As the Council continues to progress and modernize many practices, such as digital agendas and virtual meetings, the Council expressed a desire to further refine the process and running of the regular Council meetings. Juan Garza of Leadership Associates led the Council in a leadership/governance training to further refine the Council’s rules of procedure and decorum. In Attachment A, Staff has compiled the list of temporary rules of procedure and decorum for the running of the Council meetings. As suggested by Mr. Garza, the Council should adopt the following agreed upon rules (per the minutes for the August 17, 2023, meeting), and practice them for two – three council meetings, and then provide feedback and suggest changes at the net leadership/governance training workshop.

Staff asking for Council to review the City Council Rules of Procedure and Decorum, make any clarifications to the rules, and begin utilizing said rules as of this meeting.

ATTACHMENT A
Temporary City Council Rules of Procedure and Decorum for Use Until November 16, 2023
Public Comments:
• Public Comment Cards will be required if not providing comment online. If providing online, commentors are still required to provide their full name and address. • City Clerk will keep track of three minute maximum for all public comments and provide a 30 second warning and a final 10 second warning and ask the participant to end their comments. • The agenda will state that up to 25 minutes will be allotted for Public Comments, unless extended by majority vote of the Council.
• The Mayor may ask for consensus from individuals who come for the same item, by a show of hands to show support or consensus for a certain comment or topic.

Dress Code
• Dress code of business casual attire will be required by all Council and staff:

Sept 27, 2023 Pg. 6
Joint Meeting City Council/Successor Agency/PFA – September 14, 2023

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•Acceptable Business Casual Attire includes, but is not limited to slacks, khakis, capris, golf shirts, and shirts with a finished neckline, skirts, dresses, turtlenecks, or sweaters.

Caps and hoodies must be organization issued or from an affiliate organization.

Clothing and shoes must be neat and clean.
•Unacceptable attire includes, but is not limited to tee shirts; sweat pants, shorts, sweatshirts, or workout attire; cutoffs; beach attire; halter and spaghetti strap dresses, tank tops, miniskirts, short skirts, spandex and Lycra; dresses or skirts that are excessively short; clothes that are too tight, too small, sheer or clothing that otherwise is revealing, distracting, or provocative; and tennis shoes, flip flops, beach shoes, slippers, caps or hoodies not affiliated with the organization or its partners. • Staff will provide Council with at least two City Polos to wear at Council meetings and events. • Agenda Item Discussion Procedure
· When the Mayor opens an item on the agenda, staff will give their presentation, then the City Manager will follow up with each council member, in a rotation, for their comments or questions and help moderate the response. Each councilmember has one opportunity for comments or questions, then the Mayor will request a motion for action.

Closing comments:
• Council agrees to allow each councilmember adequate time to provide their final comments about the meeting, and report attendance of any special events and pertinent information back to the public. *Note – although no time limit will be imposed upon any councilmember, brevity should be practiced.

Reminders:
• This is a Council meeting in public. Not a public meeting of the Council.

After a brief discussion, Mayor Pro Tem Ramirez approved adopting temporary City Council Rules of Procedure and Decorum, second by Councilman Gravelle, and motioned carried.

Roll Call Vote:

AYES: Ramirez, Gravelle, Hernandez, Verdugo, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

B. Consider amending meeting Public Comment procedure and adopting a comment card.

City Manager Lopez reported that as a continuation of item 6. A of this meeting, the Council has expressed a desire to adopt a public comment card requirement to providing public comments before the Council at council meetings. The City Clerk reached out to other City Clerks throughout the State to find examples of how other cities handle their public comment section of their meetings. Attached the top three examples that City Staff felt contained the information and wording that could fit Avenal: City of Monrovia, City of Laguna Hills, and City of La Cañada Flintridge. Staff captured portions of each of these examples and composed the following example in Attachment A, as a draft Public Comment card the City Council could consider adopting. This draft is also provided in Spanish.

City Manager continues that by adopting a public comment card requirement, members of the public will be asked to submit this form before the “Public Comment/Announcements & Unscheduled Appearances” item on the Agenda to provide their public comment.

This system will ensure members of the public are aware of the three-minute rule, that Council cannot act on items not on the agenda and will assist in collection contact information for follow up. When presenting or commenting online, members of the public will still be required to submit this same form online at the City’s website. That form will be emailed to the City Clerk to add that person to the public comment queue. In either case of in-person or online comments, if the commentor is not available to provide their comment, the request will still be recorded to the meeting’s minutes.

Councilman Gravelle motioned to adopt a version of the Public Comment Card – Request to Speak: Avenal City Council form that will be required to provide a comment during the Public Comment/ Announcements & Unscheduled Appearances item on the Agenda, second by Councilman Hernandez motion carried.

Roll Call Vote:

AYES: Gravelle, Hernandez, Verdugo, Ramirez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

Sept 27, 2023 Pg. 7
Joint Meeting City Council/Successor Agency/PFA – September 14, 2023

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ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports

1. Public Works/Code Enforcement/Animal Control Activity Report: Scott Davis, Public Works.

Scott Davis, Public Works Supervisor, reported on the following: 1) Code Enforcement; 2) Park & Landscaping; 3) Streets;4) Water Distribution; 5) Wastewater Collection; and 6) Vehicle, Equipment, & Building Maintenance.

2. IT Department Activity Report: Humberto Bermudez, IT Manager Humberto Bermudez, IT Manager Reported the following: 1) Internet; 2) Phone System; 3) Server; and 4) Other: Deployed Cellular iPad Airs to City Council, deployed Cellular iPad Minito Public Works to manage UndergroundService Alert (USA) Tickets, continues to assist Avenal PD with footage review, reviewing security footage from other sites, continues to work with KCAG to allow regular remote viewing and participation of their monthly meetings and continues to maintain the city website and provide tech support across all facilities.

3. Activities Department Report: Shelia Verdugo, Recreation Supervisor Shelia Verdugo, Recreation Supervisor reported the following: 1) Kidz Spot; 2) Market; 3) Community Movie; 4) July/August rentals; 5) meetings; 6) update Community Garden; 7) 911 Observance; 8) Senior Picnic and 9) Collaborations -KPFP, APD, AHS Junior Class, Valley Voices, Rotary.

PUBLIC HEARING(s):

Joint Hearing of the City of Avenal Successor Agency RDA Trust Obligations Fund/Public Finance Authority:

A. None.

OLD BUSINESS:

A. None.

NEW BUSINESS:

A. Consider ratification and formal adoption of the Fiscal Year 2019-2020 Financial Audit and corresponding Corrective Action Plans
City Manager Lopez reported that Mr. Ivan Sotomayor, CPA with Sotomayor and Associates, CPAs the City’s independent auditor, has submitted the FY 19/20 Audited Financial Statements for the Council/Agency Members on August 31, 2023. The FY 19/20 Audit is included in the Council Packet for the City Council/Successor Agency/PFA consideration. Within the FY 19/20 Audit are two findings; the findings are like the FY 15/16; 16/17, 17/18, & 18/19 audits regarding the City’s struggles to reconcile the finance system with the bank statements.

Attachment A includes a Corrective Action Plan for both findings.

EXHIBIT A – Resolution 2023-37
Corrective Action Plan for FY 2019-2020
Audit Findings
FINDING 2019-1 Bank Reconciliation - Repeated in Current Year During our audit procedures, we noticed that the total cash balance on the operating bank account reconciliation did not reconcile to the cash balances recorded on the general ledger as of June 30, 2020, 2019, 2018 and 2017.

CORRECTIVE ACTION:

In FY 2022, the City of Avenal retained outside consultants, Price Paige & Company (PP&C), to assist in the bank reconciliations in order to address the previous year's audit findings. PP&C has developed a process to keep financial statements and bank reconciliations caught up and up to date, and training staff to handle the process moving forward once all the audits are complete.

In FY 2023, the City of Avenal is upgrading the finance system from Central Square to OpenGov and is working with the City’s financial institution to have electronic bank statements provided that are compatible with the new software.

FINDING 2020-1 Bank Reconciliation - Repeated in Current Year Sept 27, 2023 Pg. 8
Joint Meeting City Council/Successor Agency/PFA – September 14, 2023

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During our audit procedures, we noticed that the City continues leaving the bank reconciliation unreconciled.

The total cash balance on the operating bank account reconciliation did not reconcile to the cash balances recorded on the generalledger as of June 30, 2020, 2019, 2018 and 2017.

CORRECTIVE ACTION:

After, a brief discussion, Councilman Gravelle motioned to formal acceptance of the FY 19/20 Audited Financial Statements, ratifying the City Manager’s acceptance of said audit and representation letter; and adopt the included Corrective Action Plan in Attachment A: Resolution 2023-37, seconded by Councilman Hernandez and motion carried.

Resolution 2023-38: Resolution of the City Council of the City of Avenal Adopting Corrective Action Plan for FY 2019-2020 Audit Findings. Councilman Gravelle approved, second by Councilman Hernandez and motion carried.

Roll Call Vote:

AYES: Verdugo, Hernandez, Gravelle, Ramirez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

City Manager Lopez reported the following: 1) September 15th Avenal Senior Program Commission on Aging will attending free event at Burris Park and volunteering to drive Councilman Verdugo and City Manager Lopez. Also, thanked Councilman Verdugo for driving; 2) Sept 20th-22nd attending League of
Councilman Gravelle thanked all staff for what they do daily.

Councilman Verdugo reported the following: 1) attended Suicide walk and hopes it becomes yearly event to keep people aware of Suicide prevention.

Mayor Preciado reported the following: 1) attended many meetings; and 2) thanked all for attending.

ADJOURNMENT:

There being no further business the City Council meeting was adjourned at 8:23 p.m.

Respectfully submitted,
Maria Ortiz, City Clerk
Sept 27, 2023 Pg. 9
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
“Pistachio Capital of the World”
AGENDA ITEM NO. 5- B
Memorandum
TO: The Honorable Mayor and City Council Members
From: Antony V. Lopez, City Manager
Prepared by: Ronald Brumley, Utilities Supervisor
Date: September 11, 2023
RE: Wastewater Plant Influent Valve Replacement
Information:

Over the last couple of years two of our influent sluice gate valves have failed. They are now inoperable and stuck in an open position. We cannot seal off the flow in the main channel which allows us to work on the Auger monster. I received two quotes out of four contractors.

Tierra Construction. $58,475.00
Active Construction Services Inc. $62,350.00
Mike Wilson Construction No response
GSE Construction Did Job walk never submitted a quote.

Recommendation:
1) By motion, authorize staff to allow Tierra Construction to replace two sluice gate valves, in the amount of $58,475.00; and,
2) By motion allow staff to use funds from ARPA account.

Fiscal Impact:

ARPA Account
Valve replacement $58,475
Sept 27, 2023 Pg. 10
Estimate
Date
8/28/2023
Estimate #
2023 - 424
Name / Address
city of avenal WWTP
919 skyline blvd.
avenal,ca. 93204
Tierra Construction
11707 judy ave
CA 93312
license # 765689
661-243-6849
Project
Total
Description Qty Rate Total
Specialties 58,475.00 58,475.00
Tierra construction will provide equipment,labor & material to complete scope of work.
scope of work.

1.set up bypass pump in plug

2.remove two dameged sluice gates

3.install two new sluice gates

4.remove bypass pump
excludes. permits inspections owner will direct bypass anyhing not mentioned in scope
this is a prevailing wage job
$58,475.00
Sept 27, 2023 Pg. 11

ESTIMATE
ACTIVE CONST. SERVICES,
INC.
6077 Coffee Rd Ste. 4 Box 701
Bakersfield, CA 93308 Name/Address
Estimator: Kevin Thomas City Of Avenal WWTP
661-304-4523 919 Skyline Rd.

Email: [email protected] Avenal, Ca. 93204
Date Estimate # Project
9/5/23 952023
Description Quantity Cost Total
Repairs 1. Provide Equipment, Labor & Material For Following Job Scope: All work will be done as prevailing wage

2. Plug existing 21"-27" sewer line for repairs

3. Install bypass pump in plug

4. Remove (2) damaged sluice gates

5. Install (2) new sluice gates

6. Remove bypass pump & plugs 1 $62,350.00
Notes: Excludes any permits, inspections, WWTP will
direct bypass.

Includes line items listed above only, nothing else
Approval: Date:

Payment due upon completion of work performed. Sub Total $ 62,350.00 A service charge of 1 1/2% per month will be assessed on all past Tax due balances. This charge is subject to change at any time.

In the event that Active Const. Services should bring any legal proceedings to collect sums due, owing, and unpaid, then the prevailing party shall be entitled to recover reasonable attorney's fees. Total $62,350.00 Sept 27, 2023 Pg. 12
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
“Pistachio Capital of the World”
AGENDA ITEM NO. 5- C
Memorandum
TO: The Honorable Mayor and City Council Members
From: Antony V. Lopez, City Manager
Prepared by: Ronald Brumley, Utilities Supervisor
Date: September 21, 2023
RE: Aerator Conduit and wire replacement project
Information:

Over the last couple of years, the conduit and copper wire at the water treatment plant have corroded and begun causing mechanical failures on multiple devices. The wire/conduit replacement project is to replace all conduit and electrical wires that go to both aerators, lighting and electrical outlets. Aerators are vital in treatment, they produce the oxygen that is needed to keep micro organisms alive. The old conduits have deteriorated to the point that wires are visible. Loss of power to this equipment would cause us to go out of compliance with treatment. Staff has already had some failure points occur, where staff often thinks the lift pumps or other devices are failing, when in fact it is the electrical wire.

These are heavy grade wire and does require electrical expertise outside of our staff’s level of comfort.

Sandoval Electric $66,253.48
St. Denis Electric, Inc. and Tierra Const. $148,000.00
HR Electric Did job walk said job was too big for his company.

Tel-Star Did 2 Job walks with different electricians, they never submitted a quote Recommendation:
1) By motion, authorize staff to allow Sandoval Electric to complete the project, in the amount of $66,253.48. 2) By motion allow staff to use funds from the ARPA account Fiscal Impact:

ARPA account
Conduit/wire replacement $66.253.48
Sept 27, 2023 Pg. 13

ESTIMATE
Sandoval Electric
1375 Pioneer Ave
Porterville, CA 93257
[email protected]
(559) 361-2083
Avenal Water Treatment
Bill to
Avenal Water Treatment
Estimate details
Estimate date: 09/21/2023
Product or service Amount

1. Installation 1 unit × $66,253.48 $66,253.48
Installation of (2) new underground and surface mount raceways for (2) 150 hp aerator motors. All exposed conduit will be pvc coated (ocal) to prevent corrosion.
*Replacement of existing 24”x24”x8” NEMA 3r enclosure with a 24”x32”x8” NEMA 3r enclosure. *Installation of stainless steel supports for all exposed raceways. *Installation of (2) 24”x24”x8” NEMA 3r enclosures and (2) 12”x12”x4” NEMA 3r enclosures for pull points and termination. *Installation and termination of 250mcm feeders and control wires from main j- box to existing 150hp motors. * Installation and termination of necessary wiring for general power and lighting Once infrastructure is in place we will be able to complete the cutover with in the required 4hr window.

Total $66,253.48
Sept 27, 2023 Pg. 14
St Denis Electric, Inc.
734 Ralcoa Way, Arroyo Grande, CA. 93420
Phone: (805) 343.9999 / Fax: (805) 343.9989
Contractor #823856 Public Works Contractor Registration #1000011110 EXP 6/30/2025 To: Tierra Construction Date: 9/6/2023

Attn: Raul Felix

Project Name: Avenal Waste Water Treatment Plant-Re-Route Power and Controls for Aeration Motors Proposal
St Denis Electric, Inc. agrees to furnish all necessary Labor, Materials and Equipment for a complete electrical and controls system for the above-mentioned project based on a site visit.

Scope:
• Demo existing conductors and steel junction box.
• Install new underground (PVC) and surface mounted (PVC Coated Rigid) conduits. • Install new conductors from the existing J box to the field devices and motors only. (New conductors are not accounted for from the J box to the MCC/control panel). • Coordinate multiple shut downs to cut over to the new feeds. • Pull, Label, Terminate, and test all conductors
• Clean up and assist in startup.

Exclusions:
• Bonding, permits, and fees
• Demolition of existing conduits and supports across the aeration basins. • Any modifications to the MCC or Control Panel
• Hazardous materials identification, handling, and/or removal • Trash removal
• Painting
• All Concrete work.
• Asphalt or Concrete cutting, coring, and removal
• All trenching, backfill, and spoils removal.

Total: $130,000.00
Respectfully submitted,
Sean D. St. Denis
Vice President
St. Denis Electric, Inc.

Sept 27, 2023 Pg. 15
Estimate
Date
8/28/2023
Estimate #
2023 - 426
Name / Address
city of avenal WWTP
919 skyline blvd.
avenal,ca. 93204
Tierra Construction
11707 judy ave
CA 93312
license # 765689
661-243-6849
Project
Total
Description Qty Rate Total
Tierra construction will provide equipment,labor & material to complete scope of work.
scope of work.

1.demolition of existing conduits & supports across aeration basins

2. all trenching & backfill
ron add this to st denis proposal
18,000.00 18,000.00
$18,000.00
Sept 27, 2023 Pg. 16
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
“Pistachio Capital of the World”
“Oasis in the Sun – Gateway to the Coast”
AGENDA ITEM NO. 6-A
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: September 27, 2023
RE: Report and update on City Manager 2023/2024 Goals
INFORMATION:

As of early March 2023, the City Council established the following goals for the City Manager to focus on for the for the current year. As the City Manager reaches his third year since being appointed, he would like to take this moment to keep the Council appraised on the progress of all the current goals.

Council Goals for City Manager 2023-2024:
-Monthly reports on major projects and progress
(and staffing levels, new hires status etc)
• CM and department heads have established an active
spreadsheet with each department’s current projects and status, along with current vacancies and hiring stage for each position. • This has been presented once a month since March.
o Needs some tweaking as it has a lot of information, and distinguishing between roles and who should report what project has been a small issue.
-Recruit HR/Risk assistant
• As of May 2023, Nina Garza, was hired as the HR/Risk Assistant. • The Director of Administrative services continues training Nina, and delegating more HR tasks.
• Current goal is to update and ratify a new Employee Policy & Procedure Manual by early next year.
-Resolve the old issues from prior administration:

1. Get audits done.
• 2020 Audit was completed in September 2023
• 2021-2022 audits have started. 2021 audit expected
December of 2023.

Sept 27, 2023 Pg. 17
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
“Pistachio Capital of the World”
“Oasis in the Sun – Gateway to the Coast”
AGENDA ITEM NO. 6-A
• Price Paige & Company have been crucial in this role.

2. Fill all vacancies.
• Current vacancies are: Permeant Animal Control Officer II (actively being filled by Code Enforcement Officer); Finance Manager (new position, with Price Paige’s help, this
position could be reworked to something else); Building Inspector (new position, actively recruiting, last potential hire declined); four officer positions (actively recruiting). • Salary increases could help in attracting potential talent. -Finish/get progress on projects:

1. Have Phase II of the Community Center Project completed; a. 3.2 million in supplemental funding by CDBG OTC grant. b. Bid documents being finalized by September, to take out to bid in October. Expect to present award for Council by
November/December, begin work early next year.

2. Implement permitting for cannabis businesses; and
a. City was awarded $115,000 to help establish a cannabis permitting process. That process has begun with the City Attorney, Finance and Community Development Depts.
b. ETA end of year or early next year.

3. Select and move forward with a preferred solution for vacant parcels in downtown/commercial district(s).
a. Wording was provided by City Attorney, and planned to be included in the Zoning Ordinance comprehensive update
that should be presented to the Planning Commission in
November, with adopting shortly after. Below is that
language:

Sept 27, 2023 Pg. 18
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
“Pistachio Capital of the World”
“Oasis in the Sun – Gateway to the Coast”
AGENDA ITEM NO. 6-A
POTENTIAL ORDINANCE EXAMPLE:

AMC 6-5.04: Amend to add subsection (d), Minimum Vacant Parcel Maintenance:
-Requirements:

1. landscaping along edges fronting a public ROW (fencing will be further in, while landscape area will be accessible from ROW);

2. fencing (after landscaped area);

3. automated irrigation system, must be functioning;

4. water service must be active, metered and with radio-read enabled;

5. regular maintenance plan approved by CDD, including mandated quarterly reports to be filed w/ CDD;

6. regular solid and/or green waste service; and

7. City may require ground cover for all other areas, which may be vegetation or crushed stone, for runoff control.
-Vacant Parcel Defined: Commercially-zoned parcel fronting Skyline Boulevard which is either (a) undeveloped; or (b) developed but abandoned, unoccupied, vacant or had no active city licensed business activity occurring upon it for 90 or more consecutive days at any time during the prior twelve (12) months.
-Violations will be declared to be a public nuisance.
-Remedies for violations would not limited to abatement, and would not be mutually exclusive; Administrative fines and penalties also allowed.

AMC Title 9 (Zoning - Currently Being Updated by QK)
-Add Standards for Downtown Commercial Corridor (potential to create an overlay zone, or simply enact for commercial property fronting Skyline), additional minimum standards:

1. fencing must be black wrought iron, X feet or greater in height (no wooden posts; no chain-link fencing);

2. fencing must be locked and prevent at-will public entry;

3. fencing must include emergency responder lockbox access;

4. landscaping fronting a ROW must extend at least ten (10) feet in depth from edge of ROW, and must be drought-tolerant and consistent w/ landscaping plan approved by CDD;

5. Cars offered for sale must be parked on fully paved surface (blacktop or concrete, no gravel or vegetative ground cover); and

6. Parcels used for storage must have colored brick wall which fully blocks visibility of stored items from all public ROWs, or otherwise must occur indoors.

Sept 27, 2023 Pg. 19
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 7. A_– 1
TO: Honorable Mayor and Council Members
FROM: Kao Nou Yang, Director of Community and Economic Development DATE: September 27, 2023
SUBJECT: SEPTEMBER 2023 MONTHLY REPORT
Planning Division:
- Processing Zoning Land Use Applications, Land Division Applications and Current Planning Zoning / Land Use Permits:
• Site Plan Review No. 23-01 (Gonella – AN1-X Group Hydrogen EV Charging Station) - a land development permit that proposes to establish an EV Fast Charging station with onsite power generation from solar fuel cells as well as the proposal of having onsite H2 production. The onsite H2 production is phased, and the backup power island will be Capstone turbines with solar. Project also included the construction of a H2 production plant as well as the construction of the EV fast charging station. The proposed H2 SMR production center will be 3,000 kgs per day of production of H2 which will support onsite sales to cars and to trucks. If the H2 is not sold to vehicles, it will be used to power the EV fast charging station. The Proposed project will be generally located at on the East side of the Avenal Cutoff Road and North of Plymouth Avenue, Assessor’s Parcel Number 038- 010-043-000. A Parcel Map will be recorded prior to development permits being issued.

Staff are still waiting on the application of the Parcel Map prior to proceeding forward.

Business Inquiry Forms: INFORMATIONAL If any business owner has any inquiry about starting a business, please fill out a business inquire form and staff will get back to you as soon as possible.

Please note that Zoning is Land use permit for allowing the use on said property and Business License is for finance or tax purposes. Occupancy and Operation is based on Zoning.

Long Range Planning:

Zoning, Subdivision and Building Ordinance – City Staff has received portions of the Admin Draft of the Zoning Ordinance and has reviewed it and forward the draft back to the consultants. City Staff will be updating the Planning Commission on progress with Consultants at the next Planning Commission Meeting.

Housing Element – Staff has had meeting with the County in regard to the Housing Element and its awarded RFP Consultant. City will participate in all meeting to make sure that housing is a priority as well as economic growth. Agreements have been signed and we are awaiting for the County and its Consultants to request information from the cities.

CERF – Staff is working with the regional CERF Committee in order to create an economic resilience plan for the region and consulting with the organization by attending meetings and adding additional information that might include Avenal’s input Sept 27, 2023 Pg. 20
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 7. A_– 1
Building Division:

Building and Permit Applications- The City has Implemented an electronic application submission for Building Permits, Land Use and Zoning Permits and Business License. The Application Link is Located on the City Website on the Home Page under the BUTTON APPLY FOR PERMIT ONLINE. We also have a QR code for the Online portal. If any applicant, community member or resident has any questions, we are happy to help answer and show you how to submit online.

From January 2023 to August 2023, the city has already received over 210 electronic submissions of Building permits. We are still continuing to do Inspections on Monday, Wednesday, and Thursday as schedule with our Willdan Inspector.

The Building Inspector Position has been interviewed and there is a conditional offer to one of the applicants. Unfortunately, that applicant has decided not to take the offer due to the salary and so the City will review and re-evaluate if its should go back out for recruitment with it as a part-time or higher salary.

The Building Division is also adding another position to the next year budget (FY 23/24) – City Permit Technician Position. The Position will help with the permit and plan checking of simple plans like patio/porched and residential solar. With this added position it will help transition the Community Development Assistant to for use more on the Housing and Planning work of the Community Development Planning Division.

Economic Development (CrissComm):

Monthly Report and Update from Economic Development Team CrisCom Surplus Land Act – Staff received the approval to move forward for advertisement for city property.

Programs:

First Time Home Buyer Program – Flyer is available at City Hall. Ongoing program that is implemented by Self-help Enterprise on behalf of the city for any information please contact Self Help Enterprises.

Home Rehabilitation Program- Flyer are available at City Hall. Ongoing program that is implemented by Self-help Enterprise on behalf of the city for any information please contact Self Help Enterprises.

Accessory Dwelling Unit (ADU) Program - Flyer are available at City Hall. Brand New Program that is implemented by Self-help Enterprise on behalf of the city. Prior to Speaking to Self-help if you are interested in building or rehabbing an existing ADU please contact Community & economic development to see if your property is eligible for an ADU and of a Zoning land use permit is required prior to implementation.

Sept 27, 2023 Pg. 21
https://hanfordsentinel.com/news/local/crime-and-courts/avenal-police-department-announces-return-ofpolice-explorers-program/article_3e5273d7-895d-5694-b13f-dc4539870464.html Avenal Police Department announces return of Police Explorers program
Jesse Stone [email protected]
Sep 20, 2023
The Avenal Police Department is bringing back its Police Explorer Post after it was previously shut down during the COVID-19 pandemic.

Avenal Police Explorers sit during a preliminary, informational meeting last week after the program was brought back a Contributed by Avenal Police Department
1 of 2
Sept 27, 2023 Pg. 22
According to Avenal Police Chief Robert Nevarez, the new Explorers Post will primarily focus on developing leadership skills for the young teens and adults from 14 to 21 years old that qualify for the program, regardless of whether they end up becoming police officers.
“A big part of what we’re doing is going to be able to relate to leadership and interacting in an adult space, because they’re about to be entering the adult world,” Nevarez said. “I want that to be our primary focus. Second to that, we’re going to do community service type of activities.”
Nevarez did note that police departments do sometimes find new hires from the ranks of their former Explorers. Avenal’s newly-recreated Explorers Post held a preliminary, informational meeting last week. The Explorers Post will have its first official meeting soon.
“It [the Explorers Program] provides a very positive environment for young persons to involve themselves with, and it keeps them from getting into trouble,” Nevarez said. “ The explorer program also serves as an avenue to connect with the community and increase trust of police officers among younger people in Avenal, he said.

Article link copied to clipboard
Sept 27, 2023 Pg. 23
Jesse Stone
Associate Editor / Reporter
“It allows us to enter a space where there is some distrust with the police,” Nevarez said. “I know just from having talked to people that research these kinds of things, one of those spaces is young adults. They don’t trust police officers like they used to.” Nevarez said these feelings can be compounded in a community like Avenal, which has a high percentage of residents who are people of color or Spanish speakers. He felt the Explorers program provided a unique opportunity to build relationships with Avenal’s community and combat any feelings of distrust by introducing young adults to different police officers and explaining their job.
“I think there’s some youth who won’t be open to that possibility, because they feel strongly about that distrust, but I’m trying to get at the probably 80 percent of people that are in the middle,” Nevarez said. “The youth that haven’t really made a decision on what they think about cops yet. They see things that we’re doing in the community with block parties, Coffee with a Cop, different things of that nature. They may be thinking ‘they can be trusted,’ and this could be an avenue to get them to be willing to connect with the police.”
Sept 27, 2023 Pg. 24
AGENDA ITEM NO. 7. A_– 2
Chief’s Monthly Report
September 27, 2023
Organizational Priorities
I. Leadership Stability
• Took part in Sergeant Interviews last month. Due to Stryd’s retirements last week, Maguire and Rij were promoted to sergeant.
• Hosted September Sgts meeting. Captain Lujan BBQ’d for the troops. • Met with Assemblyman Mathis’s office.
• Hosted Senator Hurtado’s field representative on a tour of HQ. • Participated in California Police Chief’s Association Legislative Update meeting.

II. Recruit and Retain the Best
• Mike Maguire and Ed Rij were promoted to Sergeant to replace Tyler and Bilie Stryd • The Dept hosted SRO interviews to take Rij’s spot. AHS Principal Maldonado participated. Officer Miguel Gracida was selected.
• Assisted in the Chiefs Selection Process. Memos sent to qualified applicants.

III. International Model of Community Trust
• Attended our last National Night Out Block Party where we had a good turnout (recommend moving this to October like many other Central Valley cities) • Officers and I attended a couple of Rotary Club meetings. • Cynthia Morales hosted a Tobacco Grant Community Task Force meeting. • Presented at our Explorers formation meeting with 10 youth in attendance along with their parents. October training session is planned.
• I did an interview with Hanford Sentinel (Jessie Stone) regarding our Explorer Program. (copies of this article provided)
• Next Residents Academy (English version) is scheduled for December, 23 • The Winter Block Party is scheduled for February 24. Cynthia has really grown into her position.
• Met with Pastor Gaston related to spiritual outreach in Avenal. • Attended Pat Sanchez’s going away event at Reef-Sunset and met with incoming Interim Reef-Sunset Superintendent Ruiz
IV. Amongst the safest cities in America
• Attended the Major Crimes Task Force/Kings County Police Chief’s meeting at the Sheriffs Dept
• Interacted with Sheriff Robinson on numerous occasions. • Participated in the Kings County Homeless Collaborative meeting. • The Department handled several investigations regarding attempted extortion scams.

Most people simply hung up; however, a couple of people did send money. • We posted social media PSA’s, and I did an interview with Sentinel to spread awareness.
• Along with several officers, I responded to a large fire across from AHS. Three officers will be receiving a lifesaving award at an upcoming meeting. Assisted in evacuating nearby houses.

V. Embrace wellness amongst our employees.

Sept 27, 2023 Pg. 25

CALIFORNIA

DEPARTMENT OF
JUSTICE: TOBACCO

GRANT PROGRAM

AVENAL POLICE DEPARTMENT
SEPTEMBER 27, 2023
Sept 27, 2023 Pg. 26

DOJ FUNDING EXPLAINED
The Office of the Attorney General established the California Department of Justice Tobacco Grant Program in 2017 to provide annual funds to local enforcement agencies throughout
California.

Grantees may use grant funds to enforce a local ordinance or state law related to the illegal sale and marketing of tobacco products, including e-cigarettes, to minors and youth.

Avenal Police Department was funded on a two year cycle and receieved $70,000.

Sept 27, 2023 Pg. 27
Sept 27, 2023 Pg. 28
APRIL 12TH, 2023: VOCATIONAL EXPO (AVENAL HIGH)
MAY 15TH, 2023: RETAIL OUTREACH REGARDING THE NEW TOBACCO LAWS MAY 24TH, 2023: RETAIL VISITS (AVENAL)
JULY 13TH, 2023: CSO MORALES WITH OFFICER MILLER INTERACTED WITH CHILDREN FROM KIDZ SPOT. WE HAD A MINOR TOBACCO PRESENTATION. AFTER THAT, WE HAD Q&A.

JULY 14TH, 2023: CSO MORALES WITH OFFICER MILLER ATTENDED AVENAL’S FLEA MARKET.

HANDED OUT STICKERS AND OTHER MATERIALS. OFFICER MILLER ALSO ANSWERED QUESTIONS THE LITTLE ONES HAD REGARDING BEING AN OFFICER.

OUTREACH OPPORTUNITIES
Sept 27, 2023 Pg. 29
JULY 18TH, 2023: CSO ATTENDED A PANEL FOR RISE ABOVE THROUGH KINGS’ PARTNERSHIP.

ANSWERED TOBACCO-RELATED QUESTIONS.

JULY 25TH, 2023: CSO MORALES ALONG WITH CALIFORNIA HEALTH COLLABORATIVE CONDUCTED A MINOR DECOY OPERATION.

AUGUST 7TH, 2023: BACK TO SCHOOL EXTRAVAGANZA
AUGUST 16TH, 2023: HANDED OUT TOBACCO PREVENTION MATERIALS AT OUR NATIONAL NIGHT OUT BLOCK PARTY.

OUTREACH OPPORTUNITIES
Sept 27, 2023 Pg. 30

TOBACCO RETAIL LICENSE (TRL)
Sept 27, 2023 Pg. 31

TOBACCO RETAIL LICENSE

LOCAL GOVERNMENT REQUIRING

TOBACCO RETAILERS TO PAY A LICENSE

FEE THAT HELPS PAY FOR

ENFORCEMENT AND PROTECTS PUBLIC

HEALTH AND SAFETY BY ENSURING

THAT RETAILERS COMPLY WITH
RESPONSIBLE RETAILING PRACTICES.

Sept 27, 2023 Pg. 32
Sept 27, 2023 Pg. 33

MAINTAIN A LIST OF TOBACCO AND E-CIGARETTE RETAILERS

FUND COMPLIANCE MONITORING PROGRAMS

REDUCE TOBACCO PRODUCT SALES TO YOUTH

PREVENT YOUTH TOBACCO USE INITIATION

RESTRICT BUSINESSES LOCATED NEAR SCHOOLS OR YOUTH ORIENTED FACILITIES

FROM SELLING TOBACCO
SUPPORT A VARIETY OF ADDITIONAL TOBACCO PREVENTION STRATEGIES! TRL POLICIES HELP TO...

Sept 27, 2023 Pg. 34
[email protected]

CYNTHIA MORALES

COMMUNITY SERVICE OFFICER
AVENAL
POLICE

DEPARTMENT

CONTACT US
Sept 27, 2023 Pg. 35
December 2020
www.publichealthlawcenter.org/caltobacco
Introduction
This Comprehensive Tobacco Retailer
Licensing Ordinance was prepared to assist
California cities and counties interested in
establishing or strengthening a local tobacco
retailer licensing (“TRL”) program and further
regulating the tobacco retail environment.

Communities adopt TRL laws to ensure
compliance with local business standards,
reduce youth access to tobacco products, limit
the negative public health and equity impacts
associated with tobacco use, and enforce
local, state, and federal tobacco control laws.

The Public Health Law Center revised and
updated this 2020 model ordinance, which
was originally developed by ChangeLab
Solutions and released in 2018. The Center
acknowledges the excellent work done by
ChangeLab Solutions in creating the original
ordinance. This revised model ordinance takes
a comprehensive approach to regulating the
sale of tobacco products and the tobacco retail
environment. It builds on core provisions such
as requiring a local tobacco retailer license by
incorporating several innovative policy options.

It also reflects changes to state and federal
tobacco control laws such as Tobacco 21 and the
federal Food and Drug Administration’s (“FDA”)
Deeming Rule that expands the FDA’s regulatory

COMPREHENSIVE TOBACCO

RETAILER LICENSING ORDINANCE
Sept 27, 2023 Pg. 36
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 2 authority to all tobacco products. The model ordinance offers cities and counties a variety of options to tailor this policy to meet the needs of their communities.* The model ordinance is based on an independent and objective analysis of the relevant law, evidence, and available data. Readers should consider all the evidence and decide for themselves which approach is appropriate for their local jurisdiction.

Customizing the Ordinance
Context boxes are included throughout the ordinance to explain some key provisions. These boxes are not meant to be included in any final ordinance. A city wishing to adopt all or part of this ordinance should keep this in mind and remove the context boxes.

In some instances, blanks (such as [ _____________ ] ) prompt you to customize the language to fit your community’s needs. In other instances, the ordinance offers you a choice of options (such as [ choice one/choice two ]). Some options are followed by a comment that describes the legal provisions in more detail. A degree of customization is always necessary to make sure the ordinance is consistent with a community’s existing laws. Such customization also ensures that communities are using this model ordinance to address local needs and engender health equity.

Tips for Using This Model Ordinance
The best possible world is one without the death and health harms associated with commercial tobacco use.†
Communities differ on their readiness and willingness to adopt certain tobacco control policies that are intended to help make that world a reality. Accordingly, this model ordinance represents a balance between state and federal minimum standards, best public health policy practices, and practicality for city governments in California. This model ordinance contains several policy components that communities may or may not choose to adopt at this time that may go beyond minimum state and federal requirements. * This model ordinance uses “community” as shorthand for a group of people who will be impacted, either directly or indirectly, by a proposed changemaking strategy. People in a community (1) are in a particular geographic area, like a neighborhood or jurisdiction, and/or (2) share a common identity or characteristic. † The Public Health Law Center recognizes that traditional and commercial tobacco are different in the ways they are planted, grown, harvested, and used. Traditional tobacco is and has been used in sacred ways by Indigenous communities and tribes for centuries. Comparatively, commercial tobacco is manufactured with chemical additives for recreational use and profit, resulting in disease and death. For more information, visit: http://www.keepitsacred.itcmi.org.

When the word “tobacco” is used throughout this document, a commercial context is implied and intended.

December 2020
Sept 27, 2023 Pg. 37
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 3 While the Public Health Law Center does not lobby, advocate, or directly represent communities, we can provide assistance through our publications and referrals to experts in the field. Education, stakeholder and community engagement, and a strong advocacy plan are key steps in the adoption of effective tobacco control policies. If a community is unaware of the resources available to it for engaging the community and developing an advocacy plan, or if a city is considering adopting an ordinance and is interested in learning about the range of resources available, please contact the Public Health Law Center. If you have any questions about this ordinance, you can reach us at www.publichealthlawcenter.org.

This publication was prepared by the Public Health Law Center, a nonprofit organization that provides information and legal technical assistance on issues related to public health. The Center does not provide legal representation or advice. The information in this document should not be considered legal advice. This model ordinance was made possible by funds received from Grant Number 19-10229 with the California Department of Public Health, California Tobacco Control Program, and the American Lung Association in California.

December 2020
Sept 27, 2023 Pg. 38
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 4 AN ORDINANCE OF THE [ city/county ] OF
[ insert jurisdiction name ] REGULATING TOBACCO PRODUCT

SALES, REQUIRING THE LICENSURE OF TOBACCO RETAILERS, AND AMENDING THE [ Insert Jurisdiction Name ] MUNICIPAL CODE The [ city council of the city/board of supervisors of the county ] of [ insert jurisdiction name ] does ordain as follows:

Note
This is introductory boilerplate language that should be adapted to the conventional form used in the jurisdiction.

SECTION I. [ See Appendix A: Findings ]
Note
The findings section is part of the ordinance and legislative record, but it usually does not become codified in the municipal code. An ordinance based on this model ordinance should include findings of fact — data, statistics, relevant epidemiological information, for instance — that support the purposes of this ordinance, as well as any legal precedent that directly supports the ordinance.

In addition to serving an educational purpose and building support for the ordinance, the findings can also serve a legal purpose. If the ordinance is challenged in court, the findings are an admissible record of the factual determinations made by the legislative body when considering the ordinance.

Courts will generally defer to legislative determinations of factual issues, which often influence legal conclusions. A list of findings supporting this model ordinance appears in “Appendix A: Findings.” Jurisdictions may select findings from that list to insert here, along with additional findings on local or regional conditions, outcomes, and issues that help make the case for the law.

SECTION II. [ article/section ] of the County/City Code is hereby amended to read as follows:

Sec. [ ____ (*1) ]. DEFINITIONS. The following words and phrases, whenever used in this [ article/chapter ], shall have the meanings defined in this section unless the context clearly requires otherwise:

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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 5 (A) “Arm’s Length Transaction” means a sale in good faith and for valuable consideration that reflects the fair market value between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. (B) “Cannabis” has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time. (C) “Cannabis Product” has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time. (D) “Cannabis Retailer” means any retail establishment in which cannabis or cannabis products are sold or offered for sale to persons that do not hold a license to engage in commercial cannabis activity issued by the State of California in accordance with the Business and Professions Code Section 26000 et seq., as that section may be amended from time to time.
(E) “Child-Resistant Packaging” means packaging that meets the definition set forth in Code of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1, 2015.
(F) “Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than 4.5 pounds per thousand. (G) “Cigarette” means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described herein.
(H) “Compliance checks” means systems the department uses to investigate and ensure that tobacco retailers are following and complying with the requirements of this [ article/ chapter ]. Compliance checks may involve the use of persons between the ages of 18 and 20 who purchase or attempt to purchase tobacco products. Compliance checks may also be conducted by the department or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to tobacco products.
(I) “Coupon” means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.

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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 6 (J) “Delivery sale” means the sale of any tobacco product to any person for personal consumption and not for resale when the sale is conducted by any means other than an in-person, over-the-counter sales transaction in a tobacco retail establishment. Delivery sale includes the sale of any tobacco product when the sale is conducted by telephone, other voice transmission, mail, the internet, or app-based service. Delivery sale includes delivery by licensees or third parties by any means, including curbside pick-up. (K) “Department” means [ insert department name ] and any agency or person designated by the Department to enforce or administer the provisions of this [ article/chapter ]. (L) “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. (M) “Flavored Tobacco Product” means any tobacco product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a tobacco product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb, or spice. (N) “Full Retail Price” means the price listed for a tobacco product on its packaging or on any related shelving, advertising, or display where the tobacco product is sold or offered for sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price. (O) “Little Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than 4.5 pounds per thousand. “Little Cigar” includes, but is not limited to, tobacco products known or labeled as small cigar, little cigar, or cigarillo.
(P) “Manufacturer” means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States. (Q) “Moveable place of business” means any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions.

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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 7 (R) “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. (S) “Pharmacy” means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals.
(T) “Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10% or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person has or shares ultimate control over the day-to-day operations of a business.
(U) “Recreation Facility” means an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes, and includes but is not limited to a gymnasium, playing court, playing field, and swimming pool.
(V) “Sale” or “Sell” means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever. (W) “Self-Service Display” means the open display or storage of tobacco products in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct face-to-face transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of selfservice display. (X) “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. “Smoking” includes using an electronic smoking device. (Y) “Tobacco Product” means:
(1) any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;
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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 8 (2) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or (3) any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.
“Tobacco product” does not mean drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

Note
Both the definition of “electronic smoking device” and “tobacco product” in this model include substances that go into an electronic smoking device regardless of whether they contain nicotine. In a jurisdiction that already regulates the commercial sale of cannabis products, these definitions might result in an overlapping and possibly confusing regulatory regime where certain products are covered by both the tobacco and cannabis laws. The Center can provide additional language to exclude regulated cannabis products under a TRL. (Z) “Tobacco Retailer” means any person who sells, offers for sale, or exchanges or offers to exchange for any form of consideration, tobacco products. This definition is without regard to the quantity of tobacco products sold, offered for sale, exchanged, or offered for exchange. (AA) “Tobacco Retailing” means engaging in the activities of a tobacco retailer. (AB) “Youth-Oriented Facility” means a parcel in the [ city/county ] that is occupied by:
(1) a private or public kindergarten, elementary, middle, junior high, or high school; (2) a library open to the public;
(3) a playground open to the public;
(4) a youth center, defined as a facility where children, ages 6 to 17, inclusive, come together for programs and activities;
(5) a recreation facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes;
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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 9 (6) a park open to the public or to all the residents of a private community; (7) a licensed child-care facility or preschool [other than a small-family day care home or a large-family day care home [as defined in California Health & Safety Code § 1596.78]];
Sec. [ ____ (*2) ]. GENERAL REQUIREMENTS AND PROHIBITIONS. (A) TOBACCO RETAILER’S LICENSE REQUIRED. It shall be unlawful for any person to engage in tobacco retailing in the [ city/county ] without first obtaining and maintaining a valid tobacco retailer’s license for each location at which tobacco retailing is to occur. Tobacco retailing without a valid tobacco retailer’s license is a nuisance as a matter of law. (B) LAWFUL BUSINESS OPERATION. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this [ article/chapter ] for a licensee, or any of the licensee’s agents or employees, to violate any local, state, or federal law applicable to the sale of tobacco products. (C) SMOKING PROHIBITED. Smoking, including smoking for the purpose of sampling any tobacco product, is prohibited within the indoor area of any retail establishment licensed under this chapter. Smoking also prohibited outdoors within 25 feet of any retail establishment licensed under this [ article/chapter ].
(D) MINIMUM LEGAL SALES AGE. No person engaged in tobacco retailing shall sell a tobacco product to a person under 21 years of age.
(E) DISPLAY OF LICENSE. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.
(F) POSITIVE IDENTIFICATION REQUIRED. No person engaged in tobacco retailing shall sell a tobacco product to another person without first verifying by means of governmentissued photographic identification that the recipient is at least 21 years of age. (G) SELF-SERVICE DISPLAYS PROHIBITED. Tobacco retailing by means of a self-service display is prohibited.
(H) ON-SITE SALES. All sales of tobacco products shall be conducted in-person in the licensed location. It shall be a violation of this [ article/chapter ] for any tobacco retailer or any of the tobacco retailer’s agents or employees to engage in the delivery sale of tobacco products or to knowingly or recklessly sell or provide tobacco products to any person that intends to engage in the delivery sale of the tobacco product in the [ city/county ].

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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 10 Sec. [ ____ (*3) ]. SALE OF FLAVORED TOBACCO PRODUCTS
PROHIBITED.
(A) FLAVORED TOBACCO PRODUCT SALES PROHIBITED. It shall be unlawful for any tobacco retailer to sell any flavored tobacco product.
(B) PRESUMPTIVE FLAVORED TOBACCO PRODUCT. A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has a taste or smell other than tobacco shall constitute presumptive evidence that the tobacco product is a flavored tobacco product.

Sec. [ ____ (*4) ]. TOBACCO PRODUCT PRICING AND PACKAGING. (A) PACKAGING AND LABELING. No tobacco retailer shall sell any tobacco product to any consumer unless the tobacco product: (1) is sold in the manufacturer’s packaging intended for sale to consumers; (2) conforms to all applicable federal labeling requirements; and (3) conforms to all applicable child-resistant packaging requirements. (B) DISPLAY OF PRICE. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed on the tobacco product or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale. (C) DISTRIBUTION OF TOBACCO SAMPLES OR PROMOTIONAL ITEMS. It is unlawful for any person to distribute free or nominally priced tobacco products. (D) PROHIBITION OF TOBACCO COUPONS AND DISCOUNTS. No tobacco retailer shall:
(1) honor or redeem, or offer to honor or redeem, a coupon to allow a consumer to purchase a tobacco product for less than the full retail price; (2) sell any tobacco product to a consumer through a multiple-package discount or otherwise provide any such product to a consumer for less than the full retail price in consideration for the purchase of any tobacco product or any other item; or (3) provide any free or discounted item to a consumer in consideration for the purchase of any tobacco product.
(E) MINIMUM PACKAGE SIZE FOR LITTLE CIGARS AND CIGARS. No tobacco retailer shall sell:
(1) any little cigar unless it is sold in a package of at least [ 20 ] little cigars; or December 2020
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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 11 (2) any cigar unless it is sold in a package of at least at least [ 6 ] cigars ; provided, however, that this subsection shall not apply to a cigar that has a price of at least [ $X.00 ] per cigar, including all applicable taxes and fees. (F) MINIMUM PRICES FOR CIGARETTES, LITTLE CIGARS, AND CIGARS. No tobacco retailer shall sell:
(1) Cigarettes at a price that is less than [ $X.00 ] per package of 20 cigarettes, including all applicable taxes and fees;
(2) Little cigars at a price that is less than [ $X.00 ] per package of little cigars, including all applicable taxes and fees; or
(3) Cigars at a price that is less [ $X.00 ] per cigar, including all applicable taxes and fees.

The minimum prices established in this section shall be adjusted annually by the Department in proportion with the Consumer Price Index, using a system established by the Department.

Note
Indexing minimum prices to inflation is an efficient policy that does not require decisionmakers to amend the TRL annually to keep up with prevailing prices. Jurisdictions in California have pegged the prices to the nearest U.S. Bureau of Labor Statistics statistical area, and the language here is broad enough that a jurisdiction can take that approach or determine another effective way to adjust the prices over time.

Sec. [ ____ (*5) ]. LIMITS ON ELIGIBILITY FOR A TOBACCO RETAILER LICENSE.
(A) MOBILE VENDING. No license may issue to authorize tobacco retailing at other than a fixed location. No tobacco retail license will be issued to a moveable place of business. (B) LICENSED CANNABIS BUSINESSES. No license may issue, and no existing license may be renewed, to authorize tobacco retailing at a location licensed for commercial cannabis activity by the State of California under Business and Professions Code Division 10. (C) PHARMACIES. No license may issue, and no existing license may be renewed, to authorize tobacco retailing in a pharmacy.

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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 12 (D) PROXIMITY TO YOUTH-ORIENTED FACILITIES. No license may issue, and no existing license may be renewed, to authorize tobacco retailing within [ 1000 ] feet of a youthoriented facility as measured by a straight line from the nearest point of the property line of the parcel on which the youth-oriented facility is located to the nearest point of the property line of the parcel on which the applicant’s business is located. (E) PROXIMITY TO OTHER TOBACCO RETAILERS. No license may issue, and no existing license may be renewed, to authorize tobacco retailing within [ 1000 ] feet of a tobacco retailer location already licensed pursuant to this [ article/chapter ] as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the parcel on which an existing licensee’s business is located.
(F) PROXIMITY TO CANNABIS RETAILERS. No license may issue, and no existing license may be renewed, to authorize tobacco retailing within [ 1000 ] feet of an existing cannabis retailer as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the parcel on which an existing cannabis retailer is located.

Note
The three proximity limitations above would prohibit tobacco retailing within a certain distance of relevant businesses and facilities with no grandfathering of existing licensed retailers. As a result, retail licenses for locations that do not meet these proximity limitations would not be renewable after expiring. Issuing a tobacco retail license is a privilege, not a right, and jurisdictions have the authority to grant or deny tobacco retailer licenses.

Accordingly, it would be unlikely for a tobacco retailer to successfully argue that refusing to renew their license is a violation of the constitutional guarantee against taking property without due process. To deal with potential “takings” claims, some jurisdictions have created a hearing process for affected businesses where they can make hardship arguments and ask for additional time to sell prohibited products, allowing for some more flexibility on a caseby-case basis and under extraordinary circumstances. (G) POPULATION AND DENSITY. The issuing of tobacco retailer licenses is limited as follows:
(1) The total number of tobacco retailer licenses within the [ city/county ] shall be limited to one for each [ 2,500 ] inhabitants of the [ city/county ].

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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 13 (2) For the purposes of this subsection, the total population of the [ city/county ] shall be determined by the most current published total available from the U.S. Census Bureau or the California State Department of Finance, whichever has been more recently updated, as of the date the license application is filed. (3) No new license may issue to authorize tobacco retailing if the number of tobacco retailer licenses already issued equals or exceeds the total number authorized pursuant to subsection (1).

Sec. [ ____ (*6) ]. APPLICATION PROCEDURE.
(A) An application for a tobacco retailer’s license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof. All applications shall be submitted on a form supplied by the Department.
(B) A license issued contrary to this [ article/chapter ], contrary to any other law, or on the basis of false or misleading information shall be revoked pursuant to Section [ ____(*13) (c) ] of this [ article/chapter ]. Nothing in this [ article/chapter ] shall be construed to vest in any person obtaining and maintaining a tobacco retailer’s license any status or right to act as a tobacco retailer in contravention of any provision of law. (C) Applicant submissions shall contain the following information:
(1) The name, address, and telephone number of each proprietor of the business seeking a license.
(2) The business name, address, and telephone number of the location for which a license is sought.
(3) The name and mailing address authorized by each proprietor to receive all communications and notices required by, authorized by, or convenient to the enforcement of this [ article/chapter ].
(4) Proof that the location for which a tobacco retailer’s license is sought has been issued all necessary state licenses for the sale of tobacco products. (5) Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this [ article/chapter ] or any other local, state, or federal law governing the sale of tobacco products and, if so, the dates and locations of all such violations within the previous five years.

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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 14 (6) A signed affidavit affirming that the proprietor has not sold and will not sell any tobacco product without a license required by this [ article/chapter ]. (7) Such other information as the Department deems necessary for the administration or enforcement of this [ article/chapter ] as specified on the application form required by this section.
(D) A licensed tobacco retailer shall inform the Department in writing of any change in the information submitted on an application for a tobacco retailer’s license within [ 10 ] business days of a change.

Sec. [ ____ (*7) ]. LICENSE ISSUANCE OR DENIAL.
(A) ISSUANCE OF LICENSE. Upon the receipt of a complete and adequate application for a tobacco retailer’s license and the license fee required by this [ article/chapter ], the Department may approve or deny the application for a license, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary.
(B) DENIAL OF APPLICATION. The department may deny an application for a tobacco retailer’s license based on any of the following:
(1) The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this [ article/chapter ]; (2) The application seeks authorization for tobacco retailing at a location for which this [ article/chapter ] prohibits a licensed to be issued;
(3) The application seeks authorization for tobacco retailing for a proprietor to whom this [ article/chapter ] prohibits a license to be issued; or (4) The application seeks authorization for tobacco retailing in a manner that is prohibited pursuant to this [ article/chapter ], that is unlawful pursuant to any other [ article/chapter ] of this Code, or that is unlawful pursuant to any other law. (5) Any other any other suitable reason the granting of a license to the applicant is not consistent with the public health and welfare, including the applicant’s history of noncompliance with this [ article/chapter ] and other laws relating to the sale of tobacco products.

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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 15 Sec. [ ____ (*8) ]. LICENSE RENEWAL AND EXPIRATION.
(A) RENEWAL OF LICENSE. A tobacco retailer’s license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is [ 1 year ]. Each tobacco retailer shall apply for the renewal of their tobacco retailer’s license and submit the license fee no later than [ 30 ] days prior to expiration of the current license. A retailer that fails to timely submit a renewal application and fee is ineligible for license renewal and must submit a new application pursuant to Section [ ____ (*6) ].

Sec. [ ____ (*9) ]. LICENSES NOT TRANSFERABLE, PAST VIOLATIONS AT RETAIL LOCATION.
(A) LICENSES NOT TRANSFERRABLE. A tobacco retailer’s license may not be transferred from one person to another or from one location to another. A new tobacco retailer’s license is required whenever a tobacco retailing location has a change in proprietors. (B) PAST VIOLATIONS. Notwithstanding any other provision of this [ article/chapter ], prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless:
(1) the location has been transferred to new proprietor(s) in an arm’s length transaction; and (2) the new proprietor(s) provide the [ city/county ] with clear and convincing evidence that the new proprietor(s) have acquired the location in an arm’s length transaction.

Sec. [ ____ (*10) ]. LICENSE CONVEYS A LIMITED, CONDITIONAL PRIVILEGE.

Nothing in this [ article/chapter ] shall be construed to grant any person obtaining and maintaining a tobacco retailer’s license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the [ City/County ] identified on the face of the permit. Nothing in this [ article/chapter ] shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law.

Sec. [ ____ (*11) ]. FEE FOR LICENSE.

The fee to issue or to renew a tobacco retailer’s license shall be established from time to time by resolution of the [ city council/board of supervisors ]. The fee shall be calculated so as to recover the total cost of administration and enforcement of this [ article/chapter ], including, but not limited to, issuing a license, administering the license program, retailer education, December 2020
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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 16 retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this [ article/ chapter ]. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law.

Note
The California Constitution places some limits on how much a jurisdiction can charge in a fee, deeming excessive fees to be taxes that require a vote of the people. Nonetheless, without a referendum, it is lawful to impose a fee on applicants in an amount sufficient to offset the reasonable regulatory cost of the entire tobacco retailer enforcement program of the locality.

Sinclair Paint Co. v. Board of Equalization, 15 Cal. 4th 866 (1997); Griffith v. City of Santa Cruz, 207 Cal. App. 4th 982 (2012).

The license fee can incorporate the cost of enforcing all tobacco laws related to tobacco retailing because a violation of any tobacco-related law is a basis for suspension of a license. The Public Health Law Center can provide further information on some of the factors to consider when calculating a reasonable license fee.

Sec. [ ____ (*12) ]. COMPLIANCE MONITORING.
(A) Compliance with this [ article/chapter ] shall be monitored by the Department. In addition, the [ City/County ] may designate additional persons to monitor compliance with this [ article/chapter ]. All licensed premises must be open to inspection by [ city/ county ] staff or designated persons during regular business hours. (B) The Department shall inspect each tobacco retailer at least [ 3 ] times per 12 month period to ensure compliance with this [ article/chapter ].

Note
Subsection (b) allows for the inspection of licensed premises to check for any violations of this ordinance or other tobacco control laws. For example, some inspections might focus on pricing or flavored product violations, but preferably inspectors would be able to review compliance with all applicable laws during the inspections. For more information on challenges and case studies in enforcing TRL requirements please contact the Center.

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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 17 (C) The [ city/county ] will conduct at least [ one ] compliance check per 12-month period that involves the participation of persons between the ages of 18 and 20 to enter licensed premises to attempt to purchase tobacco products.

Note
This underage sales compliance provision requires a minimum of one check per year, but jurisdictions might choose to require more frequent compliance checks to ensure consistent compliance.
(D) Nothing in this section shall create a right of action in any licensee or other person against the [ city/county ] or its agents.

Sec. [ ____ (*13) ]. SUSPENSION OR REVOCATION OF LICENSE. (A) SUSPENSION OR REVOCATION OF LICENSE FOR VIOLATION. In addition to any other penalty authorized by law, a tobacco retailer’s license shall be suspended or revoked if the Department finds, based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the licensee’s agents or employees, have violated any of the requirements, conditions, or prohibitions of this [ article/chapter ]; such violation is determined by any court of competent jurisdiction; or the licensee has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any law designated in Section [ ____(*2) ] above. (1) Upon a finding by the Department of a first violation of this [ article/chapter ] at a location, the license shall be suspended for [ 30 ] days. (2) Upon a finding by the Department of a second violation of this [ article/chapter ] at a location within any [ 5 ]-year period, the license shall be suspended for [ 90 ] days. (3) Upon a finding by the Department of a third violation of this [ article/chapter ] at a location within any [ 5 ] year period, the license shall be suspended for [ 1 ] year. (4) Upon a finding by the Department of four or more violations of this [ article/chapter ] at a location within any [ 5 ] year period, the license shall be revoked. (B) APPEAL OF SUSPENSION OR REVOCATION. A decision of the Department to suspend or revoke a license is appealable to [ the name of appellate agency, panel, or person (for December 2020
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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 18 example, Board of Supervisors, city manager, or director of the health department) ] and any appeal must be filed in writing with [ the name of the agency, panel, or person to receive the notice (for example, Board of Supervisors) ] within 10 days of mailing of the Department’s decision. If such an appeal is timely made, it shall stay enforcement of the appealed action. An appeal to [ the name of appellate agency, panel, or person ] is not available for a revocation made pursuant to subsection (c) below. (C) REVOCATION OF LICENSE WRONGLY ISSUED. A tobacco retailer’s license shall be revoked if the Department finds, after the licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a license under Section [ ____(*7) ] existed at the time application was made or at any time before the license issued. The decision by the Department shall be the final decision of the [ city/county ].

Sec. [ ____ (*14) ]. TOBACCO RETAILING WITHOUT A VALID LICENSE. (A) INELIGIBLE FOR LICENSE. In addition to any other penalty authorized by law, if the Department finds, or if a court of competent jurisdiction determines, based on a preponderance of evidence after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer’s license, either directly or through the person’s agents or employees, the person shall be ineligible to apply for, or to be issued, a tobacco retailer’s license as follows:
(1) After a first violation of this section at a location, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until [ 30 ] days have passed from the date of the violation.
(2) After a second violation of this section at a location within any [ 5 year ] period, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until [ 90 ] days have passed from the date of the violation. (3) After of a third or subsequent violation of this section at a location within any [ 5 year ] period, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until [ 5 ] years have passed from the date of the violation.

Sec. [ ____ (*15) ]. ADDITIONAL REMEDIES.
(A) The remedies provided by this [ article/chapter ] are cumulative and in addition to any other remedies available at law or in equity.

December 2020
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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 19 (B) Whenever evidence of a violation of this [ article/chapter ] is obtained in any part through the participation of a person under the age of 18 years, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this [ article/chapter ] and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. (C) Violations of this [ article/chapter ] are subject to a civil action brought by the [ district attorney ] or the [ county counsel ], punishable by a civil fine not less than [ $250 ] and not exceeding [ $1,000 ] per violation.
(D) Violations of this [ article/chapter ] may, in the discretion of the [ district attorney/county counsel ], be prosecuted as infractions or misdemeanors when the interests of justice so require.
(E) Violations of this [ article/chapter ] are hereby declared to be public nuisances. (F) In addition to other remedies provided by this [ article/chapter ] or by other law, any violation of this [ article/chapter ] may be remedied by a civil action brought by the [ district attorney/county counsel ], including administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief. (G) Tobacco products offered for sale in violation of this [ article/chapter ] are subject to seizure by the Department or its designee and shall be forfeited after the licensee or any other owner of the tobacco products seized is given reasonable notice and an opportunity to demonstrate that the tobacco products were not offered for sale in violation of this [ article/chapter ]. The decision by the Department may be appealed pursuant to the procedures set forth in Section [ ____(*13)(b) ]. Forfeited tobacco products shall be destroyed and properly disposed of at the cost of the seller after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to California Code of Civil Procedure section 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final. (H) For the purposes of the civil remedies provided in this [ article/chapter ]:
(1) Each day on which a tobacco product is distributed, sold, or offered for sale in violation of this [ article/chapter ] shall constitute a separate violation of this [ article/chapter ]; and
(2) Each individual tobacco product that is distributed, sold, or offered for sale in violation of this [ article/chapter ] shall constitute a separate violation of this [ article/chapter ].

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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 20 (I) All tobacco retailers are responsible for the actions of their employees relating to the sale, offer to sell, and furnishing of tobacco products at the retail location. The sale of any tobacco product by an employee shall be considered an act of the tobacco retailer.

Sec. [ ____ (*16) ]. EXCEPTIONS.
(A) Nothing in this [ article/chapter ] prevents the provision of tobacco products to any person as part of an indigenous practice or a lawfully recognized religious or spiritual ceremony or practice.
(B) Nothing in this [ article/chapter ] shall be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing.

Sec. [ ____ (*17) ]. CONSTRUCTION & SEVERABILITY. It is the intent of the [ board of supervisors/city council ] of [ county/city ] to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this [ article/chapter ], or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this [ article/chapter ], or its application to any other person or circumstance. The [ board of supervisors/city council ] of [ jurisdiction ] hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Sec. [ ____ (*18) ]. PUBLIC RECORDS. All information provided to the Department by a licensee or license applicant pursuant to this [ article/chapter ] shall be subject to disclosure under the California Public Records Act (California Government Code section 6250 et seq.) or any other applicable law.

SECTION III. EFFECTIVE DATE. This Ordinance shall take effect and be in force from and after [ 30 days after date of enactment ]; provided, however, that Section [ ____(*3) ] shall not take effect until [ 6 months after date of enactment ].

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Sept 27, 2023 Pg. 55
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 21 Appendix A: Findings.

The [ city council of the city/board of supervisors of the county ] of [ insert jurisdiction name ] hereby finds and declares as follows:

WHEREAS, the [ city council/board of supervisors ] finds that a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the [ city council/board of supervisors ], to protect the health, safety, and welfare of our residents;
WHEREAS, approximately 480,000 people die in the United States from smoking-related diseases and exposure to secondhand smoke every year, making tobacco use the nation’s leading cause of preventable death;2
WHEREAS, the World Health Organization (WHO) estimates that tobacco kills 8 million people and causes over 1.4 trillion dollars in economic damage each year;136 WHEREAS, 5.6 million of today’s Americans who are younger than 18 years of age are projected to die prematurely from a smoking-related illness;2 WHEREAS, tobacco use is the number one cause of preventable death in California137 and continues to be an urgent public health issue, as evidenced by the following:
{ 40,000 California adults die from their own smoking annually;1 { More than 25% of all adult cancer deaths in California are attributable to smoking;138 { Smoking costs California $13.29 billion in annual health care expenses, $3.58 billion in Medicaid costs caused by smoking, and $10.35 billion in smoking-caused productivity losses;139
{ Tobacco use can cause disease in nearly all of the organs of the body and is responsible for 87% of lung cancer deaths, 32% of coronary heart disease deaths, and 79% of all cases of chronic obstructive pulmonary disease in the United States;2 WHEREAS, tobacco use among priority populations in California contributes to health disparities and creates significant barriers to health equity, as evidenced by the following:
{ African American (20.4%), Asian or Pacific Islander (11.4%), and Hispanic (15.2%) males all report a higher smoking prevalence than the statewide average among all adults (11.0%);9 { American Indian/Alaska Native Californians have the highest smoking prevalence (19.1%) among all reported adult demographic populations;9
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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 22 { Smoking is more prevalent among rural (14.9%) compared to urban (10.6%) Californians;9 { Californians with the highest levels of educational attainment and annual household income have the lowest smoking prevalence;9
{ Adults who identify as lesbian, gay, bisexual, or transgender report smoking at a higher rate (17.4%) than the statewide average (11.0%);9
{ Those who reported experiencing psychological distress in the past month smoke at rates (26.7%) higher than the statewide average (11.0%);9
[ insert local data if available ]
WHEREAS, despite the state’s efforts to limit youth access to tobacco, youth are still able to access tobacco products, as evidenced by the following:
{ In California, research indicates over 67% of current and former adult smokers started by the age of 18 and almost 100% start by age 26;140
{ In California, from 2017 to 2018, approximately 13% of high school students reported using tobacco;9
{ Disparities in tobacco use exist among California high school students, with higher rates found among LGBTQ, American Indian, and Pacific Islander youth;9 { Unless smoking rates decline, an estimated 441,000 of all California youth who are alive today will die prematurely from smoking-related diseases;2 { In 2017, 22.8% of high school students in California had tried cigarette smoking;141 { Between 2014 and 2018, electronic smoking device use among California youth increased from 14.1% to 46.2%;8
[ insert local data if available ]
WHEREAS, the tobacco industry encourages youth and young adult tobacco initiation through predatory targeting,11 as evidenced by the following:
{ Tobacco companies target young adults ages 18 to 24 to increase their frequency of tobacco use and encourage their transition to habitual users;66 { Tobacco industry documents state that if “a man has never smoked by the age of 18, the odds are three-to-one he never will. By age 24, the odds are twenty-to-one”;142 December 2020
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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 23 { The tobacco industry spends an estimated $496 million annually to market tobacco products to California residents;139
WHEREAS, California retailers continue to sell tobacco to underage consumers, evidenced by the following:
{ 9.3% of high school students in California reported buying their own electronic cigarette from a store;141
{ 19.1% of California tobacco retailers unlawfully sold tobacco products to underage persons in 2018;9
[ insert local data if available ]
WHEREAS, requiring tobacco retailers to obtain a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell tobacco products to adults but will, however, allow the [ city council/board of supervisors ] to regulate the operation of lawful businesses to discourage violations of federal, state, and local tobacco control and youth tobacco access laws, as evidenced by the following:
{ Tobacco products are the number one seller in U.S. convenience stores, and in 2018, they generated an average of $523,084 in sales per store;143 { Systematic scientific reviews indicate that merchant compliance with youth tobacco sales laws reduces the rate of tobacco use among adolescents;26,27 { Studies found increased retailer compliance and reduced tobacco sales to youth following implementation and active enforcement of youth tobacco sales laws paired with penalties for violations;144,145
{ A review of 41 California communities with strong tobacco retailer licensing ordinances found that youth sales rates declined in 40 of these communities after the ordinances were enacted, with an average 69% decrease in the youth sales rate;25 WHEREAS, the federal Family Smoking Prevention and Tobacco Control Act (“Tobacco Control Act”), enacted in 2009, prohibited candy- and fruit-flavored cigarettes,28 largely because these flavored products are marketed to youth and young adults,26,35,145 and younger smokers were more likely than older smokers to have tried these products;26 WHEREAS, neither federal nor California state laws restrict the sale of menthol cigarettes or flavored non-cigarette tobacco products, such as cigars, cigarillos, smokeless tobacco, hookah tobacco, electronic smoking devices, and the solutions used in these devices; December 2020
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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 24 WHEREAS, in 2018, more than 86% of tobacco retailers in California sold flavored noncigarette tobacco products, over 91% of tobacco retailers sold menthol cigarettes,80 and, as of 2016, 8 out of 10 tobacco retailers near schools sold flavored non-cigarette tobacco products;147
WHEREAS, flavored tobacco products are used by the majority of youth and young adult tobacco users (86.4% and 57.7%, respectively) in California;9 WHEREAS, mentholated and flavored products have been shown to be “starter” products for youth who begin using tobacco26,148,149 and that these products help establish tobacco habits that can lead to long-term addiction;26,150,151
WHEREAS, between 2004 and 2014, use of non-menthol cigarettes decreased among all populations, but overall use of menthol cigarettes increased among young adults (ages 18 to 25) and adults (ages 26+);30
WHEREAS, flavored tobacco has significant public health implications for youth and people of color as a result of targeted industry marketing strategies and product manipulation;11,26,152,153 WHEREAS, a review of advertising, promotions, and pack prices near California high schools found that “for each 10 percentage point increase in the proportion of Black students, the proportion of menthol advertising increased by 5.9% … the odds of a Newport [a leading brand of mentholated cigarettes] promotion were 50% higher … and the cost of Newport was 12 cents lower.” There was no such association found for non-mentholated cigarettes;154 WHEREAS, scientific reviews by the FDA and the Tobacco Products Scientific Advisory Committee (“TPSAC”) found marketing of menthol cigarettes likely increases the prevalence of smoking among the entire population, but especially among youth, African Americans,33 and possibly Hispanic and Latino individuals;34 and that menthol cigarettes are associated with increased initiation and progression to regular cigarette smoking, increased dependence on cigarettes, and reduced success in smoking cessation, especially among African American menthol smokers;33
WHEREAS, research indicates that the FDA ban in 2009 on all flavored cigarette products (except menthol) led to a 6% decrease in youth tobacco use and a 17% decrease in the likelihood of a youth becoming a cigarette smoker;155
WHEREAS, studies indicate that laws prohibiting the sale of flavored tobacco products lead to decreases in youth tobacco use, as evidenced by the following:

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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 25 { An evaluation of New York City’s law, which prohibits the sale of all flavored tobacco, excluding menthol, indicated that as a result of the law, youth had 37% lower odds of ever trying flavored tobacco products and 28% lower odds of ever using any type of tobacco;156 { An evaluation of a law in Providence, Rhode Island, which prohibits the sale of all flavored tobacco, excluding menthol, indicated that as a result of the law, current use of any tobacco product among high school youth declined from 22% to 12% and e-cigarette use declined from 13.3% to 6.6%, even as statewide e-cigarette use among high school increased to more than 20%;157
WHEREAS, the health effects of non-cigarette tobacco products such as cigars, cigarillos, smokeless tobacco, and shisha are substantial as demonstrated by research that shows that non-cigarette tobacco products have addictive levels of nicotine, harmful toxins, and dangerous carcinogens;158-164
WHEREAS, unlike cigarette use that has steadily declined among youth, the prevalence of the use of non-cigarette tobacco products has increased among California youth;9 WHEREAS, the availability of inexpensive tobacco products leads to increased tobacco use as evidenced by more than 100 academic studies that conclusively show that when tobacco products are made more expensive, fewer people use tobacco, fewer initiate tobacco use, and more people quit tobacco use;2,48-51,53-58
WHEREAS, research has also consistently shown that increases in cigarettes prices will result in less smoking across various sociodemographic populations;165 WHEREAS, a systematic review by the U.S. Community Preventive Services Task Force found that a 20% price increase would reduce demand for cigarettes by approximately 10.4%, the prevalence of adult tobacco use by 3.6%, and initiation of tobacco use by young people by 8.6%;49 WHEREAS, unequal price increases across different types of tobacco products lead to substitution from one product to another;56,58
WHEREAS, youth are particularly responsive to changes in tobacco prices,26,52,54,166 and evidence suggests that tobacco companies deliberately target youth with price reductions;26,51,64-66,167 WHEREAS, evidence also suggests that cigarettes are cheaper in neighborhoods with lower household incomes,118,168 Newport menthol cigarettes cost less in areas with higher proportions of African Americans,118 and underserved communities are targeted with price discounts and coupons;169-171
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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 26 WHEREAS, tobacco companies spend considerably to decrease the price of their products in order to counter state and local tobacco control efforts, appeal to price-sensitive consumers, and increase demand for tobacco products. For example, tobacco companies spent the majority of their cigarette marketing budgets on price discounts, accounting for nearly $6.2 billion of $8.6 billion advertising and promotional expenditures in 2018; 50,51,62 WHEREAS, the tobacco industry’s price discounting strategies, such as coupons and multiplepackage discounts, are popular among consumers, with more than half of adults using some price minimization strategy.70 Coupon receipt and redemption appears more prevalent among white, younger, female, sexual minority, and more nicotine dependent smokers.172 In California, individuals who used price minimization strategies saved an average $1.04 per pack (or 18.6% off the total) in 2010;70
WHEREAS, price-discounted sales account for a substantial proportion of overall tobacco product sales;63
WHEREAS, although federal and state law ban the sale of individual cigarettes,78,173 neither federal nor California state laws restrict the sale of individual little cigars and cigars; WHEREAS, many retailers sell little cigars and cigars individually, making them more affordable and appealing to youth.79 Additionally:
{ 78.3% of California tobacco retailers sell a popular brand of youth-friendly cigars for less than $1.00;79
{ Between 2012 and 2016, annual sales of cigarillos increased by 78% overall and by 155% for “concept-flavored” (e.g., Jazz) cigarillos;174
WHEREAS, a 10% increase in cigar prices has been associated with decreased cigar sales175,176 and may significantly reduce cigar use among youth;177
WHEREAS, neither federal nor California state laws set a minimum price for tobacco products; WHEREAS, minimum price markups and related laws in other states have been shown to be effective at increasing the price of cigarettes but may remain vulnerable to price manipulation by the tobacco industry without attention to coupons and discounts;82 WHEREAS, studies have estimated that if price discounts were prohibited across the United States, the number of people who smoke would decrease by more than 13%;68 the impact of a $10 federal minimum floor price for cigarettes could reduce the number of packs sold in the United States by 5.7 billion per year and prompt more than 10 million smokers to quit;55 and that a state-level minimum floor price law designed to raise the average price of cigarette December 2020
Sept 27, 2023 Pg. 61
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 27 packs by just under $2.00 could decrease the prevalence of cigarette use and consumption by by more than 4% and reduce income-based smoking disparities in California;86 WHEREAS, by selling tobacco products, pharmacies reinforce positive social perceptions of smoking, convey tacit approval of tobacco use, and send a message that it is not so dangerous to smoke;178,179
WHEREAS, pharmacies sell cigarettes cheaper than other stores118 and advertise tobacco product discounts more than other stores in California;80 WHEREAS, tobacco-free pharmacy sales policies decrease the availability of tobacco products by reducing tobacco retailer density by up to three times compared with communities that do not have such policies,119 and immediately after the nationwide CVS policy change to not sell tobacco products, cigarette purchases declined and smokers who had previously purchased their cigarettes exclusively at CVS were up to twice as likely to stop buying cigarettes entirely;120 WHEREAS, research indicates that the density and proximity of tobacco retailers increase smoking behaviors, including number of cigarettes smoked per day,90 particularly in neighborhoods experiencing poverty;90,180-182
WHEREAS, the density of tobacco retailers near adolescents’ homes has been associated with increased youth smoking rates101 and initiation of noncigarette tobacco product use;183 WHEREAS, adults who smoke are likely to have a harder time quitting when residential proximity to tobacco retailers is closer107 and density is higher;184-186 WHEREAS, tobacco retailers are more prevalent in underserved communities, especially in neighborhoods with a higher proportion of African American or Hispanic residents;93-98 WHEREAS, tobacco retailer density is higher in urban compared to rural areas, except for lowincome communities, which have higher tobacco retailer densities regardless of geography, and Hispanic communities, which are associated with variable retailer densities across geography;97,187 WHEREAS, policies to reduce tobacco retailer density have been shown to be effective103,104,188,189 and can reduce or eliminate inequities in the location and distribution of tobacco retailers;103,104
WHEREAS, six out of 10 tobacco retailers in California sold cigar products using cannabisrelated flavor descriptors and these retailers were more prevalent in school neighborhoods with lower median income;190
WHEREAS, both youth and adult tobacco users are more likely to also use cannabis;191,192 December 2020
Sept 27, 2023 Pg. 62
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 28 WHEREAS, strict enforcement of policies prohibiting retail sales of cigarettes to youth, sales of cigarettes via vending machines, and other means through which youth gain access to tobacco in the commercial settings can limit their opportunities to obtain these products;26,27 WHEREAS, strong policy enforcement and monitoring of retailer compliance with tobacco control policies (e.g., requiring identification checks) is necessary to achieve reductions in youth tobacco sales;193,194
WHEREAS, the Institute of Medicine recognizes that retailers are not likely to comply with youth tobacco access laws unless such laws are actively enforced through retailer compliance checks paired with meaningful penalties on business owners for violations;195 WHEREAS, state law explicitly permits cities and counties to enact local tobacco retail licensing ordinances, and allows for the suspension or revocation of a local license for a violation of any state tobacco control law (Cal. Bus. & Prof. Code § 22971.3); WHEREAS, California courts have affirmed the power of the [ city council/board of supervisors ] to regulate business activity to discourage violations of law. See, e.g., Cohen v.

Board of Supervisors, 40 Cal. 3d 277 (1985); Bravo Vending v. City of Rancho Mirage, 16 Cal. App. 4th 383 (1993); Prime Gas, Inc. v. City of Sacramento, 184 Cal. App. 4th 697 (2010); WHEREAS, over 180 cities and counties in California have passed tobacco retailer licensing ordinances in an effort to stop youth from using tobacco;9 WHEREAS, the [ city council/board of supervisors ] has a substantial interest in protecting youth and underserved populations from the harms of tobacco use; and WHEREAS, the [ city council/board of supervisors ] finds that a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the [ Insert jurisdiction name ] in order to protect the health, safety, and welfare of our residents;
NOW THEREFORE, it is the intent of the [ city council/board of supervisors ], in enacting this ordinance, to ensure compliance with the business standards and practices of the [ city/ county ] and to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those which prohibit or discourage the sale or distribution of tobacco products to youth, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein.

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1 California Municipalities with a Tobacco Retailer License & Fees January 2023
The following list contains the fees associated with obtaining a local tobacco retailer license in each of the 221 California jurisdictions that require such a license. The fees were collected in 2021 – 2023, unless otherwise noted.

Municipality Enactment
Date Population Fee
Alameda County

1. Alameda 11/2018 78,522 No fee set

2. Alameda County 1/2020 149,023 $940/yr

3. Albany 2/2009 19,804 $250/yr

4. Berkeley 12/2002 121,485 $427/yr

5. Dublin 12/2012 61,240 $298/yr and $25 app. fee

6. Fremont 10/2019 235,740 No fee set

7. Hayward 7/2014 159,293 $400/yr

8. Livermore 7/2019 89,699 $1,005/yr

9. Oakland 4/2008 425,097 $1,500/yr and $50 app. fee

10. Pleasanton 8/2020 81,717 $450/yr and $550 initial fee

11. San Leandro 10/2017 90,025 $500/yr

12. Union City 11/2010 74,722 $863yr
Butte County

13. Oroville 3/2013 19,393 $35/yr
Contra Costa County

14. Antioch 9/1999 111,200 $29/yr

15. Clayton 6/2000 12,083 $49/yr and $99 initial fee

16. Concord 5/2001 129,183 $160 initial fee and annual fee subject to change

17. Contra Costa County 12/1998 177,494 $287/yr and $50 app. fee

18. Danville 6/1999 44,605 No fee

19. El Cerrito 4/1999 25,398 $439/yr and $485 initial fee

20. Lafayette 11/1999 26,305 $65/yr

21. Martinez 1/2001 38,290 $500/3 years

22. Oakley 12/2018 41,324 $435/yr

23. Pinole 6/1999 19,279 No fee for 2022; future fee TBD

24. Pleasant Hill 11/2015 34,840 $86/hr ($500 max/yr)

25. Richmond 9/2019 109,884 $1,602.44/yr*

26. San Pablo 4/2004 30,967 $335/yr

27. San Ramon 6/1999 75,648 Unknown

28. Walnut Creek 3/1999 69,567 Unknown
Fresno County

29. Firebaugh 8/2009 8,300 $190/yr

30. Fowler 10/2012 6,527 $40/yr

31. Parlier 4/2012 15,312 $200/yr
Sept 27, 2023 Pg. 64
2 Imperial County

32. Calexico 3/2004 39,946 Unknown
Kern County

33. Arvin 9/2016 21,249
$128.50 app. fee and annual fee of
$246.72/$488.30/$729.88 based on
risk level

34. California City 2/2007 13,826
$128.50 app. fee and annual fee of
$246.72/$488.30/$729.88 based on
risk level

35. Delano6/2008 52,886
$128.50 app. fee and annual fee of
$246.72/$488.30/$729.88 based on
risk level

36. Kern County 10/2006 308,264
$128.50 app. fee and annual fee of
$246.72/$488.30/$729.88 based on
risk level

37. McFarland 5/2007 14,823
$128.50 app. fee and annual fee of
$246.72/$488.30/$729.88 based on
risk level

38. Shafter 11/2016 19,447
$128.50 app. fee and annual fee of
$246.72/$488.30/$729.88 based on
risk level

39. Taft 8/2016 9,372
$128.50 app. fee and annual fee of
$246.72/$488.30/$729.88 based on
risk level

40. Tehachapi 3/2007 12,680
$128.50 app. fee and annual fee of
$246.72/$488.30/$729.88 based on
risk level

41. Wasco 3/2007 27,193
$128.50 app. fee and annual fee of
$246.72/$488.30/$729.88 based on
risk level
Los Angeles County

42. Alhambra 5/2021 84,647 $300/yr

43. Artesia 1/2009 16,758 $300/yr

44. Baldwin Park 10/2008 75,892 $342/yr

45. Beverly Hills 8/2010 34,186 No fee planned

46. Burbank 2/2007 103,703 $191.30/yr and $111 app. fee

47. Calabasas 6/2009 23,988 No fee planned

48. Carson 11/2006 92,079 $600/yr

49. Cerritos 2/2008 50,143 $50/yr

50. Compton 7/2007 96,803 $500/yr

51. Cudahy 10/2018 23,606 Unknown

52. Culver City 7/2009 39,169 $235/yr

53. Duarte 5/2021 21,559 $123/yr

54. El Monte 11/2011 115,517 $400/yr

55. El Segundo 4/2003 16,731 $263 app. fee only

56. Gardena 7/2008 59,709 $120/yr and $167 app. fee

57. Glendale 9/2007 200,232 $468/yr and $624 app. fee

58. Hawaiian Gardens 7/2011 14,337 $246/yr

59. Hawthorne 5/2008 87,107 $379/yr

60. Hermosa Beach 1/2019 19,539 $375/yr and $440 app. fee

61. Huntington Park 11/2011 58,353 No fee planned

62. Inglewood 10/2007 109,613 $370/yr

63. La Cañada Flintridge 7/2009 20,261 $50/yr
Sept 27, 2023 Pg. 65
3 64. La Verne1/2017 32,211 $300/yr

65. Lancaster8/2006 159,028 $83 app. fee only

66. Lawndale7/2003 32,819 $155/yr

67. Lomita6/2007 20,514 $150/yr

68. Long Beach2/2008 466,776 $600/yr

69. Los Angeles5/2000 3,966,936 $437/yr

70. Los Angeles County 12/2007 1,041,500 $235/yr

71. Lynwood 10/2012 70,635 TBD

72. Malibu 11/2011 12,620 No fee planned

73. Manhattan Beach 12/2015 35,500 $183/yr and $242 app. fee

74. Maywood8/2006 27,332 $11.50/yr and $46 app. fee

75. Montebello9/2009 62,742 $337/yr

76. Monterey Park4/2010 60,439 $45.50/yr

77. Palmdale1/2010 156,293 $362.60/yr

78. Pasadena2/2004 141,258 $410/yr

79. Redondo Beach 10/2019 67,423 Unknown

80. San Fernando 1/2002 24,535 $450/yr

81. San Gabriel3/2010 40,143 $300/yr

82. Santa Monica 11/2008 91,577 $135/yr

83. Sierra Madre 11/2006 10,932 $30/yr

84. South El Monte 6/2014 20,721 $120/yr

85. South Pasadena2/2009 25,661 $120/yr

86. Temple City 12/2012 36,042
License fee: $77 + $8.45 per
employee and per owner
Permit fee: $257

87. West Covina5/2010 106,589 No fee planned

88. West Hollywood 10/2016 36,450 $300 app. fee only
Marin County

89. Corte Madera3/2019 9,838 $25/yr

90. Fairfax 12/2017 7,578 $25/yr

91. Larkspur 4/2019 12,319 $25/yr

92. Marin County 5/2012 68,252 $25/yr

93. Mill Valley9/2012 14,330 $25/yr

94. Novato1/2017 55,642 $25/yr

95. Ross1/2019 2,290 $25/yr

96. San Anselmo5/2019 12,525 $25/yr

97. San Rafael8/1999 58,775 $25/yr

98. Sausalito7/2018 7,116 $25/yr
Mendocino County

99. Fort Bragg 12/2012 7,302 $195/yr*
100. Mendocino County 5/2022 58,665 $350/yr*
101. Ukiah 11/2005 15,943 $35/yr*
102. Willits 10/2003 4,893 $75/yr*
Modoc County
103. Alturas2/2017 2,567
Business License Renewal and
startup fee: $54
Tobacco fee: $25
First time tobacco license: $75
Monterey County
104. Carmel-By-The-Sea9/2013 3,830 $384/yr
105. Gonzales 11/2019 8,375 $384/yr
106. King City 4/2021 13,921 $384/yr
107. Monterey 11/2014 28,352 $384/yr
Sept 27, 2023 Pg. 66
4 108. Monterey County 5/2012 106,417 $384/yr
109. Pacific Grove 1/2020 15,522 $384/yr
110. Salinas1/2015 156,143 $384/yr
111. Seaside2/2020 33,956 $384/yr
Nevada County
112. Grass Valley 11/2009 12,891 $50/yr
113. Nevada City 11/2006 3,144 $50/yr
Orange County
114. Buena Park 7/2021 82,228 $275/yr and $495 initial fee 115. Santa Ana 11/2006 332,794 $776.08/yr
116. Stanton 11/2019 38,377 $92/yr and $192 initial fee 117. Westminster9/2014 91,137 Unknown
Placer County
118. Auburn9/2019 14,011 $850/yr
Plumas County
119. Plumas County 9/2016 16,747 No fee
Riverside County
120. Banning 8/2006 31,072 $475/yr
121. Beaumont 12/2006 47,144 $475/yr
122. Calimesa 6/2007 8,814 $475/yr
123. Canyon Lake 6/2009 11,170 $475/yr
124. Cathedral City 7/2016 54,357 $475/yr
125. Coachella 7/2007 45,181 $475/yr
126. Corona 10/2005 166,972 $475/yr
127. Desert Hot Springs 9/2007 28,585 $475/yr
128. Eastvale 10/2010 62,046 $475/yr
129. Hemet 3/2008 84,542 $475/yr
130. Jurupa Valley 7/2011 105,653 $475/yr
131. Lake Elsinore 8/2007 65,817 $475/yr
132. Menifee 10/2008 90,349 $475/yr
133. Moreno Valley 9/2007 207,289 $475/yr
134. Murrieta 6/2006 112,941 $475/yr
135. Norco 3/2006 26,670 $475/yr
136. Palm Desert6/2003 52,575 $29/yr
137. Palm Springs 10/2018 47,897 $475/yr
138. Perris 8/2008 77,290 $475/yr
139. Rancho Mirage 12/1990 18,193 $475/yr
140. Riverside 6/2006 326,414 $475/yr
141. Riverside County 9/2005 387,095 $475/yr
142. San Jacinto 6/2006 47,989 $475/yr
143. Temecula6/2006 113,381 $39/yr
144. Wildomar7/2008 36,445 $475/yr
Sacramento County
145. Elk Grove 10/2004 170,825 $270/yr
146. Rancho Cordova 2/2005 73,147 $218/yr
147. Sacramento 10/2020 500,930 $370/yr
148. Sacramento County5/2004 587,585 $359/yr
San Benito County
149. Hollister6/2006 38,687 $269/yr
San Bernardino County
150. Adelanto 12/2019 33,660 $595/yr
Sept 27, 2023 Pg. 67
5 151. Apple Valley 5/2010 72,726 Unknown
152. Colton 11/2019 54,580 $265/yr
153. Hesperia 11/2021 94,203 $210/yr and $60 re-inspection fee San Diego County
154. Chula Vista 3/2018 268,920 $322/yr
155. El Cajon 6/2004 103,186 $675/yr
156. Escondido 11/2020 151,300 $88/yr
157. Lemon Grove 12/2018 26,802 $250/yr
158. Oceanside 9/2020 175,622 $319.63/yr
159. San Diego 10/2007 1,409,573 $141/yr and $59 app. fee 160. San Diego County 12/2020 510,780
1 st year: $730 (50% of annual fee)
2 nd year: 75% of annual fee
3 rd year: 100% of annual fee
161. San Marcos 7/2021 95,355 $190/yr
162. Solana Beach 7/2009 13,356 $110/yr
163. Vista 6/2005 100,686 $250/yr
San Francisco County
164. San Francisco 11/2003 874,961 $383/yr and $111 app. fee San Luis Obispo County
165. Arroyo Grande 2/2005 18,033 $141/yr
166. Grover Beach 9/2005 13,535 $325/yr
167. Morro Bay 4/2020 10,578 $154.67/yr
168. San Luis Obispo 9/2003 47,302 $788.72/yr
169. San Luis Obispo County 9/2008 122,585 $586/yr
San Mateo County
170. Brisbane 5/2008 4,697 $153/yr
171. Colma 8/1998 1,302 $153/yr
172. Daly City 9/2008 106,677 $153/yr
173. East Palo Alto 10/1998 29,593 $153/yr
174. Half Moon Bay 10/2018 12,834 $153/yr
175. Menlo Park 5/2010 34,138 $153/yr
176. Millbrae 6/1998 22,625 $153/yr
177. Pacifica 2/2008 38,984 $86/yr
178. Portola Valley 6/2008 4,592 $153/yr
179. Redwood City 11/1998 85,784 $153/yr
180. San Bruno 7/2008 43,083 $153/yr
181. San Carlos 8/1998 30,154 $153/yr
182. San Mateo 5/1998 104,333 $153/yr
183. San Mateo County 5/1998 65,392 $153/yr ($174/yr as of 7/1/2023) 184. South San Francisco 4/2008 67,408 $153/yr
Santa Barbara County
185. Carpinteria 5/2013 13,505 $379/yr
186. Goleta 1/2001 30,975 $534/yr
187. Guadalupe 5/2021 7,451 $413/yr
188. Santa Barbara 10/2002 91,376 $30/yr
189. Santa Barbara County 11/2001 141,180 $409/yr
190. Santa Maria 12/2019 106,224 $480/yr and $600 app. fee Santa Clara County
191. Campbell 12/2012 42,221 $61/yr
192. Cupertino 11/2019 60,257 $425/yr
193. Gilroy 11/2014 56,766 $100/yr
194. Los Altos 2/2020 30,504 $150/yr and $250 app. fee
Sept 27, 2023 Pg. 68
6 195. Los Gatos 5/2017 30,729 $425/yr
196. Morgan Hill 4/2014 44,686 $182/yr and $238 app. fee 197. Palo Alto 10/2017 66,573 $425/yr
198. San Jose 1/2011 1,027,690 $596/yr (fluctuates annually) 199. Santa Clara County 11/2010 83,699 $425/yr
200. Saratoga 6/2015 30,697 $50/yr and $100 app. fee
Santa Cruz County
201. Capitola 7/2019 10,121 $261/yr
202. Santa Cruz 10/2012 64,522 $425/yr
203. Santa Cruz County 4/2011 133,656 $318/yr
204. Scotts Valley 12/2015 11,863 No fee
205. Watsonville 9/2010 53,800 $255/yr
Siskiyou County
206. Siskiyou County 7/2009 23,587 $76/yr
Solano County
207. Benicia 12/2019 28,192 $450/yr and $500 initial fee Sonoma County
208. Healdsburg 11/2014 11,845 $460/yr
209. Petaluma 12/2021 60,865 $525/yr
210. Sebastopol 9/2020 7,760 $60/yr
211. Sonoma 6/2015 11,075 $246/yr
212. Sonoma County 4/2016 142,067 $350/yr (subsidized); increases to $505/yr if subsidy ends
213. Windsor 3/2018 27,447 $350/yr
Stanislaus County
214. Riverbank 7/2010 24,482 No fee planned
Ventura County
215. Oxnard 12/2019 208,154 $51/yr and $95 initial fee
216. Ventura 1/2020 109,910 $875/yr
Yolo County
217. Davis 8/2007 68,543 $427/yr
218. West Sacramento 11/2009 53,151 $427/yr
219. Winters 1/2016 7,197 $427/yr
220. Woodland 6/2015 59,710 $427/yr
221. Yolo County 7/2019 28,751 $427/yr
*Source: Matrix of Strong Local Tobacco Retailer Licensing, The Center for Tobacco Policy & Organizing, May 2019.

ANR Foundation is actively collecting policies and TRL fees for the PETS Database. If you know of local laws or TRL fees that you think should be included on this list, or want to inquire about additional information on particular laws, please contact the ANR Foundation at PETS-policies@nosmoke.org. © 2023, California Department of Public Health. This material may not be reproduced or disseminated without prior written permission from the California Department of Public Health.

Sept 27, 2023 Pg. 69
Sept 27, 2023 Pg. 70

AVENAL POLICE DEPARTMENT
317 Alpine, Avenal, CA 93204
Bus. 559-386-4444 Fax 559-386-4447
City Council Agenda Item
TO: The Honorable Mayor & City Council
FROM: Antony V. Lopez, City Manager
PREPARED BY: Chris Pelletier, Admin Sergeant
Robert Nevarez, Chief of Police
DATE: September 27th, 2023
REGARDING: Consideration to Approve Police Chief to purchase body cameras, Conducted Energy Weapons (Taser) and evidence storage
<><><><>
INFORMATION/BACKGROUND:

Body cameras have become the norm in policing over the past decade. In California, it is rare for modern agencies not to have body cameras as regular equipment issued to its officers. The reason for body cameras is increased transparency and professionalism required from police officers.

The Avenal Police Department was an early adopter of body cameras. Today, however, many of our Axon body cameras have reached their useful lifespan. As a result, we encounter frequent malfunctions and necessary repairs, taking them out of service. Since our current body cameras are approaching a decade of use, warranties have lapsed. In addition, technology over the years has evolved, with current body cameras able to do much more than the cameras we currently possess.

For example, the newest version of the Axon Body Camera, the Axon 7, is connected to the Taser, allowing it to automatically activate whenever the Taser is drawn. The Axon 7 also has mounting capabilities allowing for ease of use, and a broader camera perspective.

The Axon 7 package provides unlimited data storage, eliminating future unanticipated costs related to an increase data storage needs. The Axon 7 also comes with a warranty, and necessary training for police staff. This video is stored to support prosecution, defend litigation, investigate complaints, or as a support in internal investigations.

CostThe Axon 7 package includes the newest version of the body camera, taser, warranty, training, and unlimited evidence storage at a cost of $33,164.56 annually over five years.

We recommend the purchase of current body cameras, tasers and evidence storage through Axon for all sworn staff assigned to patrol via a new five-year contract with warranty.

FISCAL IMPACT:

None to the General Fund since body cameras and tasers will be purchased with COPS funds.

RECOMMENDATION:

Request Council to authorize the City Manager or designee to purchase body cameras and Tasers via a five-year contract with Axon using COPS funding.
************************************************************************

COUNCIL ACTION
September 27, 2023
APPROVED: ______ DENIED: _______

ATTACHMENT A

Page 1 ends

Q-459975-45190.764DB
Issued: 09/21/2023
Quote Expiration: 09/30/2023
Estimated Contract Start Date: 11/15/2023
Account Number: 448131
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Business;Delivery;Invoice-317 E Alpine St
317 E Alpine St
Avenal,
CA
93204-1019
USA
Avenal Police Dept. - CA
317 E Alpine St
Avenal
CA
93204-1019
USA
Email:

Daniel Birt
Phone:

Email: [email protected]
Fax:

Christopher Pelletier
Phone: (559) 386-4444
Email: [email protected]
Fax:

Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $10,578.96 TOTAL COST $164,972.80
ESTIMATED TOTAL W/ TAX $171,133.16 TOTAL SAVINGS $52,894.80 Payment Summary
Date Subtotal Tax Total
Oct 2023 $33,164.56 $1,246.04 $34,410.60
Nov 2023 ($850.00) ($70.13) ($920.13)
Oct 2024 $33,164.56 $1,246.04 $34,410.60
Oct 2025 $33,164.56 $1,246.04 $34,410.60
Oct 2026 $33,164.56 $1,246.04 $34,410.60
Oct 2027 $33,164.56 $1,246.33 $34,410.89
Total $164,972.80 $6,160.36 $171,133.16
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
Sept 27, 2023 Pg. 74

Page 2 ends

Quote Unbundled Price: $217,867.60
Quote List Price: $190,462.60
Quote Subtotal: $164,972.80
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 $1.00 ($850.00) ($850.00) ($70.13) ($920.13) OSP7 OFFICER SAFETY PLAN 7 15 60 $213.52 $183.07 $173.40 $156,060.00 $6,223.24 $162,283.24 A la Carte Hardware
H00002 AB4 Multi Bay Dock Bundle 2 $1,638.90 $43.90 $87.80 $7.25 $95.05 H00001 AB4 Camera Bundle 15 $849.00 $0.00 $0.00 $0.00 $0.00 A la Carte Software
ProLicense Pro License Bundle 3 60 $42.31 $42.25 $7,605.00 $0.00 $7,605.00 A la Carte Services
20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 $495.00 $495.00 $495.00 $0.00 $495.00 80146 VIRTUAL BODYCAM STARTER 1 $1,575.00 $1,575.00 $1,575.00 $0.00 $1,575.00 Total $164,972.80 $6,160.36 $171,133.16
Sept 27, 2023 Pg. 75

Page 3 ends

Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
AB4 Camera Bundle 100147 AXON BODY 4 - NA - US FIRST RESPONDER - BLK - RAPIDLOCK 15 10/15/2023 AB4 Camera Bundle 100466 USB-C to USB-C CABLE FOR AB4 17 10/15/2023 AB4 Camera Bundle 74028 WING CLIP MOUNT, AXON RAPIDLOCK 17 10/15/2023 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 2 10/15/2023 AB4 Multi Bay Dock Bundle 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 2 10/15/2023 AB4 Multi Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 2 10/15/2023 OFFICER SAFETY PLAN 7 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 15 10/15/2023 OFFICER SAFETY PLAN 7 20018 TASER BATTERY PACK, TACTICAL 18 10/15/2023 OFFICER SAFETY PLAN 7 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 15 10/15/2023 OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 45 10/15/2023 OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 30 10/15/2023 OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 45 10/15/2023 OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 30 10/15/2023 OFFICER SAFETY PLAN 7 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 30 10/15/2023 OFFICER SAFETY PLAN 7 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 30 10/15/2023 OFFICER SAFETY PLAN 7 22179 TASER 7 INERT CARTRIDGE, STANDOFF (3.5-DEGREE) NS 15 10/15/2023 OFFICER SAFETY PLAN 7 22181 TASER 7 INERT CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 15 10/15/2023 OFFICER SAFETY PLAN 7 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 1 10/15/2023 OFFICER SAFETY PLAN 7 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 1 10/15/2023 OFFICER SAFETY PLAN 7 71044 BATTERY, SIGNAL SIDEARM, CR2430 SINGLE PACK 30 10/15/2023 OFFICER SAFETY PLAN 7 74200 TASER 6-BAY DOCK AND CORE 1 10/15/2023 OFFICER SAFETY PLAN 7 75015 SIGNAL SIDEARM KIT 15 10/15/2023 OFFICER SAFETY PLAN 7 80087 TASER TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED) 1 10/15/2023 OFFICER SAFETY PLAN 7 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 1 10/15/2023 OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 30 10/15/2024 OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 30 10/15/2024 OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 30 10/15/2025 OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 30 10/15/2025 OFFICER SAFETY PLAN 7 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 30 10/15/2025 OFFICER SAFETY PLAN 7 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 30 10/15/2025 OFFICER SAFETY PLAN 7 73309 AXON CAMERA REFRESH ONE 15 04/15/2026 OFFICER SAFETY PLAN 7 73689 MULTI-BAY BWC DOCK 1ST REFRESH 2 04/15/2026 OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 30 10/15/2026 OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 30 10/15/2026 OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 30 10/15/2027 OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 30 10/15/2027 OFFICER SAFETY PLAN 7 73310 AXON CAMERA REFRESH TWO 15 10/15/2028 OFFICER SAFETY PLAN 7 73688 MULTI-BAY BWC DOCK 2ND REFRESH 2 10/15/2028 Sept 27, 2023 Pg. 76

Page 4 ends

Software
Bundle Item Description QTY Estimated Start Date Estimated End Date OFFICER SAFETY PLAN 7 20248 TASER 7 EVIDENCE.COM LICENSE 15 11/15/2023 11/14/2028 OFFICER SAFETY PLAN 7 20248 TASER 7 EVIDENCE.COM LICENSE 1 11/15/2023 11/14/2028 OFFICER SAFETY PLAN 7 73449 RESPOND DEVICE LICENSE 15 11/15/2023 11/14/2028 OFFICER SAFETY PLAN 7 73638 STANDARDS ACCESS LICENSE 15 11/15/2023 11/14/2028 OFFICER SAFETY PLAN 7 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 15 11/15/2023 11/14/2028 OFFICER SAFETY PLAN 7 73746 PROFESSIONAL EVIDENCE.COM LICENSE 15 11/15/2023 11/14/2028 Pro License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 9 11/15/2023 11/14/2028 Pro License Bundle 73746 PROFESSIONAL EVIDENCE.COM LICENSE 3 11/15/2023 11/14/2028 Services
Bundle Item Description QTY
OFFICER SAFETY PLAN 7 20246 TASER 7 DUTY CARTRIDGE REPLACEMENT ACCESS PROGRAM 15 A la Carte 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1
A la Carte 80146 VIRTUAL BODYCAM STARTER 1
Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date OFFICER SAFETY PLAN 7 80374 EXT WARRANTY, TASER 7 BATTERY PACK 18 10/15/2024 11/14/2028 OFFICER SAFETY PLAN 7 80395 EXT WARRANTY, TASER 7 HANDLE 15 10/15/2024 11/14/2028 OFFICER SAFETY PLAN 7 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 1 10/15/2024 11/14/2028 OFFICER SAFETY PLAN 7 80464 EXT WARRANTY, CAMERA (TAP) 15 10/15/2024 11/14/2028 OFFICER SAFETY PLAN 7 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP) 2 10/15/2024 11/14/2028 Sept 27, 2023 Pg. 77

Page 5 ends

Payment Details
Oct 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 $99.00 $0.00 $99.00 Year 1 80146 VIRTUAL BODYCAM STARTER 1 $315.00 $0.00 $315.00 Year 1 H00001 AB4 Camera Bundle 15 $0.00 $0.00 $0.00
Year 1 H00002 AB4 Multi Bay Dock Bundle 2 $17.56 $1.45 $19.01 Year 1 OSP7 OFFICER SAFETY PLAN 7 15 $31,212.00 $1,244.59 $32,456.59 Year 1 ProLicense Pro License Bundle 3 $1,521.00 $0.00 $1,521.00 Total $33,164.56 $1,246.04 $34,410.60
Nov 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 ($850.00) ($70.13) ($920.13) Invoice Upon Fulfillment OSP7 OFFICER SAFETY PLAN 7 15 $0.00 $0.00 $0.00 Total ($850.00) ($70.13) ($920.13)
Oct 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 $99.00 $0.00 $99.00 Year 2 80146 VIRTUAL BODYCAM STARTER 1 $315.00 $0.00 $315.00 Year 2 H00001 AB4 Camera Bundle 15 $0.00 $0.00 $0.00
Year 2 H00002 AB4 Multi Bay Dock Bundle 2 $17.56 $1.45 $19.01 Year 2 OSP7 OFFICER SAFETY PLAN 7 15 $31,212.00 $1,244.59 $32,456.59 Year 2 ProLicense Pro License Bundle 3 $1,521.00 $0.00 $1,521.00 Total $33,164.56 $1,246.04 $34,410.60
Oct 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 $99.00 $0.00 $99.00 Year 3 80146 VIRTUAL BODYCAM STARTER 1 $315.00 $0.00 $315.00 Year 3 H00001 AB4 Camera Bundle 15 $0.00 $0.00 $0.00
Year 3 H00002 AB4 Multi Bay Dock Bundle 2 $17.56 $1.45 $19.01 Year 3 OSP7 OFFICER SAFETY PLAN 7 15 $31,212.00 $1,244.59 $32,456.59 Year 3 ProLicense Pro License Bundle 3 $1,521.00 $0.00 $1,521.00 Total $33,164.56 $1,246.04 $34,410.60
Oct 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 $99.00 $0.00 $99.00 Year 4 80146 VIRTUAL BODYCAM STARTER 1 $315.00 $0.00 $315.00 Year 4 H00001 AB4 Camera Bundle 15 $0.00 $0.00 $0.00
Year 4 H00002 AB4 Multi Bay Dock Bundle 2 $17.56 $1.45 $19.01 Sept 27, 2023 Pg. 78

Page 6 ends

Oct 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 OSP7 OFFICER SAFETY PLAN 7 15 $31,212.00 $1,244.59 $32,456.59 Year 4 ProLicense Pro License Bundle 3 $1,521.00 $0.00 $1,521.00 Total $33,164.56 $1,246.04 $34,410.60
Oct 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 $99.00 $0.00 $99.00 Year 5 80146 VIRTUAL BODYCAM STARTER 1 $315.00 $0.00 $315.00 Year 5 H00001 AB4 Camera Bundle 15 $0.00 $0.00 $0.00
Year 5 H00002 AB4 Multi Bay Dock Bundle 2 $17.56 $1.45 $19.01 Year 5 OSP7 OFFICER SAFETY PLAN 7 15 $31,212.00 $1,244.88 $32,456.88 Year 5 ProLicense Pro License Bundle 3 $1,521.00 $0.00 $1,521.00 Total $33,164.56 $1,246.33 $34,410.89
Sept 27, 2023 Pg. 79

Page 7 ends

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

Sept 27, 2023 Pg. 80

Page 8 ends

Exceptions to Standard Terms and Conditions
Agency has existing contract #00021666 and 00034603 (originated via Q-208699 and Q-274185) and is terminating that contract upon the new license start date (11/15/2023) of this quote. The parties agree that Axon is granting a credit of $850. This is based on a ship date range of 10/15/2023-10/31/2023, resulting in a 11/15/2023 license date. Any change in this date and resulting license start date will result in modification of this value which may result in additional fees due to or from Axon. \s1\ \d1\
Signature Date Signed
9/21/2023
Sept 27, 2023 Pg. 81
Axon Enterprise, Inc. Axon Sole Source Letter Version 45 Page 1 To: United States state, local, and municipal public safety agencies Re: Sole Source Letter for Axon Enterprise, Inc.’s Axon brand products and Axon Evidence (Evidence.com) Data Management Solutions1
A sole source justification exists because the following goods and services required to satisfy the agency’s needs are only manufactured and available for purchase from Axon Enterprise.

Axon Digital Evidence Solution Description
Axon Body 4 Video Camera (DVR)
• Improved, 160-degree field of view
• Upgraded sensor provides sharper, more detailed images • Full-shift battery, even when using Axon Respond real-time services • Bi-directional communications with Watch Me button allowing support teams to view wearer’s footage. (Requires Axon Respond)
• Real-time support allows wearer to view user locations on live maps, receive alerts, and view live streams. (Requires Axon Respond location services and 30 minutes of livestreaming)
• Faster recharging
• Optional point-of-view (Flex POV) camera module
• Fourteen-hour battery
• Up to 120-second buffering period to record footage before pressing the record button
• Simplified registration
Axon Body 3 Video Camera (DVR)
• Improved video quality with reduced motion blur and better low-light performance • Multi-mic audio—four built-in microphones
• Wireless upload option
• Gunshot detection and alerts
• Streaming audio and video capability
• “Find my camera” feature
• Verbal transcription with Axon Records
• End-to-end encryption
• Twelve-hour battery
• Up to 120-second buffering period to record footage before pressing record button Axon Flex 2 Video Camera
• Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 0.1 lux • Audio tones to alert user of usage
• Low SD, high SD, low HD, and high HD resolution (customizable by the agency) 1 Axon is also the sole developer and offeror of the Evidence.com data management services.

Evidence.com is both a division of Axon and a data management product solution offered by Axon.

Evidence.com is not a separate corporate entity.

Axon Enterprise, Inc. Axon Sole Source Letter Version 45 Page 2 • Up to 120-second buffering period to record footage before pressing record button • Multiple mounting options using magnetic attachment: head, collar, shoulder, helmet, ball cap, car dash, and Oakley sunglass mounts available • 120-degree diagonal field of view camera lens, 102-degree horizontal field of view, and 55-degree vertical field of view
Axon Flex 2 Controller
• 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • Haptic notification available
• Tactical beveled button design for use in pocket
• Compatible with Axon Signal technology
Axon Air System
• Purpose-built solution for law enforcement UAV programs • Supported applications on iOS and Android
• Automated tracking of pilot, aircraft, and flight logs • Unlimited Storage of UAV data in Axon Evidence (Evidence.com) • In application ingestion of data in Axon Evidence (Evidence.com) • Axon Respond integration for live streaming and situational awareness Axon Body 2 Video Camera
• Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 1 lux • Audio tones and haptic (vibration) notification to alert user of usage • Audio mute during event option
• Wi-Fi capability
• High, medium, and low quality recording available (customizable by the agency) • Up to 2-minute buffering period to record footage before pressing record button • Multiple mounting options using holster attachment: shirt, vest, belt, and dash mounts available
• 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • 143-degree lens
• Includes Axon Signal technology
Axon Fleet 3 Camera
• High-definition Dual-View Camera with panoramic field of view, 12x zoom, and AI processing for automatic license plate reader (ALPR)
• High-definition Interior Camera with infrared illumination for back seat view in complete darkness
• Wireless Mic and Charging Base for capturing audio when outside of vehicle • Fleet Hub with connectivity, global navigation satellite system (GNSS), secure solidstate storage, and Signal inputs • Automatic transition from Buffering to Event mode with configurable Signals • Video Recall records last 24 hours of each camera in case camera not activated for an event
• Intuitive mobile data terminal app, Axon Dashboard, for controlling system, reviewing Axon Enterprise, Inc. Axon Sole Source Letter Version 45 Page 3 video, quick tagging, and more
• Ability to efficiently categorize, play back and share all video and audio alongside other digital files on Evidence.com
• Multi-cam playback, for reviewing up to four videos, including body-worn and in-car footage, at the same time
• Fully integrated with Evidence.com services and Axon devices • Automatic time synchronization with all Axon Fleet and other Axon on-officer cameras allows for multi-camera playback on Evidence.com. • Prioritized upload to Evidence.com of critical event videos via 4G/LTE • Wireless alerts from the TASER CEW Signal Performance Power Magazine (SPPM) and Signal Side Arm (SSA).
• Best-in-class install times, wireless updates and quick remote troubleshooting • Optional Axon Respond live stream, alerts, and location updates for situational awareness
• Optional Axon ALPR hotlist alerts, plate read retention, and investigative search Axon Fleet 2 Camera
• Fully integrated with Axon Evidence services and Axon devices • Automatic time synchronization with other Axon Fleet and Axon on-officer cameras allows for multi-camera playback on Axon Evidence.
• Immediate upload to Axon Evidence of critical event videos via 4G/LTE • Wireless alerts from the TASER CEW Signal Performance Power Magazine (SPPM). • Automatic transition from BUFFERING to EVENT mode in an emergency vehicle equipped with the Axon Signal Unit
• Decentralized system architecture without a central digital video recorder (DVR). • Cameras that function independently and communicate wirelessly with the computer in the vehicle (MDT, MDC, MDU) for reviewing, tagging and uploading video. • Wireless record alert based on Bluetooth communication from Axon Signal Vehicle when a configured input is enabled (e.g. emergency light, siren, weapon rack, etc.). • Receives alerts from Axon Signal Sidearm.
• Plug-And-Play design allowing for cameras to be easily replaced and upgraded. • Ability for an unlimited number of agency vehicles recording in the same vicinity with an Axon Fleet system to be automatically associated with one another when reviewing video in the video management platform. This feature is also supported across body cameras.

Axon Signal Unit (ASU)
• Communications device that can be installed in emergency vehicles. • With emergency vehicle light bar activation, or other activation triggers, the Axon Signal Unit sends a signal. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode.

Axon Signal Performance Power Magazine (SPPM)
• Battery pack for the TASER X2 and X26P conducted electrical weapons • Shifting the safety switch from the down (SAFE) to the up (ARMED) positions sends a signal from the SPPM. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal technology only works with Axon cameras.

Axon Enterprise, Inc. Axon Sole Source Letter Version 45 Page 4 Axon Signal Sidearm Sensor
• Can be installed on common duty holsters
• Drawing a service handgun from the holster sends a signal from the Axon Signal Sidearm sensor. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode.

Axon Interview Solution
• High-definition cameras and microphones for interview rooms • Covert or overt camera installations
• Touch-screen user interface
• Motion-based activation
• Up to 7-minute pre- and post-event buffering period
• Full hardware and software integration
• Upload to Axon Evidence services
• Interview room files can be managed under the same case umbrella as files from Axon on-officer cameras and Axon Fleet cameras; i.e., Axon video of an arrest and interview room video are managed as part of the same case in Axon Evidence • Dual integration of on-officer camera and interview room camera with Axon Evidence digital evidence solution
Axon Signal Technology
• Sends a broadcast of status that compatible devices recognize when certain status changes are detected
• Only compatible with TASER and Axon products
Axon Dock
• Automated docking station uploads to Axon Evidence services through Internet connection
• No computer necessary for secure upload to Axon Evidence • Charges and uploads simultaneously
• The Axon Dock is tested and certified by TUV Rheinland to be in compliance with UL 60950-1: 2007 R10.14 and CAN/ CSA-C22.2 N0.60950-l-07+Al:2011+A2:2014 Information Technology Equipment safety standards.

Axon Evidence Data Management System
• Software as a Service (SaaS) delivery model that allows agencies to manage and share digital evidence without local storage infrastructure or software needed • SaaS model reduces security and administration by local IT staff: no local installation required
• Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement
• Securely share digital evidence with other agencies or prosecutors without creating copies or requiring the data to leave your agency’s domain of control • Controlled access to evidence based on pre-defined roles and permissions and predefined individuals • Password authentication includes customizable security parameters: customizable password complexity, IP-based access restrictions, and multi-factor authentication support
• Automated category-based evidence retention policies assists with efficient database Axon Enterprise, Inc. Axon Sole Source Letter Version 45 Page 5 management
• Ability to recover deleted evidence within seven days of deletion • Stores and supports all major digital file types: .mpeg, .doc, .pdf, .jpeg, etc. • Requires NO proprietary file formats
• Ability to upload files directly from the computer to Axon Evidence via an Internet browser
• Data Security: Robust Transport Layer Security (TLS) implementation for data in transit and 256-bit AES encryption for data in storage
• Security Testing: Independent security firms perform in-depth security and penetration testing
• Reliability: Fault- and disaster-tolerant infrastructure in at least 4 redundant data centers in both the East and West regions of the United States • Chain-of-Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff • Protection: With no on-site application, critical evidence stored in Axon Evidence is protected from local malware that may penetrate agency infrastructure • Stability: Axon Enterprise is a publicly traded company with stable finances and funding, reducing concerns of loss of application support or commercial viability • Application and data protected by a CJIS and ISO 27001 compliant information security program
• Dedicated information security department that protects Axon Evidence and data with security monitoring, centralized event log analysis and correlation, advanced threat and intrusion protection, and incident response capabilities • Redact videos easily within the system, create tags, markers and clips, search 7 fields in addition to 5 category-based fields, create cases for multiple evidence files Axon Evidence for Prosecutors
• All the benefits of the standard Axon Evidence services • Ability to share information during the discovery process • Standard licenses available for free to prosecutors working with agencies already using Axon Evidence services
• Unlimited storage for data collected by Axon cameras and Axon Capture Attorney Premier
• All the benefits Axon Evidence for Prosecutors
• Purpose-built user interface optimizes evidence management, review functionalities, and case relevant information
• Unlimited AI transcription of playable video and audio files • Native image and PDF redaction software
• Ability to natively play a wide variety of 3rd party video codecs (CCTV) and extract file into an MP4
• Ability to obtain evidence directly from members of the community via secure web link
• Unlimited storage and data collected and shared by Axon partner agencies via Axon Evidence (Evidence.com)
• Available unlimited 3rd party data source storage plan • Pro Licenses – all users have access to pro license features, including the Redaction Studio, Transcription Assistant, and Multi-Cam, and Reporting functionalities Axon Enterprise, Inc. Axon Sole Source Letter Version 45 Page 6 • Transcription is Unlimited and automatic (i.e. all videos ingested into Attorney Premier are automatically transcribed)
• Discovery module designed to optimize all aspects of discovery management Axon Capture Application
• Free app for iOS and Android mobile devices
• Allows users to capture videos, audio recordings, and photos and upload these files to their Axon Evidence account from the field
• Allows adding metadata to these files, such as: Category, Title, Case ID, and GPS data
Axon Commander Services
• On-premises data management platform
• Chain of custody reports with extensive audit trail
• Automated workflows, access control, storage, and retention • Compatible with multiple file formats
Axon View Application
• Free app for iOS and Android mobile devices
• Allows user to view the camera feed from a paired Axon Body, Axon Body 2, Axon Flex, or Axon Flex 2 camera in real-time
• Allows for playback of videos stored on a paired Axon Body, Axon Body 2, Axon Flex, or Axon Flex 2 system
• Allows adding meta-data to videos, such as: Category, Title, Case ID, and GPS data Axon Records
• Continuously improving automated report writing by leveraging AI and ML on officer recorded video, photo, and audio from BWC, In-Car, Mobile App (Axon Capture), or other digital media
• Collaborative report writing through instantly synced workspaces allowing officers to delegate information gathering on scene
• Instant access to records allowing detectives to begin their investigation and records clerks to update information exchanges on things like missing people or stolen property as soon as possible
• Complete leveraging of Axon Evidence sharing to allow fast, efficient, digital, and secure sharing of records and cases to DAs and Prosecutors • Robust API and SDK allows data to be easily ingested and pushed out to other systems—preventing data silos
• Deep integration with Axon Evidence putting video at the heart of the record and automating the process of tagging and categorizing digital evidence stored in Axon Evidence
• Automatic association of digital evidence to the record and incident through Axon Evidence integration
• In context search of master indexes (people, vehicles, locations, charges)— promoting efficient report writing through prefilling of existing data which promotes clean and deduped data in the system
• Quick views for users to track calls for service and reports in draft, ready for review, kicked back for further information, or submitted to Records for archiving. • Federal and State IBRS fields are captured and validated—ensuring the officer Axon Enterprise, Inc. Axon Sole Source Letter Version 45 Page 7 knows what fields to fill and what information needs to be captured • Intuitive validation ensures officers know what information to submit without being burdened by understanding the mapping of NIBRS to state or local crime codes • Ability to create custom forms and add custom fields to incident reports—allowing your agency to gather the information you find valuable • Software as a Service (SaaS) delivery model that allows agencies to write, manage, and share digital incident reports without local storage infrastructure or software needed
• SaaS model reduces security and administration by local IT staff: no local installation required
• Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement
• Securely share records and cases with other agencies or prosecutors without creating copies or requiring the data to leave your agency’s domain of control • Controlled access based on pre-defined users, groups, and permissions • Password authentication includes customizable security parameters: customizable password complexity, IP-based access restrictions, and multi-factor authentication support
• Security Testing: Independent security firms perform in-depth security and penetration testing
• Reliability: Fault- and disaster-tolerant infrastructure in at least 4 redundant data centers in both the East and West regions of the United States • Chain-of-Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff Axon Standards
• Internal affairs and professional standards reporting • Customizable information display, including custom forms • Customizable workflows and user groups
• Automated alerts
• Compatible with digital documents, photos, and videos • Connection with Transcription (beta)
• Shared Index with evidence.com and Records
• Data Warehouse allowing custom summary reports and integration into 3rd party analytic tools.
• Workflow analytics to provide SLA on throughputs
• Integration with the TASER 7 and TASER 10 energy weapons for automatically pulling firing logs (alpha)
• Available as an option for Axon Records
• Automatically bundled with Officer Safety Plan 7+
Axon Professional Services
• Dedicated implementation team
• Project management and deployment best practices aid
• Training and train-the-trainer sessions
• Integration services with other systems
Axon Enterprise, Inc. Axon Sole Source Letter Version 45 Page 8 Axon Auto-Transcribe
• Transcribes audio to text, producing a time-synchronized transcript of incidents • Allows searches for keywords (e.g., names, and addresses) • Embedded time stamps when critical details were said and events occurred • Produce transcripts in substantially less time than with manual methods • Pull direct quotes and witness statements directly into reports Axon Support Engineer:
• Dedicated Axon Regional/Resident Support Engineer Services • Quarterly onsite visits
• Solution and Process Guidance custom to your agency
• White-Glove RMA and TAP (if applicable) Service for devices • Monthly Product Usage Analysis
• Resident Support Engineer also includes onsite product maintenance, troubleshooting, and beta testing assistance
Axon Respond for Dispatch (CAD)
• Integration with Axon Respond for Devices (Axon Body 3) for location and/or live streaming in CAD.
• Integration with TASER 7 and TASER 10 energy weapons for enhanced situational awareness.
• Native ESRI based mapping with ability to connect to ESRI online communities and your agency’s local ArcGIS data.
• SaaS model reduces security and administration by local IT staff: no local installation • Robust API and SDK allows data to be easily ingested and pushed out to other systems -- preventing data silos.
• Complete leveraging of Axon Evidence (evidence.com) sharing to allow fast, efficient, digital and secure sharing of data to DAs and Prosecutors. • Future versions/enhancements included with minimal down time and no need to purchase an upgrade to the latest version.
• Native integration with Axon Records.
• Reliability: Fault – and disaster – tolerant infrastructure in at least four redundant data centers in both the East and West regions of the United States. • Security Testing: Independent security firms perform in depth security and penetration testing.
• Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement.

Axon Investigate
• Video analysis software
• Compatible with video from cell phones, on-officer cameras, in-car camera systems, social media, and other sources
• Oriented to investigators and prosecutors
• Integration with Axon Evidence services
• Automatically identify video file codecs, formats, hash values, and other metadata • Automatically determine the required codec necessary to play a wide variety of video formats
• Play forwards/backwards and fast forward through almost any video file Axon Enterprise, Inc. Axon Sole Source Letter Version 45 Page 9 • Scrub forwards/backwards through almost any video file • Mark and auto export an unlimited number of tagged video frames • Create subclips from any readable media
• Batch transcode files to standard file formats (including uncompressed, lossless h.264, wmv, and more)
• Add filters to transcode workflow (including resize, deinterlace, pad, crop, blur, concatenate, etc.)
• Provide enhancement capabilities, such as stabilization, brightness adjustments, and frame averaging
• Produce dynamic frame analysis spreadsheets to xml documents • Validate results compared with hexadecimal analysis tools • Build and share workflows with other users
• Transcode files directly to Avid Media Composer projects • Identify duplicate files in any folder based on md5 hash • Produce detailed written reports via interactive PDF with embedded video and image content within iNPUT-ACE
• Extract I-frames
• Decimate
• Canvas Editor (picture-in-picture)
• Add raw FFmpeg arguments
• Perform four types of macroblock analysis
o 4x4 prediction removed
o 8x8 prediction removed
o Color coded block types
o Quantization parameter evaluation
• Offered iNPUT-ACE Software (from Axon Enterprise)
• Variable frame rate (VFR) lightboard designed to accurately calculate time and vehicle speed from any video surveillance camera. This feature is designed to eliminate common errors that might occur during calculations based on frame rate. • Camera match overlay tool that provides margin of error reports based on scanner, calibration, and resolution accuracy (e.g., a margin of error of +0.5 feet) for data collected from footage.

Axon Justice
• Productivity tool for prosecutors and defense attorneys • Streamlined evidence management
• Unlimited Auto-Transcribe for audio and video
• Discovery workflows, fully integrated with Axon Evidence services • Axon Evidence conversion and playback tools for third-party video, including bodyworn, in-car, interview room, and CCTV video • Chain of custody reports with extensive audit trail
• Free sharing with partners
• Customer-defined data retention policies
Axon Customer Support
• Online and email-based support available 24/7
• Human phone-based support available Monday–Friday 7:00 AM–5:00 PM MST; support is located in Scottsdale, AZ, USA
Axon Enterprise, Inc. Axon Sole Source Letter Version 45 Page 10 • Library of webinars available 24/7
• Remote-location troubleshooting
Axon Brand Model Numbers

1. Axon Body 4 Cameras:
• Axon Body 4 Camera Model: 100147
• Axon Body 4 Flex POV Module Model: 100200

2. Axon Body 3 Camera Model: 73202

3. Axon Flex 2 Cameras:
• Axon Flex 2 Camera (online) Model: 11528
• Axon Flex 2 Camera (offline) Model: 11529

4. Axon Flex 2 Controller Model: 11532

5. Axon Flex 2 USB Sync Cable Model: 11534

6. Axon Flex 2 Coiled Cable, Straight to Right Angle, 48″ (1.2 m)

7. Axon Flex 2 Camera Mounts:
• Oakley Flak Jacket Kit Model: 11544
• Collar Mount Model: 11545
• Oakley Clip Model: 11554
• Epaulette Mount Model: 11546
• Ballcap Mount Model: 11547
• Ballistic Vest Mount Model: 11555

8. Universal Helmet Mount Model: 11548

9. Axon Air System with Axon Evidence (Evidence.com) 5-Year License Model: 12332

10. Axon Body 2 Camera Model: 74001

11. Axon Body 2 Camera Mounts:
• Axon RapidLock Velcro Mount Model: 74054

12. Axon Flex 2 Controller, Axon Body 2 Camera, and Axon Body 3 Camera Mounts:
• Z-Bracket, Men’s, Axon RapidLock Model: 74018
• Z-Bracket, Women’s Axon RapidLock Model: 74019
• Magnet, Flexible, Axon RapidLock Model: 74020
• Magnet, Outerwear, Axon RapidLock Model: 74021
• Small Pocket, 4″ (10.1 cm), Axon RapidLock Model: 74022 • Large Pocket, 6″ (15.2 cm), Axon RapidLock Model: 74023 Axon Enterprise, Inc. Axon Sole Source Letter Version 45 Page 11 • MOLLE Mount, Single, Axon RapidLock Model: 11507
• MOLLE Mount, Double, Axon RapidLock Model: 11508
• Mini MOLLE Mount, Axon RapidLock Model: 11703
• Belt Clip Mount, Axon RapidLock Model: 11509

13. Axon Fleet Camera
• Axon Fleet 2 Front Camera: 71079
• Axon Fleet 2 Front Camera Mount: 71080
• Axon Fleet 2 Rear Camera: 71081
• Axon Fleet 2 Rear Camera Controller: 71082
• Axon Fleet 2 Rear Camera Controller Mount: 71083
• Axon Fleet Battery System: 74024
• Axon Fleet Bluetooth Dongle: 74027
• Axon Fleet 3 Dual View Camera: 72000
• Axon Fleet 3 Interior Camera: 72037
• Axon Fleet Hub: 72010

14. Axon Signal Unit Model: 70112

15. Axon Dock Models:
• Axon Dock – Individual Bay and Core for Axon Flex 2
• Axon Dock – 6-Bay and Core for Axon Flex 2
• Individual Bay for Axon Flex 2 Model: 11538
• Core (compatible with all Individual Bays and 6-Bays) Model: 70027 • Wall Mount Bracket Assembly for Axon Dock: 70033
• Axon Dock – Individual Bay and Core for Axon Body 2 and Axon Fleet Model 74009 • Axon Dock – 6-Bay and Core for Axon Body 2 and Axon Fleet Model 74008 • Individual Bay for Axon Body 2 and Axon Fleet Model: 74011 • Axon Dock – 1-Bay for Axon Body 3 Model: 71104
• Axon Dock – 8-Bay for Axon Body 3 Model: 74210
• Axon Dock – Individual Bay for Axon Body 4 Model: 100201 • Axon Dock – Multi-Bay for Axon Body 4 Model: 100206

16. Axon Signal Performance Power Magazine (SPPM) Model: 70116

17. Axon Investigate Standard Seat License Package, 1-Year Renewal Model: 8025 Axon Product Packages

1. Officer Safety Plan: Includes an X2 or X26P energy weapon, Axon camera and Dock upgrade, and Evidence.com license and storage. See your Sales Representative for further details and Model numbers.

2. Officer Safety Plan 7: Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Dock, Axon Camera and Dock upgrade, Axon Evidence (Evidence.com) licenses and storage, Axon Respond, and Axon Records Core.

3. Officer Safety Plan 7 Plus: Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Evidence (Evidence.com) licenses and storage, Axon Records Core, Axon Respond +, Axon Auto-Tagging Services, Axon Performance, Axon Citizen for Axon Enterprise, Inc. Axon Sole Source Letter Version 45 Page 12 Communities, Axon Redaction Assistant, and Axon Signal Sidearm.

4. Officer Safety Plan 7 Plus Premium: Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Evidence (Evidence.com) licenses and storage, Axon Records Core, Axon Respond +, Axon Auto-Tagging Services, Axon Performance, Axon Citizen for Communities, Axon Redaction Assistant, Axon Signal Sidearm, Axon Auto-Transcribe, Axon VR Training, and unlimited first-party and unlimited third-party storage.

5. TASER 7 Basic: Pays for TASER 7 program in installments over 5 years including access to Axon Evidence services for energy weapon program management.

6. TASER 7 Certification: Pays for TASER 7 program in installments over 5 years including access to Evidence.com for energy weapon program management, annual training cartridges, unlimited duty cartridges and online training content.

7. TASER Certification Add-On: Allows the agency to pay an annual fee to receive an annual allotment of training cartridges, unlimited duty cartridges and online training content.

8. TASER 7 Certification with Virtual Reality (VR): Pays for the TASER 7 program in installments over 5 years including access to Evidence.com for energy weapon program management, annual training cartridges, unlimited duty cartridges, online training content, and VR training.

9. TASER 60: Pays for X2 and X26P energy weapons and Spare Products in installments over 5 years.

10. Unlimited Cartridge Plan: Allows the agency to pay an annual fee to receive annual training cartridges, unlimited duty cartridges and unlimited batteries for the X2 and X26P.

11. TASER 60 Unlimited: Pays for X2 and X26P energy weapons and Spare Products in installments over 5 years and receive unlimited cartridges and batteries.

12. TASER 7 Close Quarters Dock Plan: Pays for TASER 7 Close Quarters Plan over a 5- year period in installments including access to Evidence.com for energy weapon program management, rechargeable batteries, annual cartridge shipments, unlimited duty cartridges, and access to online training.

13. Officer Safety Plan 10: Includes a TASER 10 energy weapon, the TASER 10 certification bundle, Axon body camera with Technology Assurance Plan (TAP),2 Axon Evidence (Evidence.com), unlimited body camera and Axon Capture storage, Command Staff Pro license (1 per 100), Axon Signal Sidearm, Axon Standards, and Axon Respond.

14. Officer Safety Plan 10 Plus: Includes a TASER 10 energy weapon, the TASER 10 certification bundle, Axon body camera with Technology Assurance Plan (TAP),2 Axon Evidence (Evidence.com), unlimited body camera and Axon Capture storage, Command Staff Pro license (1 per 100), Axon Signal Sidearm, Axon Standards, Axon Respond, Axon Respond+, Axon Performance, Axon Community Request, Axon Investigate, Redaction Assistant, auto-tagging with implementation, channel services (3), third-party video storage (100 GB), third-party video playback, and Axon Records.

15. Officer Safety Plan 10 Premium: Includes a TASER 10 energy weapon, the TASER 10 2 Axon Body 3 or Axon Body 4 & Axon Dock (for cameras) hardware purchased separately. Includes two Axon camera upgrades and one camera dock upgrade, which apply to 5-year contracts only.

Axon Enterprise, Inc. Axon Sole Source Letter Version 45 Page 13 certification bundle, Axon body camera with Technology Assurance Plan (TAP),2 Axon Evidence (Evidence.com), unlimited body camera and Axon Capture storage, Command Staff Pro license (1 per 100), Axon Signal Sidearm, Axon Standards, Axon Respond, Axon Respond+, Axon Performance, Axon Community Request, Axon Investigate, Redaction Assistant, auto-tagging with implementation, channel services (unlimited), third-party video storage (100 GB), third-party video playback, Axon Records, Axon VR training, Axon Auto-Transcribe, and My90 by Axon.

16. TASER 10 Basic: Pays for the TASER 10 program in installments over 5 years including access to Axon Evidence services for energy weapon program management.

17. TASER 10 Certification: Pays for TASER 10 program in installments over 5 years including access to Evidence.com for energy weapon program management, annual training cartridges, unlimited duty cartridges and online training content.

18. TASER 10 Certification with Virtual Reality (VR): Pays for the TASER 10 program in installments over 5 years including access to Evidence.com for energy weapon program management, annual training cartridges, unlimited duty cartridges, online training content, and VR training.

19. Axon Core: Pays for the TASER 7 CQ, TASER Dock, weapon Axon Evidence license, training and duty cartridges, Axon Body 3 camera, Professional Axon Evidence license, unlimited storage, camera hardware upgrade every 2.5 years, Axon Respond, Axon Signal Sidearm, and auto tagging.

20. Axon Core+: Pays for the TASER 7 energy weapon, TASER Dock, weapon Axon Evidence license, training and duty cartridges, Axon Body 3 camera, Professional Axon Evidence license, unlimited storage, camera hardware upgrade every 2.5 years, Axon Respond, Axon Signal Sidearm, and auto tagging.

21. Corrections Officer Safety Plan: Includes a TASER 7 energy weapon, Axon Body 3 Camera, Axon Dock, Axon Camera and Dock Upgrade, Axon Evidence Licenses and unlimited Axon storage.

22. Corrections Post OSP: Includes one TASER 7 energy weapon for every two licenses, one Axon Body 3 Camera for every two licenses, Axon Dock, Axon Camera and Dock Upgrade, Axon Evidence Licenses and unlimited Axon storage for each license.

SOLE AUTHORIZED DISTRIBUTOR FOR

AXON BRAND PRODUCTS

SOLE AUTHORIZED REPAIR FACILITY

FOR AXON BRAND PRODUCTS
Axon Enterprise, Inc.
17800 N. 85th Street, Scottsdale, AZ 85255
Phone: 480-905-2000 or 800-978-2737
Fax: 480-991-0791
Axon Enterprise, Inc.
17800 N. 85th Street, Scottsdale, AZ 85255
Phone: 480-905-2000 or 800-978-2737
Fax: 480-991-0791
Please contact your local Axon sales representative or call us at 1-800-978-2737 with any questions.

Axon Enterprise, Inc. Axon Sole Source Letter Version 45 Page 14 Sincerely,
Josh Isner
Chief Operating Officer
Axon Enterprise, Inc.

Non-Axon trademarks are property of their respective owners. a, c, Axon, Axon Body, Axon Evidence, Axon Fleet, Axon Flex, Axon Interview, Axon Records, Axon Respond, Axon Signal, Axon Standards, X2, X26P, TASER 7, TASER 10, and TASER are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more information, visit www.axon.com/legal. All rights reserved. © 2023 Axon Enterprise, Inc.

City Council/Successor Agency/Public Finance AuthoritySeptember 27, 2023

City Council/Successor Agency/Public Finance Authority
September 27, 2023