CITY OF VALLEJO
DRAFT TOBACCO
RETAIL LICENSING
ORDINANCE
PRESENTATION
CAO and CMO Offices
Background
– On 4/25/23 the Vallejo City Council received a
presentation from community groups LGBTQ Minus
Tobacco and Bay Area Community Resources relating to
the establishment of a Tobacco Retail Licensing
Ordinance in the City.
– At the conclusion of the presentation, Council directed staff to return to Council with a comprehensive
ordinance for its consideration.
Actions to date
• Among many other urgent priorities, staff worked diligently to review the model tobacco retail licensing ordinances proffered by the Public Health Law Center, the American Lung Association and the American Heart Association as well as ordinances adopted by several other jurisdictions. • Based upon the draft proposed, staff reviewed additional sections of the Vallejo Municipal Code and determined that several other provisions of the Municipal Code would need to be amended in order to conform to the Draft ordinance.
• The amendments to Title 16 of the Vallejo Municipal Code were considered by the Planning Commission on ___________
• The Planning Commission by adoption of a resolution recommended approval of the amendments to Title 16.
Public Engagement Efforts
• Economic Development Staff invited our retailers who engage in the sale of tobacco products to attend a presentation to hear about the proposed Tobacco Retail Licensing Ordinance in February 2024.
• The event was not well attended, however, staff did make a presentation which was also broadcast on zoom, and went over the major provisions of the draft ordinance.
After the presentation, staff will took questions of the attendees and provided an opportunity for comment.
• During the 6/3/24 Planning Commission hearing on the related zoning amendments, retailers expressed concerns regarding business transferability and packaging and pricing restrictions contained in the draft TRL Ordinance. TRL Advocates expressed concerns about the inclusion of Smoking Lounges in the related Chapter 16 amendments. In response to these concerns, the CAO and CMO held a meeting with both retailers and advocates to hear more detail on the concerns on 6/13/24 Major Provisions of Draft
TRL Ordinance – Exhibit A
Who and What is
Regulated
• All persons engaged in retail sale
of “tobacco products” in the City
will need to have a Tobacco Retail
License.
• “Tobacco products” include any
product made or derived from
tobacco or nicotine regardless of
means of delivery (includes,
cigarettes, cigars, pipe tobacco,
chewing tobacco, snuff, electronic
delivery devices, etc.).
Prohibited Locations
• Tobacco Products will not be permitted to be sold
at:
– Pharmacies
– Cannabis Retail Stores
– Non-Fixed locations (mobile retail)
Separation Requirements
• New Tobacco Retailers will not be able to locate
within 1,000 feet of :
– “Youth Oriented Facilities” such as schools,
libraries, playgrounds, youth centers, recreation
facilities, parks, childcare facilities. Suggested,
1,000 feet.
– Existing tobacco or cannabis retailers.
Permit Numbers Limited-
Density
• Density limitations on number of retailers based
upon City Population. One per 2,500 persons.
(125,886 per last Census = 51 licenses)
Location Exemptions and
Transferability
• Existing retailers are exempted from proximity and
density requirements and can receive a license regardless of location or density limitations; however a new owner would not be able to obtain a license for a location that does not comply with the ordinance or if the number of
reatailers exceed the density requirements.
Other Provisions
• Sales prohibited to persons under 21
years of age.
• All sales require government ID.
• Self service displays prohibited.
• No tobacco products may be delivered.
• Flavored Tobacco Products prohibited.
• Pricing and packaging requirements
include minimum packaging and
prices.
Other Provisions
Continued
• License is annual.
• Clear provisions for issuance or denial.
• May be revoked if improperly issued.
• Compliance monitoring authorized.
Enforcement
• Fines
• Civil Action
• Criminal Prosecution
• Forfeit of product
• Suspension/Revocation of license for violations
(within 5-year period):
– First Violation 30-day suspension
– Second Violation 90-day suspension
– Third Violation 1 year suspension
– Fourth Violation – revocation
Concerns Expressed By Retailers
• During the Planning Commission meeting retailers
expressed concerns regarding the transferability of the TRL Permits. This issue surrounds the requirement that a transferred business must comply with the location
and density requirements of the TRL Ordinance.
• Retailers also expressed some concerns regarding
packaging and pricing restrictions contained in the TRL Ordinance.
Other Ordinance Amendments
• In order to conform to the new proposed TRL
Ordinance, other sections of the Municipal Code also
require amendment.
• These include Chapter 7.68, 7.69, 16.301, 16.340, 16.701 Chapter 7.68 Amendments – Exhibit B
• Conformed definitions between Chapter 5.10, Chapter
7.68 and Title 16.
Chapter 7.69 – Attachment 11
• Chapter 7.69 is being repealed. The provisions of
Chapter 7.69 were incorporated into Chapter 5.10.
• Chapter 7.69 which was adopted in 1991 and amended
in 2009 banned vending machines, nominal pricing,
coupons, free tobacco,
Chapter 16.301 – Exhibit C
• Includes notes in the Use Table of the zoning code
referring the reader to Chapter 5.10 and 16.340.
• Relabes Smoke Shop to Tobacco Retail Store Major
and Minor and differientates between Major and
Minor uses based upon floor area for tobacco
products.
• Adds Tobacco, Cigar Bar or Lounge to address the
exemption for same already contained in Chapter
7.68 and requires a Major Use Permit for same.
Chapter 16.340 – Exhibit D
• Chapter 16.340 was adopted with the Zoning Code in July of 2021. It included provisions requiring a Use Permit for Tobacco Retail with more than 20% floor area and included limited separation requirements. • Amendments proposed to conform to Chapter 5.10
• Already included separation requirements for tobacco retailers from religious assembly uses, public recreations areas, Childcare centers, and schools. This list was updated to conform to Chapter 5.10, so that the use permit requirements and the licensing requirements would match. Maintained the other operations standards for the facilities, but added them to be applicable to all business selling tobacco related products and requires all such facilities going forward to have a major or minor use permit depending on floor area devoted to tobacco.
Chapter 16.701 - Exhibit E
• Conformed definitions to Chapter 5.10
Concerns Expressed
• Proponents of the TRL have expressed concerns with
permitting Tobacco Cigar Bars/Lounges.
Next Steps
• Hold the Public Hearing tonight, consider the ordinance and any direction to staff.
• Introduce the Ordinance.
• Adopt Ordinance at subsequent meeting.
• Ordinance changes go into effect 30 days from
adoption.
• Adopt License Fees at Subsequent meeting.
This Message Is From an External Sender
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From: Dawn Abrahamson
To: Angelina Joya
Subject: FW: 6/25 City Council: support tobacco retail license, oppose smokers lounge Date: Friday, June 21, 2024 3:30:09 PM
Attachments: ACSCAN_RGB_sm_.png
Vallejo_support Tobacco license_oppose smokers lounge June 2024.pdf Angelina, please include with the packet on the J drive and in Revver and provide copies for the 2 public binders.
From: Jen Grand-Lejano <[email protected]>
Sent: Friday, June 21, 2024 3:28 PM
To: Rozzana Verder-Aliga <[email protected]>; Peter Bregenzer <[email protected]>; Tina Arriola <[email protected]>; Charles Palmares <[email protected]>; JR Matulac <[email protected]>; Mina Loera-Diaz <[email protected]>; Robert H. McConnell <[email protected]> Cc: Veronica Nebb <[email protected]>; Dawn Abrahamson <[email protected]>
Subject: 6/25 City Council: support tobacco retail license, oppose smokers lounge
Dear Mayor McConnell and Vallejo City Councilmembers, We applaud your efforts to reduce tobacco availability in the community to protect youth, and urge you not to reverse the progress by creating smoking lounges. Please see the attached letter ZjQcmQRYFpfptBannerStart
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Dear Mayor McConnell and Vallejo City Councilmembers,
We applaud your efforts to reduce tobacco availability in the community to protect youth, and urge you not to reverse the progress by creating smoking lounges. Please see the attached letter urging your support for the proposed tobacco retail license ordinance and your opposition to creating private smokers lounges in Vallejo, to be heard at Tuesday’s City Council meeting. I’m available to discuss if you have any questions.
Jen Grand-Lejano
Senior Government Relations Director, Northern
California & Grant Program
m: 925.639.9130
fightcancer.org | 1.800.227.2345
This message (including any attachments) is intended exclusively for the individual to whom it is addressed and may contain proprietary, protected, or confidential information. If you are not the named addressee, you are not authorized to read, print, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately.
American Cancer Society Cancer Action Network
1001 Marina Village Parkway Suite 300 ▪ Alameda CA 94501 ▪ 925.639.9130
June 21, 2024
Mayor McConnell
Vallejo City Councilmembers
555 Santa Clara Street
Vallejo, California 94590
Dear Mayor McConnell and Vallejo City Councilmembers:
The American Cancer Society Cancer Action Network’s (ACS CAN) mission is to advocate for evidence- based public policies to reduce the cancer burden for everyone, and we are committed to continuing that mission in Vallejo. That’s why we must oppose the amendment to the smoking ordinance to allow for smoking in private smokers lounges. Workers deserve smokefree air and allowing smoking indoors in the workplace infringe upon that right. It also reverses the work the City is doing to create healthier norms and reduce availability of tobacco to protect youth.
We are deeply concerned about the availability of flavored and low-priced tobacco products marketed to youth, which is contributing to the growing epidemic that is plaguing our communities. Thank you for considering a policy to protect the health of our youth. We urge you to adopt the proposed comprehensive tobacco retailer licensing (TRL) policy as drafted to:
- end the sale of menthol cigarettes and all other flavored tobacco products, including flavored shisha tobacco, all flavored cigars and flavored loose-leaf tobacco at all retailers; - end the sale of all tobacco products at pharmacies;
- end online or delivery sales of tobacco products into Vallejo; - raise the minimum price and pack size for tobacco products and prohibit tobacco discounts; - include at least one annual compliance visit and underage sales operation per retailer; - and establish distance requirements between tobacco retailers and youth-sensitive areas.
These provisions go far to protect residents from the predatory marketing of the tobacco industry, especially to protect against youth access to tobacco in Vallejo, which is a concern.
We urge you to adopt the proposed comprehensive TRL policy as is that includes license fees that are sufficient to cover the cost of administration and sustained equitable enforcement of the policy coupled with meaningful penalties for violators including significant graduated fines combined with license suspension and revocation for repeat offenders. It is critical that this ordinance end the sale of ALL flavored tobacco products at all retailers with no exemptions. Evidence shows that four out of five youth who use tobacco started with a flavored product. However, youth who live in a city where the sale of all flavored tobacco products is prohibited have a significantly reduced chance of ever trying tobacco products, and Vallejo youth deserve no less.
We also support ending the sale of all tobacco products in pharmacies as part of the comprehensive TRL.
Pharmacies promote health and should not also sell products that contribute to a lifetime of addiction and disease. Tobacco-free pharmacies also reduce youth exposure to tobacco marketing in the community and contribute to a healthier retail environment and positive social norm change.
Tobacco retailer proximity to other tobacco retailers as well as youth-sensitive areas can have significant impact on access to tobacco products. It is no mystery that stores selling tobacco tend to cluster in
American Cancer Society Cancer Action Network
1001 Marina Village Parkway Suite 300 ▪ Alameda CA 94501 ▪ 925.639.9130
limited-income neighborhoods and in communities of color, making unhealthy products readily available for their residents. Such stores are often within walking distance of schools, increasing the likelihood that young people are exposed to tobacco advertising on windows and products at the point of sale.
Additionally, the tobacco industry targets youth with low-priced and small-pack tobacco products that are easily purchased with pocket change and consumed quickly to avoid the attention of parents.
Increasing the price and pack size of tobacco products reduces youth accessibility and mirrors best practice of other jurisdictions in Vallejo and surrounding Bay Area communities.
Best practice now includes language to ensure all tobacco retail sales in Vallejo are happening at brick- and-mortar stores. This protects against retailers circumventing the law by offering otherwise illegal products for sale online that customers can pick up in store. It also ensures all tobacco retailers are held to the same business standards and the policy has the intended effect to reduce availability of tobacco in the community.
The City Council needs to make the health of Vallejo youth a priority and join our neighbors in the more than 145 communities throughout California who have adopted policies to end the sale of flavored tobacco products. We urge you to adopt a comprehensive tobacco retailer licensing ordinance that ends the sale of all flavored tobacco products at all locations, establishes tobacco-free pharmacies, raises the minimum price and pack size of tobacco products, ends online/delivery sales of tobacco into the community, and addresses retailer density and proximity to youth-sensitive areas.
Sincerely,
Jen Grand-Lejano
Senior Government Relations Director, Northern California American Cancer Society Cancer Action Network
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From: Andrew Murray
To: Dawn Abrahamson; Veronica Nebb; Kristin Pollot
Subject: FW: Item 9A
Date: Tuesday, June 25, 2024 9:30:34 AM
From: Kamaljeet Grewal <[email protected]>
Sent: Monday, June 24, 2024 4:52 PM
To: Robert H. McConnell <[email protected]>; Rozzana Verder-Aliga <[email protected]>; Mina Loera-Diaz <[email protected]>; JR Matulac <[email protected]>; Charles Palmares <[email protected]>; Peter Bregenzer <[email protected]>; Tina Arriola <[email protected]>; Andrew Murray <[email protected]>
Subject: Item 9A
Vallejo City Council, I am a small business owner in Vallejo. We emigrated to America and built a livelihood here in Vallejo believing in the opportunity and possibility that is here. In an incredible rush, this item 9A has been pushed through ZjQcmQRYFpfptBannerStart
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Vallejo City Council,
I am a small business owner in Vallejo. We emigrated to America and built a livelihood here in Vallejo believing in the opportunity and possibility that is here. In an incredible rush, this item 9A has been pushed through without community contact and lacking translated materials that would make this change understandable and workable for our community.
Many of us have English as a second language — we represent groups that speak Punjabi, Farsi, and many other languages. We have upheld and support many of the regulations that ensure tobacco-related products are out of the hands of minors.
However, this ordinance would immediately destroy the value of our small businesses if we cannot have a transferable license. Just as many of our community expected to retire and sell a business built painstakingly over decades of hard work, late nights, and risk to personal safety at times.
We wish to work collaboratively with the city council and agree with the vast majority of this ordinance. At a bare minimum we urge an extension of time to work through the transferability of licenses.
Sincerely,
Kamaljeet Kaur
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From: Andrew Murray
To: Dawn Abrahamson; Veronica Nebb; Kristin Pollot
Subject: FW: Oppose Tobacco Ordinance City of Vallejo
Date: Tuesday, June 25, 2024 9:29:24 AM
From: Paul Hayer <[email protected]>
Sent: Monday, June 24, 2024 5:38 PM
To: Robert H. McConnell <[email protected]>; Mina Loera-Diaz <Mina.Loera- [email protected]>; Rozzana Verder-Aliga <[email protected]>; JR Matulac <[email protected]>; Charles Palmares <[email protected]>; Peter Bregenzer <[email protected]>; Tina Arriola <[email protected]>; Andrew Murray <[email protected]>
Subject: Oppose Tobacco Ordinance City of Vallejo
Respected All, I oppose the proposed Tobacco Ordinance by the City of Vallejo. Garry 9169049424 ZjQcmQRYFpfptBannerStart
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Respected All,
I oppose the proposed Tobacco Ordinance by the City of Vallejo.
Garry
9169049424
This Message Is From an External Sender
This message came from outside your organization.
From: Andrew Murray
To: Dawn Abrahamson; Veronica Nebb; Kristin Pollot
Subject: FW: Tobaco Ordinance
Date: Tuesday, June 25, 2024 9:30:09 AM
From: Harjinder Dhami <[email protected]>
Sent: Monday, June 24, 2024 10:57 PM
To: Andrew Murray <[email protected]>
Subject: Tobaco Ordinance
Hello Mr. Murray, My name is Harjinder Dhami, I have lived in and owned small businesses in Vallejo for 30 years. I am the owner of Jack's Food & Liquor, Boss Market, Deals R Us Discount Store and Turbo Joes Fresh food. It is no easy task ZjQcmQRYFpfptBannerStart
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Hello Mr. Murray,
My name is Harjinder Dhami, I have lived in and owned small businesses in Vallejo for 30 years. I am the owner of Jack's Food & Liquor, Boss Market, Deals R Us Discount Store and Turbo Joes Fresh food. It is no easy task to run a business and esspecially in Vallejo. However, due to our love for the Vallejo community we have remained in this city for 30 years now.
This Tobacco ordinance will have very dire consequences on our business. We agree with the vast majority of the ordinance , however there are some points in this ordinance that will crush us as small businesses and negativly affect our community.
Firstly the email of the ordinance was not delivered or received by almost 75% of retailers. Majority of retailers are only now figuring out that this ordinance exists. For this reason we would like the ordinace to be pushed forward for another date so that we as reatilers have the right to sit togther and decide colectivly to fully understand this ordinance.
We also do not belive increasing the minimum pack size for cigars to 10 will solve any issue. We actually believe it will cause much more harm. We as retailers know and understand our customers more than anyone else. Customers buy single cigars as a way pace themselves and slowly quit. They have money to buy the 3 pack and 5 packs however they purposly buy 1 cigar so that they are not tempted to smoke the entier 3-5 pack. Now with only having 10 packs customers are forced to buy more cigars and more likely to smoke more at one time. Not only that this will lead to the city losing millions in sales tax money because customers will get thier cigars from other cities and an undergrounf market will fourish. Passing this law will be one of the worst things to happen to Vallejo for our community and city. If this was an atuall solution we would be on board, but we know as retailers what will happen if this is passed.
The license tranferability is also a life altering point in the ordinance. Your telling me I wont be able to sell my business and retire after working for 30 years? If this is is passed tobaco license can not be tranfered if we sell our business. This automatially decreases our business value in half, and in some cases 100%.
This ordinance also states that all exisiting reatilers must re-apply for thier tobaco license. This is extremly confusing, does this mean some of us will lose our licenses? Even after spending hundreds of thousands and even millions in the form of cash and debt on these businesses it can all be taken away in the course of 60 days?
We as retailers do whatever it takes to ensure these products don't end up in the hands of minors, and are fully on baord with the majority of the ordinance. However the above listed points should be thought of beofre making any decision. We thank you for your service to the community and hope you will make the right decisions and hear our voice this Tuesday.
Thank you,
Harjinder Dhami
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From: Alix W
To: City Clerk
Subject: Public Comment 6/25/24 Agenda Item #9A Tobacco Retail Licensing Date: Tuesday, June 25, 2024 6:18:57 AM
Greetings Vallejo Leaders,
My name is Alexandra Winston, I’m a former Vallejo resident, not by choice, and I would like to share my story with you. In 2017 my son started vaping flavored nicotine products while attending Vallejo High and still does 7 years later. He just turned 21 4 days ago. He purchased his vapes at a retailer in Vallejo that was known for selling to underage kids from the area.
Pro vaping folks may say that it is a parent's responsibility to prevent their children from starting, however, I am not a failure as a parent because my son started vaping products designed for him and sold to him by businesses, not me, his mother. My daughters that attended Vallejo High, Franklin, and Hogan Middle Schools also had many experiences with friends and other students vaping in bathrooms and other places on campus. My oldest daughter wouldn’t even use the bathroom at school due to her asthma and the cloud of vape emissions and smoke in the restrooms.
My husband William, a Vallejo native “was trying to quit” smoking menthol cigarettes and started vaping menthol. He died at age 42 of a severe heart arrhythmia with the equivalent of 3 packs of cigarettes worth of unregulated nicotine in his system leaving me a single mother of 4 kids.
My husband was mixed-race Black and Native American, two of the highest-risk populations to suffer from tobacco-related disease and the predatory marketing of menthol by the tobacco industry. His life mattered.
My husband and I purchased our home in Vallejo as a two-income household. My children and I were forced to move out of Vallejo and back to family in FL after my husband’s passing due to the financial pressure and acute mental illness that surfaced in one of my daughters after our immeasurable loss
My family is one story of thousands that happen every single day. We have been deeply and profoundly impacted by the products that you are seeking to restrict from getting into the hands of youth and other vulnerable people. I truly thank you for your leadership on this issue.
Please continue to be stewards of our community's health and protectors of your citizenry.
With Gratitude,
Alexandra Winston
Formerly of
148 Spinnaker Way in Vallejo
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From: Ariel Urlik
To: City Clerk
Subject: Support 9.A TRL
Date: Monday, June 24, 2024 3:47:20 PM
Hello,
I am writing in support of the item 9A Tobacco Retail License. I am excited to see the city coming together for a strong support of the health of community. I was particularly excited to see the inclusion of the inability to transfer a license upon sale of the business. This element of the policy is critical to ensure that youth are protected by not having tobacco sales nearby as well as encourages future businesses and not just those who can afford an elevated price of a license. I understand you have many factors to weigh and am encouraged that Vallejo is matching more of the neighboring communities.
Thank you.
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This message came from outside your organization.
From: Dawn Abrahamson
To: Angelina Joya
Subject: FW: I oppose the proposed Tobacco Ordinance by the City of Vallejo.
Date: Tuesday, June 25, 2024 12:59:28 PM
From: Andrew Murray <[email protected]>
Sent: Tuesday, June 25, 2024 9:31 AM
To: Dawn Abrahamson <[email protected]>; Veronica Nebb <[email protected]>; Kristin Pollot <[email protected]> Subject: FW: I oppose the proposed Tobacco Ordinance by the City of Vallejo.
From: Daves Liquor <[email protected]>
Sent: Monday, June 24, 2024 5:36 PM
To: Robert H. McConnell <[email protected]>; Mina Loera-Diaz <Mina.Loera- [email protected]>; Rozzana Verder-Aliga <[email protected]>; JR Matulac <[email protected]>; Charles Palmares <[email protected]>; Peter Bregenzer <[email protected]>; Tina Arriola <[email protected]>; Andrew Murray <[email protected]>
Subject: I oppose the proposed Tobacco Ordinance by the City of Vallejo.
I oppose the proposed Tobacco Ordinance by the City of Vallejo. Daves 9169049424 ZjQcmQRYFpfptBannerStart
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I oppose the proposed Tobacco Ordinance by the City of Vallejo.
Daves
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and sell a business built painstakingly over decades of hard work, late nights, and risk to personal safety at times.
We wish to work collaboratively with the city council and agree with the vast majority of this ordinance. At a bare minimum we urge an extension of time to work through the transferability of licenses.
Sincerely,
Harminder Singh
Owner
Bevbox North Vallejo
(707)386-4005
[email protected]
This Message Is From an External Sender
This message came from outside your organization.
From: Dawn Abrahamson
To: Angelina Joya
Subject: FW: Oppose Tobacco Ordinance City of Vallejo
Date: Tuesday, June 25, 2024 12:59:21 PM
From: Andrew Murray <[email protected]>
Sent: Tuesday, June 25, 2024 9:31 AM
To: Dawn Abrahamson <[email protected]>; Veronica Nebb <[email protected]>; Kristin Pollot <[email protected]> Subject: FW: Oppose Tobacco Ordinance City of Vallejo
From: Bevbox.Warehouse <[email protected]>
Sent: Monday, June 24, 2024 5:32 PM
To: Robert H. McConnell <[email protected]>; Mina Loera-Diaz <Mina.Loera- [email protected]>; Rozzana Verder-Aliga <[email protected]>; JR Matulac <[email protected]>; Charles Palmares <[email protected]>; Peter Bregenzer <[email protected]>; Tina Arriola <[email protected]>; Andrew Murray <[email protected]>
Subject: Oppose Tobacco Ordinance City of Vallejo
Respected All, I oppose the proposed Tobacco Ordinance by the City of Vallejo. Garry 9169049424 ZjQcmQRYFpfptBannerStart
ZjQcmQRYFpfptBannerEnd
Respected All,
I oppose the proposed Tobacco Ordinance by the City of Vallejo.
Garry
9169049424
long.
Zenith Kissana | She/Her
Senior Health Education Specialist, Public Health
[email protected]
1 RESOLUTION NO. 001-24
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SURVEILLANCE
ADVISORY BOARD OF THE CITY OF V ALLEJO CONCERNING THE USE OF NEW
REPLACEMENT FLOCK CAMERAS AND FLOCK AUTOMATED LICENSE PLATE
READER CAMERAS
WHEREAS, Vallejo Municipal Code chapter 2.27 authorizes the Surveillance Advisory Board to provide recommendations concerning the deployment and use of surveillance technology within the City of Vallejo; and
WHEREAS, the Surveillance Advisory Board has received multiple presentations concerning the deployment and use of Flock cameras and Flock automated license plate reader cameras but has never provided a recommendation on those technologies to the City Council; and WHEREAS, the City Council, at its May 28, 2024 meeting, directed staff to take the City’s use and deployment of Flock camera technology and ALPR technology to the Surveillance Advisory Board for a recommendation; and
WHEREAS, the City Council directed that the Surveillance Advisory Board consider the camera and ALPR technology at a meeting to be held on June 20, 2024 and to return an recommendation to the City Council for its June 25, 2024 meeting; and WHEREAS, staff has provided a presentation on the City’s use of Flock cameras and ALPR cameras.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Board hereby recommends that the City Council approve the acquisition and use of the Flock camera and ALPR technology subject to the following:
1) In section 5.3 of the Master Services Agreement, add an amendment that Flock acknowledges and agrees to the City’s Policy of not providing data relating to prohibited uses or a violation of California law and attempt to add a notice requirement in the event of a subpoena request;
2) Ensure that the City’s policy includes as a prohibited use, any use of data for the prosecution of activities relating to reproductive rights per the SAB’s previous resolution relating to the Policy (Resolution 001-2023); 3) Remove from the transparency portal and data sharing agreements Houston TX, US Postal Service, US Marshalls Service and any other out of state or federal agencies, and confirm with the SAB whether any data has previously been shared with such agencies and ensure that such agencies do not return to the shared data list; and
4) Verify that the order form complies with the above provisions and the rest of the Master Services Agreement relating to privacy and provide said information to the SAB.
DocuSign Envelope ID: C14981C0-F259-4A49-82FC-001C1A62F98C 2 2. The Board further recommends that City Council direct the SAB and VPD work together to establish clear and more accurate efficacy data, including pre-and post-technology data, including relevant crime statistics and ways to track false positives.
Adopted by the Surveillance Advisory Board at a regular meeting held on June 20, 2024, with the following vote:
AYES: Moreno, Reddell, Sorce, Lee
NOES: None
ABSENT: None
ABSTAIN: None
_____________________________
ANDREA SORCE, Chair
ATTEST:
NA VEED ASHRAF, Secretary
DocuSign Envelope ID: C14981C0-F259-4A49-82FC-001C1A62F98C
UPDATE -PUBLIC SAFETY STAFFING EMERGENCY
Jason Ta, Interim Chief of PoliceJune 25, 2024
1 STATUS OF PHASES•Partially Implemented•Alarm Ordinance –moving forward based on direction from Council•“Condition Blue” being considered–If the number of CFS pending reaches a pre-determined number, officers will only respond to priority 1 and high-level priority 2 calls•Highest Calls for Service (CFS) Phase #1 Service Model Reduction
2 -Alarm activation-Mental distress-Suspicious persons/vehicles-Trespassing-Traffic-related offenses Phase #2 Rotation of Officers to Patrol Shifts•CompletedPhase #3 Collapsing Traffic & Detective Divisions•Traffic Division collapsed ( July 2023)Phase #4 Modifying Patrol Shifts to 12-hours or Another Staffing Model•Due to recent staffing trends, Phase #4 does not appear to be needed 3 •VPOA has an executed MOU (Nov 2023)–Working on staffing models and possibilities–First meeting with the Sheriff’s Office was on December 4th–Met with Sheriff on February 5th–County Counsel was provided data requested (April 12, 2024) –AB 1379 Retired Annuitant–RFP Security Guards Outside Assistance
4 CURRENT STAFFING NUMBERSTotal Sworn Staffing7273Modified Duty Officers22Off on Worker’s Comp.55Sworn Working Full Duty6565 Anticipated Officers Resigning00Officers Starting /Final Offers005 Officers Working Patrol3636Supervisors Working Patrol (Sgts)55 6-11-24Current
PREVIOUS STAFFING NUMBERS
6 8/29/2023 to 6/11/2024 8/29/23 9/12/23 10/10/23 11/14/23 12/19/23 1/9/24 2/13/24 3/12/24 04/09/24 5/14/24 5/28/24 06/11/24 Total Sworn Staffing767775757272737172747372Modified Duty Officers4 4 2 2 1 2 4 3 3222Off on Worker’s Comp.99991010997765Sworn Working Full Duty63 666464 61 60 60 59 63656565 Officers Working Patrol3235343532323436363436
Sergeants Working Patrol5 5 5 5 5 5 5 5 5 5 5
7 Vallejo Police Department Average Response Times (ART) 8 PRIORITYONE(1) Is defined as an in-progress felony, in-progress crime against a person, or an incident where there is a high risk for harm against a person.Response is Code 3.PRIORITYTWO(2)Is defined as a felony or crime against a person that has just occurred, an in-progress misdemeanor property crime, various alarms, or an incomplete 9-1-1 call where a disturbance was heard.Response is Code 2.PRIORITYTHREE(3)Is defined as a property crime or calls that are not an immediate threat to life but may escalate, officer-initiated activity. Response is Code 1.
RECRUITMENT & RETENTION(Stephanie Sifuentes, HR Director)Police Officer Applications 9 Look Back Period 6/10–6/23
Police Officer Backgrounds Since 7/13/2023
10 •5Officers currently in police academies–1 will graduate in July 2024–3 will graduate in September 2024–1 will graduate in October 2024 Police Academy
11 Recruitment Efforts•WSTB Physical Agility Scheduled for 6/29, 7/1•PELLETB Written Exam Scheduled for 6/29•Oral Panel Interviews Scheduled for 7/12•Attended Career Fairs and Recruiting Events: •Attended the Solano County Fair 6/15
CONTACT(S)
Jason Ta, Interim Chief of Police
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