From:
To: Mendoza, Jovita; =yCouncil Members
Subject: Zoning Suggestions for Nov 14 Meeting
Date: Tuesday, November 14, 2023 12:51:30 PM
Attachments: Driver View Point on Brentwood Blvd.png
Satellite view of Brentwood Blvd Sunset Rd.png
CAUTION – EXTERNAL SENDER
Hello,
Thank you for creating the opportunity for residents to participate by sending in suggestions.
1. Alleviate traffic on Brentwood Blvd/Sunset Rd by extending the right turn lane located on Brentwood Blvd that turns onto Sunset Rd so drivers can access the lane sooner. If the right turn lane is extended, there is plenty of space for vehicles to drive in the additional lane. .
2. Expand parks and recreational usage on Brentwood Blvd and Sunset Rd. There is currently an abandoned building and large vacant land. There are minimal public tennis courts in the city, this space could use tennis courts similar to Creekside park or general recreational park usage.
3. Stricter regulations for residential businesses. A residential space is not a commercial space.
They create a disturbance to the neighborhood through noise pollution, increased pedestrian and vehicle traffic, it invites disrespectful strangers who create a hostile environment for residents who actually live in the neighborhood.
4. Extend residential parking time limits to 5 - 7 days. Residents have received tickets when they are parked in front of their house because they are parked for an extended period of time.
However, residential areas lack posted signage stating the maximum time limit. Therefore, it seems unfair that vehicles are cited without a warning. I understand that this rule helpfuls to control abandoned vehicles, but what if a resident is parked in front of their house and dealing with unforeseen circumstances. I would like to suggest that parking time limits within residential areas be extended.
Please keep my email and suggestions anonymous.
Kind regards
Tobacco in the Retail Environment
Tobacco products such as flavored tobacco, vapes and cheap little cigars are attractive to youth and widely available in Brentwood. Studies show that tobacco retailer location and density can impact tobacco use rates.
Tobacco Retailers Near Areas where Youth Frequent
37 of Brentwood's 44 tobacco retailers are within 1,000ft of a school or park.
All 12 of Brentwood's smoke shops are within 1,000ft of a school or park. 13 retailers, including 5 smoke shops, are within 1,000ft of a school.
Of retailers surveyed within 1,000ft of a school, 83% sell little cigars and cigarillos for less than $2, 75% sell flavored tobacco products and 67% sell vapes.
Brentwood Survey Highlights
https://assets.tobaccofreekids.org/factsheets/0008.pdf
https://www.changelabsolutions.org/product/tobacco-retailer-density Store Assessment Data Collected between April - June 2023 with 42/44 tobacco retailers.
Two hookah retailers were not surveyed.
Flavored Tobacco is still being sold in Brentwood post Prop 31 79% of tobacco retailers surveyed sold flavored products that are included in Prop 31 such as vape products, little cigars and cigarillos, chew, etc.
Tobacco products are cheaply priced and in small pack sizes 81% of retailers sold little cigars and cigarillos for less than $2 62% of retailers sold little cigars and cigarillos as single cigars Vapes are easy to access among Brentwood's youth
Within 1,000ft of a school, 67% of
tobacco retailers sell vape products For more information, please contact The Tobacco Prevention Project at:
[email protected]
72% of surveyed 11th graders, at Liberty Union in 2021-2022, report that vapes are easy to access.
64% of stores in Brentwood sell vape products
Tobacco Retail Density is Among the Highest in the County Of all jurisdictions in Contra Costa, the number of tobacco retailers in Brentwood has had the largest increase since 2020.
For more information please contact
[email protected]
Tobacco's Impact on Brentwood's Youth
Nicotine can harm the part of the brain that controls attention, learning and impulse control when consumed in adolescence.
The Role of Vapes on Youth Tobacco Use in Brentwood
When vape products are smoked they create an aerosol that is harmful to the lungs and contain harmful chemical compounds. 75%
of Liberty Union School District 11th graderssurveyed during 2021-2022 reported that vapes were easy to access.
Proposition 31, the Flavored Tobacco Ban, went into effect in December of 2022 yet flavored tobacco products, especially vapes, are still being sold locally. Cities can passtheir own Tobacco Retail Licensing policiesto protect youth in their community.
Vapes are the most commonly used tobacco product among Contra Costa's Youth.
cchealth.org/tobacco/pdf/Findings-from-the-2019-20-CSTS.pdf California Healthy Kids Survey 2021-20202 Liberty Union School District. cdc.gov/tobacco/basic_information/e-cigarettes/Quick-Facts-on-the-Risks-of-E-cigarettes-for-Kids-Teens-and-Young-Adults.html Basics of a Tobacco Retailer
License (TRL) Model Policy
What is a Tobacco Retailer License?
Many factors contribute to youth tobacco use. A Tobacco Retailer Licensing (TRL) policy can be an effective tool to ensure retailer compliance with laws and reduce youth access to tobacco. In fact, most Contra Costa Jurisdictions already have a Tobacco Retail Licensing policy.
What it does
It requires a local license in order to sell tobacco products. Most TRLs are revenue neutral and include an annual fee to help the city cover costs of retailer compliance checks.
Evidence to support this policy
A 2019 study in California found that youth in communities with a strong TRL policy were 33% less likely to have initiated cigarette use and 26% less likely to initiate e-cigarette use compared to youth in cities that had no TRL or insufficient compliance checks [5].
Brentwood Residents’ Support
In an online survey conducted by Contra Costa Health in April-May 2023, Brentwood residents were asked if they were in favor or against a local law that requires tobacco retailers to have a local license to sell tobacco. The license fees would cover the cost of checking whether stores follow tobacco laws, including making sure they don’t sell to people under 21. 70% of the 225 Brentwood resident respondents supported this policy.
Brentwood Retail Landscape
Tobacco retailer density in Brentwood is among the highest in Contra Costa, but Brentwood has among the fewest tobacco retail policies.
The Problem with Tobacco:
In 2022, 23.6% of a random sample of Bay Area tobacco retailers illegally sold tobacco to underage decoys[2].
In California, the 2022 Synar Tobacco Purchase Survey showed that retailer violation rate was highest for Tobacco/Vape Shops (41.4%) followed by small markets (29.1%) and gas stations (27.2%)[3].
Tobacco use is the leading cause of preventable death in the United States. It kills more than 480,000 people annually which is more than AIDS, alcohol, car accidents, illegal drugs, murders and suicides combined. If smoking rates do not decline, an estimated 441,000 of all California youth alive today will die prematurely from smoking-related diseases[1].
Youth access tobacco from multiple sources, including some retailers Brentwood vape use rates
The Liberty Union High School District, 2021-2022 California Healthy Kids Survey results indicated that 25% of 11th graders surveyed report ever using vape products; 10% report current use (last 30 days) [4]. 100% Flavored Tobacco Restrictions (no exemptions)
California’s 2022 state law (Prop 31) prohibited the sale of most flavored tobacco (flavored hookah, pipe tobacco and large cigars over $12 are exempt). Despite the new law, flavored tobacco is still widely available in Brentwood stores.
Evidence for the policy
One of the most effective ways to prevent tobacco initiation and reduce use is to restrict the sale of all flavored tobacco products, including flavored cigars and hookah [6].
What the model policy recommends
Restrict the sale of all flavored tobacco products. In addition to what is included in Prop 31's Flavored Tobacco Ban, items like flavored hookah, pipe tobacco and large cigars over $12 would be included in this restriction.
Brentwood Data
In Brentwood, a 2023 Store Observation study conducted by Contra Costa Health showed that 79% (33) of tobacco retailers sell tobacco products (e.g. vape products, Little Cigars and Cigarillos chew) in explicit flavors (e.g. mint, sweet, fruit, etc.) or concept flavors [7].
Comprehensive TRLs can include different components, depending on the specific concerns of a community. Below are some to consider based on research of best practices from the Public Health Law Center Model TRL policy.
E-cigarette Product Restriction
E-cigarettes (or vapes) are the most commonly used tobacco product among youth.
Evidence for the policy
The 2022 California Youth Tobacco Survey found that among current high school vape users, the most commonly reported method of obtaining vapes was buying them (34.2%).
Among youth who report buying their own vapes, the most common source was from vape shops (31.4%). 63.4% of current vape users believed that it was easy to buy vapes from a store [8].
What the model policy recommends
Stop the sale of electronic smoking devices or products made for electronic smoking devices. This includes disposable e-cigarettes, e-cigarettes with pre-filled or refillable cartridge, tanks, mods, pod-mods and vaporizers and their liquids.
Brentwood Data
64% (27) tobacco retailers in Brentwood sell vape products, including nine near schools.
Tobacco retailers to be located >1000ft. away from youth-oriented facilities, such as parks and schools. Tobacco retailers to be located >1,000 ft. from other tobacco retailers or cannabis retailers. No tobacco retail license could be issued to a moveable place of business. No tobacco retailer license may issue, and no existing license may be renewed, to authorize tobacco retailing at a pharmacy.
Retailer density and location can impact tobacco initiation and use. Communities can reduce retailer density and number of tobacco retailers by placing restrictions on tobacco licenses such as minimum distance requirements between existing retailers, capping the number of retailers in a given geographic area, setting a maximum number of retailers, and restricting sales at pharmacies, or within a certain distance of locations serving youth. Local governments use direct regulation, licensing, or zoning laws to enact these changes [9]. These policies result in a gradual decline in the number and density of tobacco retailers as new licenses or license transfers are only allowed if they meet the policy requirements.
Evidence for the policy
Greater tobacco retailer density is positively associated with tobacco use, and studies show that tobacco retailer density tends to be greater in high poverty and high racial/ethnic minority neighborhoods. Policies can help to equitably reduce retailer density and negative tobacco-related health disparities [10]. Restricting tobacco retail near schools can reduce youth exposure to marketing and youth access to tobacco. What the model policy recommends for population-based density Set a cap on the total number of tobacco retailers in the community. The Public Health Law Center recommends no more than one tobacco retailer for 2,500 residents. No new licenses would be able to be issued if the number of tobacco retailer licenses already issued equals or exceeds the total number authorized. What the model policy recommends for limits on eligibility for a tobacco retailer license
What the model policy recommends for transferable licenses 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 proprietor(s).
Brentwood Data
Brentwood has among the highest density of tobacco retailers, and significant retailers (e.g. smoke shops, hookah lounges) specifically, in Contra Costa. The number of new tobacco retailers in Brentwood has increased from 33 in 2020 to 44 in 2023. The increase of 33% is the highest increase in the county. 83% (35) of Brentwood retailers are within a short distance, 1,000ft, of areas youth frequent (libraries, schools, parks) in Brentwood. This includes all 12 significant tobacco retailers (e.g. smoke shops, hookah lounges). These numbers are also inclusive of three (3) pharmacies that also sell tobacco products. *See Brentwood tobacco retailer map attached.
Retailer Location & Density Restrictions
Minimum Pack Size for Tobacco Products
Setting a minimum package size for tobacco products makes it harder for youth to access tobacco products because they will no longer be sold as singles or as cheaply.
Evidence for the policy
Federal law bans the sale of individual cigarettes, but not the sale of individual little cigars and cigarillos. Many retailers sell little cigars and cigarillos individually as “singles” or in small packs of 2-4, making them more appealing to youth. Minimum pack size requirements can increase the unit price but are more effective when combined with minimum price policies. When a minimum pack size policy is passed without a minimum price component, larger packs of tobacco can be sold cheaply (this has been observed in unincorporated county and other jurisdictions). Combining the two policies will help avoid this possibility.
What the model policy recommends
Little cigars and cigarillos can only be sold in packs of at least 20. The minimum pack size for cigars is 6, unless a single cigar is priced over a price determined by the local jurisdictions. Examples of the minimum price for a single cigar throughout Contra Costa range from $5 - $7.50.
Brentwood Data
In Brentwood, 80% (35) of retailers sell little cigars and cigarillos in packs of four or less. 62% (26) of retailers sell them individually.
Minimum Price for Tobacco Products
Setting a minimum price for tobacco products has been shown to deter people from beginning to use tobacco products.
Evidence for the policy
Extensive research has shown that when tobacco prices increase, fewer people begin using tobacco, more people quit, and continuing users reduce their consumption. This is especially true for youth and other price-sensitive populations [11]. The Surgeon General recommends a minimum of $10 for a pack of cigarettes to make them less accessible to youth [12].
What the model policy recommends
This would set a minimum price for cigarettes, little cigars, cigarillos and wraps of at least $10 after taxes and fees. Single "premium" cigars would be required to cost at least $12.
These prices could increase annually with the regional Consumer Price Index to remain a deterrent.
Brentwood Data
In Brentwood, 34 tobacco retailers sell little cigars and cigarillos for $1.99 or less (10 of those retailers sell them for less than $1).
Possession, Use and Purchase (PUP) policies are not effective and can have detrimental effects.
Evidence for the policy
Youth who use tobacco products need cessation support and resources to break the cycle of addiction. Research into effective interventions to address addiction demonstrates that penalties are not effective at treating addiction [16].
What the model policy recommends
The policy would include language to ensure that underage people who have been targeted for years by tobacco companies are not penalized for purchasing, using or possessing tobacco. Best practices also exclude any policy provision that criminalizes an individual (e.g. youth, store clerk) for the purchase, use or possession of tobacco products.
Adequate Enforcement
Adequate enforcement is key to successful policy implementation Evidence for the policy
There is little evidence that merely enacting a law without sufficient enforcement has any impact on youth tobacco use [14]. Close attention to policy enforcement of retailer compliance (e.g., requiring identification checks) is necessary to achieve full benefits of any tobacco control policy [15].
What the model policy recommends
The enforcing agency makes at least 3 visits per year to each licensee to ensure that retailers are compliant and are not selling tobacco to people under 21. One visit should include a youth decoy operation compliance check. Those who are not in compliance should be rechecked after a specific amount of time identified by the local jurisdiction. Examples from throughout Contra Costa are between 24hrs to 3 months.
Explicit Non-Criminalization in:
Possession, Use and Purchase (PUP) Policies
Restricting redemption of coupons or discounts is one strategy to help reduce youth access to tobacco by making tobacco products less affordable.
Evidence for the policy
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% [13].
What the model policy recommends
Tobacco retailers would not be allowed to honor coupons, promotions, or any other means of reducing the sales price of tobacco below the list price.
No tobacco coupons/discounts honored
References
U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2014. Available at: https://www.ncbi.nlm.nih.gov/books/NBK179276/pdf/Bookshelf_NBK179276.pdf .
Synar Tobacco Purchase Survey. STPS 2022. Sacramento, CA: California Department of Public Health; July 2022. ibid.
Liberty Union High School District California Healthy Kids Survey,2021-2022:MainReport.San Francisco: West Ed for the California Department of Education.
Roee L. Astor, MPH; Robert Urman, PhD; Jessica L. Barrington-Trimis, PhD; et al. Tobacco Retail Licensing and Youth Product Use. Pediatrics (2019) 143 (2): e20173536.https://doi.org/10.1542/peds.2017-3536 Hookah-Fact-Sheet.pdf (publichealthlawcenter.org)
Brentwood Store Observation Survey, April-May, 2023.Conducted by Contra Costa Health Tobacco Prevention Program.
Dutra, L. M., Ingold-Smith, M., Rotermund, S., Clodfelter, R., & Levine, B. (2022). Annual results report for the California Youth Tobacco Survey 2022. RTI International.
Ackerman A, Etow A, Bartel S, Ribisl KM. Reducing the Density and Number of Tobacco Retailers: Policy Solutions and Legal Issues. Nicotine Tob Res. 2017 Feb;19(2):133-140. doi: 10.1093/ntr/ntw124. Epub 2016 Apr 28. PMID:
27127232; PMCID: PMC5234362.
Glasser AM, Onnen N, Craigmile PF, Schwartz E, Roberts ME. Associations between disparities in tobacco retailer density and disparities in tobacco use. Prev Med. 2022 Jan;154:106910. doi: 10.1016/j.ypmed.2021.106910. Epub 2021 Dec 16. PMID: 34921833; PMCID: PMC8750533.
McLaughlin I, Pearson A, Laird-Metke E, Ribisl K. Reducing tobacco use and access through strengthened minimum price laws. Am J Public Health. 2014 Oct;104(10):1844-50. doi: 10.2105/AJPH.2014.302069. Epub 2014 Aug 14 HHS, The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General, Atlanta, GA:
HHS, CDC, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014, http://www.surgeongeneral.gov/library/reports/50-years-of-progress/index.html.
Slater SJ, Chaloupka FJ, Wakefield M, Johnston LD, O’Malley PM. The impact of retail cigarette marketing practices on youth smoking uptake. Arch Pediatr Adolesc Med. 2007;161(5):440-445..
DiFranza JR. Which interventions against the sale of tobacco to minors can be expected to reduce smoking? Tob Control. 2012 Jul;21(4):436-42. doi: 10.1136/tobaccocontrol-2011-050145. Epub 2011 Oct 12. PMID: 21994275.
DiFranza JR. Best Practices for Enforcing State Laws Prohibiting the Sale of Tobacco to Minors. J Public Health Manag Pract. 2005;11(6):559-565. doi: 10.1097/00124784-200511000-00014.
Nat’l Research Council, Informing America’s Policy on Illegal Drugs: What We Don’t Know Keeps Hurting Us (The National Academies Press ed., 2001).
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
11. 12.
13. 14.
15. 16.
Map
1 Wimberly, Margaret
From: KIMBERLY GIULIANO
Sent: Tuesday, November 14, 2023 12:58 PM
To: webCityClerk
Subject: Traffic Issue
CAUTION – EXTERNAL SENDER
Comment for tonight’s council meeting
As you know a resident was recently a victim of a car accident at Vineyard and Solera here in Brentwood. Please ask the transportation department to look into this intersection for improved safety. It may be time to make this a 4–way stop sign or install a light. There are blind spots because of vegetation along Vineyards Parkway. Thank you.
Kim Giuliano
Sent from my iPhone
1 Wimberly, Margaret
From: Linda
Sent: Monday, November 13, 2023 6:39 PM
To: webCityClerk
Subject: Public comment 11/15 city council meeting
CAUTION – EXTERNAL SENDER
I have been a resident of Brentwood for 55 years, now living in Trilogy. I am extremely concerned about the intersection of Vineyards Parkway (extension of Fairview Ave. ) and Trilogy Parkway. This intersection is problematic because drivers are coming downhill on Vineyard , often at a speed considerably above the 35 mile speed limit, and around a curve, when they encounter drivers and pedestrians attempting to turn on to Vineyards or cross over to the newest Trilogy village. It is important to note that Vineyards has become a short‐cut from Marsh Creek Rd to Fairview/Balfour and a direct route for students at the new Community College campus . I certainly expect that the city will conduct a thorough traffic evaluation and will consider the potential liability issues should the city refuse to install the critically necessary stop signs on Vineyards Parkway . One person has died at this intersection, must others? Linda Parks.
Brentwood
Sent from my iPad
2 We would appreciate your attention to the Vineyards Parkway corridor & the pedestrian crossings.
Thank you.
Regards,
Mary
1 Wimberly, Margaret
From: Vian
Sent: Tuesday, November 14, 2023 12:42 PM
To: webCityClerk
Subject: Vineyards Parkway and Solera Streets 4 way stop CAUTION – EXTERNAL SENDER
Hello,
I am a resident of Trilogy in Brentwood. Unfortunately we have had a tragic accident in our community recently involving a resident hit by another resident at the intersection of Vineyards Parkway and Solera Street. People drive too fast on Vineyards Parkway and I believe a 4 way stop vs the current 2 way stop would alleviate this issue to a great extent. This accident occurred when the sun was in the direct line of vision of the driver. If that driver had had to make a stop, then the likelihood of this accident ever happening would be diminished greatly.
Please consider this opinion as this issue will be on your agenda soon.
Aloha nui loa,
Vian Ann Cafaro
Brentwood CA 94513