REPORT TO COUNCIL
SUBJECT
Title
Action on Tobacco Law Enforcement Grant Program funding from the California Department of Justice and Related Budget Amendment
Report
BACKGROUND
In November, 2016, California voters approved Proposition 56, the California Healthcare, Research and Prevention Tobacco Act of 2016, which increased the excise tax for tobacco products by $2.00 starting April, 2017. This initiative allocated $30 million dollars in annual revenue to the California Department of Justice. These funds will support local law enforcement investigations intended to reduce the sale of tobacco products to minors.
Meanwhile, staff has been preparing an amendment to the current tobacco Ordinance, referred to in Chapter 8.35 Smoking and Tobacco Regulations in the Santa Clara City Code, to limit or ban smoking of cigars, cigarettes, e-cigarettes, and any other tobacco products in additional outdoor public spaces as well as private units and common areas of multi-family housing. The updated ordinance will be brought forward for City Council consideration later summer or fall.
DISCUSSION
The Police Department submitted two Tobacco Law Enforcement Grant Program applications to the California Department of Justice with proposals to accomplish the following:
• Attend California Department of Public Health trainings on tobacco regulations;
• Identify problematic retailers of tobacco products and implement penalty escalation for repeat offenders;
• Conduct tobacco-related enforcement near schools, in City parks, at transit centers and at public events;
• Utilize existing relationship with Neighborhood-University Relations Committee to bring tobacco education to Santa Clara University students;
• Conduct tobacco-related enforcement at Levi’s Stadium and California’s Great America Theme Park;
• Conduct Minor Decoy and Shoulder Tap operations involving purchasing and/or furnishing tobacco products to minors;
• Install signs regarding tobacco-related regulations (e.g. no smoking);
• Install air quality detection devices in school bathrooms;
• Utilize funding to purchase supplies to augment the D.A.R.E. program;
• Assign a Police Officer (School Resource Officer) to focus on tobacco issues;
• Conduct operations at youth-oriented events (e.g. homecoming, dances, etc.);
• Implement additional objectives as a result of possible future City Council action on smoking.
In May, 2018, the Police Department received notification that $120,025 has been awarded under Proposition 56 to curb-tobacco related challenges in our community. In June, 2018, the Police Department received a subsequent notification that it had been awarded an additional $321,485 for an expanded list of initiatives, totaling $441,510 in Department of Justice tobacco grant funding. The attached Budget Detail presents the allocation of the grant funds among various expenditure categories. The Department of Justice requires grant recipients to enter into a Memorandum of Understanding outlining the terms and conditions of the grant. The “Scope of Work” document referenced in the MOU is the same as the attached Budget Detail document.
The grant period is June 1, 2018 through June 30, 2020.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
Acceptance of the $441,510 grant award from the California Department of Justice, and corresponding appropriation of grant funds, will allow the Police Department to enhance the enforcement of tobacco-related issues and therefore improve the health, safety and quality of life for our residents. It is recommended to appropriate $227,175 for FY 2018/19 and the remaining grant funds will be included in the FY 2019/20 Proposed Operating Budget. Matching funds are not required for this grant award.
The Police Department will be responsible to fulfill standard grant requirements, such as monthly invoicing and reporting statistics. An administrative fee of up to 5% can be charged to the grant for these purposes.
BUDGET AMENDMENT
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2018-19 Current |
Increase/ (Decrease) |
2018-19 Revised |
2019-20 |
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Fund 177 - Police Operating Grant Fund |
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Revenues |
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Grant Funding (55580-(G)-TTA16) |
$0 |
$227,175 |
$227,175 |
$214,335 |
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Expenditures |
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Program 7752 (Police Grants - Patrol) |
$0 |
$227,175 |
$227,175 |
$214,335 |
COORDINATION
This report has been coordinated with the Finance 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 to execute a Memorandum of Understanding with the California Department of Justice, substantially similar to the attached form; and
2. Approve a budget amendment in the amount of $227,175 to the Police Grants - Patrol Program (7752).
Staff
Reviewed by: Michael J. Sellers, Chief of Police
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Memorandum of Understanding with the California Department of Justice
2. The Santa Clara Police Department Tobacco Law Enforcement Grant Budget Detail (referenced as both the “Scope of Work” and “Approved Budget” in the MOU)