REPORT TO COUNCIL
SUBJECT
Title
Action to Partner with the County of Santa Clara on an Award of Funding from the California Department of Justice to Combat Tobacco Related Challenges in the Community Not to Exceed $27,680 and Approve the Related Budget Amendment
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
Approved by voters in 2016, the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Prop. 56) increased taxes on cigarettes and other tobacco products by $2.00 and established a Tobacco Enforcement Grant Program, administered by the California Department of Justice (DOJ). 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. Activities associated with the Tobacco Grant were funded by Prop. 56.
In FY 2018/19, the Police Department was awarded $441,510 in DOJ funding during the inaugural Memorandum of Understanding period, June 1, 2018 through June 30, 2020. The Police Department’s application included a number of education and enforcement initiatives in an effort to combat tobacco related challenges in our community.
The grant period overlapped with the COVID-19 pandemic with the Police Department discontinuing all county-wide traffic enforcement details, special enforcement activities and grant initiatives as a result of the County of Santa Clara Public Health Department’s (PHD) Health Orders. Grant activity did not resume during the grant period which expired on June 30, 2020.
Despite the halt to grant related enforcement action, it should be noted over this grant cycle, the City of Santa Clara adopted a Smoking and Tobacco Regulations Ordinance expanding smoking restrictions in many public areas and multi-unit residences. In addition, the Police Department conducted inspections and enforcement operations, disseminated community messages and conducted in-person meetings on the dangers of tobacco products and purchased equipment to support this initiative.
DISCUSSION
Since FY 2018/19, the Tobacco Grant program has distributed approximately $170 million in grant funding through a competitive process. In March 2023, DOJ issued the eligibility criteria and application information regarding DOJ Tobacco Grant program funding for FY 2023/24.
The PHD submitted a joint proposal in partnership with multiple enforcement agencies from across the county, including the County of Santa Clara Department of Environmental Health (DEH), County Sheriff’s Office, and the cities of Campbell, Mountain View, Palo Alto, San Jose, Sunnyvale, and Santa Clara; all jurisdictions in the county were approached to participate in the joint proposal. The scope of work on the PHD submitted grant application included the following project goals:
• To reduce youth access to tobacco products by conducting regular compliance checks at stores selling tobacco products to ensure compliance with laws and requirements, including prevention of tobacco sales to underage individuals;
• To convene a tobacco prevention task force to serve as a capacity building and learning collaborative for best practices in increasing compliance with tobacco laws and preventing youth tobacco use; and
• To increase compliance with local, state, and federal tobacco retailing laws by providing educational resources to tobacco retailers.
In October 2023, PHD received an award letter (Attachment 1) from the California Department of Justice Tobacco Grant Program for Proposition 56 funds in the amount of $1,216,296 for November 1, 2023 through June 30, 2027. In December 2023, PHD received the agreement from DOJ with a retroactive date of November 1, 2023, which precluded PHD from bringing the agreement to the Board prior to its effective date. The County of Santa Clara Board of Supervisors approved acceptance of this award at their March 12, 2024 meeting (Attachment 2).
The Police Department agreed to fulfill the following grant objectives to achieve the grant goals between April 1, 2024 through June 30, 2026 along with the Service Agreement (Attachment 3):
• Obtain a list of tobacco retailers operating in the jurisdiction, from either the local tobacco retail permit/license administration or through the California Department of Tax and Fee Administration on a semi-annual basis
• Provide training for tobacco decoy operation participants prior to conducting compliance operations to ensure they are properly trained on protocols, including safety
• Conduct semi-annual compliance checks (decoy operations) with at least 10-20 tobacco retailers, to ensure that tobacco retailers are in compliance with laws for selling tobacco
• Provide educational resources to tobacco retailers during decoy operations. These resources will be developed by the Public Health Department and will include information about state and local tobacco retail requirements
• Participate in quarterly Tobacco Prevention Task Force Meetings
• Prepare semi-annual reports, including invoicing for reimbursement
NOTE: Each partner agency established a unique set of objectives.
The City will be reimbursed a flat rate of $260 per store, per decoy operation up to $26,000 over the grant cycle. An additional $1,680 is built into the estimate for underage decoys as a stipend; details on who is eligible for a stipend and how this will be paid is still being determined. The total reimbursable amount to the City is $27,680, based on the estimated number of operations the Police Department would be able to complete.
Collectively, enforcement agencies contracted to partner with PHD aim to conduct 480 tobacco compliance checks annually at the point of sale (tobacco retail locations). In total, there are an estimated 900 tobacco retailers located within these jurisdictions.
ENVIRONMENTAL REVIEW
This action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
FISCAL IMPACT
The Tobacco Grant funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016, approved by the voters as Proposition 56, provides funding to address tobacco related challenges in communities throughout the state. Partnering with the County of Santa Clara on this grant will allow the Police Department to participate in quarterly Tobacco Prevention Task Force meeting and conduct reimbursable compliance checks (decoy operations) on tobacco retailers to ensure that these retailers are in compliance with local, state and federal laws. The City of Santa Clara will be reimbursed up to $27,680 for this initiative. The budget amendment below recommends recognizing and appropriating the reimbursable amount.
Budget Amendment
FY 2023/24
|
|
Current |
Increase/ (Decrease) |
Revised |
|
Police Operating Grant Trust Fund |
|
|
|
Revenue |
|
|
|
|
Grant Funding |
$471,493 |
$27,680 |
$499,173 |
|
|
|
|
|
|
Expenditure |
|
|
|
|
Tobacco Grant Program |
$0 |
$27,680 |
$27,680 |
COORDINATION
This report was coordinated between the Police Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
1. Authorize the City Manager and/or Finance Director to sign any and all documents
required to partner with the County of Santa Clara on a FY 2023/24 Tobacco Grant from
the California Department of Justice in final forms approved by the City Attorney; and
2. Approve a FY 2023/24 budget amendment in the Police Operating Grant Trust Fund
to recognize grant funding in the amount of $27,680 and establish grant appropriations
for the Tobacco Grant Program in the amount of $27,680 (five affirmative Council
votes required to appropriate additional revenue).
Staff
Reviewed by: Pat Nikolai, Chief of Police
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Tobacco Grant Program Memorandum of Understanding with PHD
2. PHD Memorandum to Board of Supervisors #24-4393 (Item No. 22, March 12, 2024)
3. County of Santa Clara Service Agreement, including Attachment A: Scope of Work and Performance Standards