CC 2024-04-09_09f Resolution Authorizing Acceptance of Tobacco GrantItem 9.f.
MEMORANDUM
TO: City Council
FROM: Michael Martinez, Chief of Police
BY: Jason Castillo, Administrative Sergeant
SUBJECT: Consideration of a Resolution Authorizing the Acceptance of a
Tobacco Grant Award
DATE: April 9, 2024
SUMMARY OF ACTION:
Approval of a Resolution (Attachment 1) authorizing the Chief of Police to execute an
agreement with the California Department of Justice (DOJ) for the receipt of grant funding
through the California Healthcare, Research and Prevention Tobacco Tax Act of 2 016
(Prop. 56) to support local efforts to reduce the illegal sale of tobacco products in the City.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The total grant award is for $153,826 for the following fiscal years: $51,2 76 allocated to
Fiscal Year (FY) 2024-25, $51,275 allocated to FY 2025-26, and $51,275 allocated to FY
2026-27. Grant funds will be used to pay for Police Department staff overtime to conduct
specialized operations shoulder tap and minor decoy. The costs of grant management
will be absorbed into the regular duties of the Police Department administration and
Administrative Services Department. These grant funds will be incorporated into the FY
2024-25 Mid Cycle Update and the future FY 2025-27 Biennial Budget.
RECOMMENDATION:
Adopt a Resolution authorizing the Chief of Police to execute an agreement with the
California Department of Justice for the receipt of grant funding through the California
Healthcare Research and Prevention Tobacco Tax Act of 2016 (Prop. 56) to support local
efforts to reduce the illegal sale of tobacco products in the City.
BACKGROUND:
In June 2023, the Police Department applied for a California DOJ Tobacco Grant Program
grant, which will provide funding for officers to conduct several specialized operations
during three consecutive fiscal years beginning in FY 2024-25 through FY 2026-27. On
October 11, 2023, the Police Department received notice from the DOJ that the City had
been selected to receive a three-year grant totaling $153,826 (Attachment 2).
Item 9.f.
City Council
Consideration of a Resolution Authorizing the Acceptance of a Tobacco Grant
Award
April 9, 2024
Page 2
ANALYSIS OF ISSUES:
Tobacco grant funds were awarded to selected law enforcement agenc ies throughout
California to expand their compliance and enforcement efforts on tobacco violations within
their jurisdictions. The focus of the grant program is to educate minors about the harms
of tobacco products, to enforce State and local tobacco laws, and to conduct retailer
enforcement operations. The Police Department proposes to utilize the tobacco grant
funds to conduct several educational lessons in local schools, to conduct tobacco use
enforcement operations such as shoulder taps, and to educate and conduct enforcement
operations with local tobacco-licensed establishments. These educational opportunities
and enforcement operations will help ensure minors are not using or possessing tobacco
products and that local retail establishments are in compliance with State and local laws.
In addition, the Police Department will enforce State and local laws that prohibit the sale
of tobacco products to underage persons.
The goals of the proposed program are to reduce minors’ access to tobacco products and
reduce tobacco violations during the three-year grant period. To achieve these goals, the
Police Department will conduct enforcement and educational operations monthly. The
operations will include the following activities:
• Minor decoy operations.
• Conduct unannounced inspections of businesses.
• Shoulder Tap operations, which involve an underage decoy soliciting the purchase
of tobacco products.
• Provide nine (three annually) educational lessons to all tobacco retailers in the
City.
• Disseminate educational information regarding the dangers of tobacco use.
• Receive “roll call” training regarding various tobacco laws, enforcement, and
education for the public.
If approved by the City Council, the DOJ Tobacco Grant requires the signature of the
Chief of Police to enter into a Memorandum of Understanding (MOU) for acceptance of
the funds. Grant funds must be utilized during each fiscal year and must not be used to
supplant previously approved expenditures of the General Fund. The City does not have
a matching funds requirement for this grant; however, the funds for the grant are paid
back to the City on a reimbursement basis. If accepted, the City will be reimbursed by the
State on a monthly basis for operational expenses related to this program. These grant
funds will be incorporated into the FY 2024-25 Mid Cycle Update and the future FY 2025-
27 Biennial Budget.
Through grant funding from the California DOJ, the Police Department will be more
successful in educating the public and curbing the problems associated with the sale and
possession of tobacco products to minors. This will increase awareness of the dangers
of consuming tobacco products.
Item 9.f.
City Council
Consideration of a Resolution Authorizing the Acceptance of a Tobacco Grant
Award
April 9, 2024
Page 3
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Resolution, authorizing the Chief of Police to execute the grant
document;
2. Do not adopt the Resolution;
3. Provide other direction to staff.
ADVANTAGES:
Accepting the California DOJ tobacco grant will have several advantages. It will fund
additional training for officers in the area of tobacco laws and enforcement. It will fund
overtime for officers to conduct specialized enforcement operations in the identified areas
of concern such as sales of tobacco to minors and businesses possessing or distributing
vape products. The grant funding will also support additional education efforts for youth
regarding the health implications of tobacco use.
DISADVANTAGES:
By not accepting the grant, the Police Department will not receive additional funding to
enhance its current training programs in the identified areas. This will limit the Police
Department’s additional enforcement programs, training, and enhanced public education
that can be accomplished with grant funding.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item , as this action is not a “project” per §
15378(b)(5) of the CEQA Guidelines because the action pertains to submittal and
approval of information regarding the City’s acceptance of the DOJ Tobacco Grant Award
and is therefore an organizational and administrative activity that will not result in direct
or indirect physical changes to the environment.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
ATTACHMENTS:
1. Proposed Resolution and Exhibit A – Tobacco Grant Memorandum of
Understanding
2. Tobacco Grant Award Notification
ATTACHMENT 1
RESOLUTION NO.______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING THE CHIEF OF
POLICE TO EXECUTE AN AGREEMENT WITH THE
CALIFORNIA DEPARTMENT OF JUSTICE FOR THE
RECEIPT OF GRANT FUNDING THROUGH THE
CALIFORNIA HEALTHCARE RESEARCH AND
PREVENTION TOBACCO TAX ACT OF 2016 (PROP. 56)
TO SUPPORT LOCAL EFFORTS TO REDUCE THE
ILLEGAL SALE OF TOBACCO PRODUCTS IN THE CITY
WHEREAS, the City of Arroyo Grande desires to participate in the Tobacco Law
Enforcement Grant program, which is made available through the California Healthcare,
Research and Prevention Tobacco Tax Act of 2016 (Prop.56) and administered by the
California Department of Justice to support local efforts to reduce the illegal sale of
tobacco products in the City; and
WHEREAS, the Arroyo Grande Police Department submitted a proposal to participate in
the grant program and the State of California Department of Justice awarded the City
$153,826 for a three-year program for the period covering November 1, 2023, through
June 30, 2027; and
WHEREAS, the grant funds will be used for salary expenditures related to educational
opportunities for children, tobacco enforcement operations, local retailer inspections and
training and the grant funds received from the Department of Justice shall not be used to
supplant expenditures of the General Fund approved by this body.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo Grande
does hereby authorize the Chief of Police of the City of Arroyo Grande to execute on
behalf of the City of Arroyo Grande the Memorandum of Understanding attached hereto
as Exhibit A and incorporated herein, including any extensions or minor amendments
thereof.
On motion of Council Member __________, seconded by Council Member ___________,
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was approved this 9th day of April, 2024.
1) Block the Resolution Title
2) Move the Right Indent in 1 inch
3) Move the Left Indent in 1 inch
RESOLUTION NO.
PAGE 2
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
ISSAC ROSEN, CITY ATTORNEY
Exhibit A
Tobacco Grant Program
Grant Services Branch -Local Assistance
Division of Operations
Arroyo Grande Police Department
MEMORANDUM OF UNDERSTANDING
PURPOSE
DOJ-PROP56-2023-24-1-001
This Memorandum of Understanding ("MOU") is entered into by the Department of Justice ("DOJ")
and the Arroyo Grande Police Department ("Grantee"), for the purpose of disbursing grant funds to
Grantee for reimbursement of expenditures in compliance with the California Code of Regulations and
the Fiscal Year 2023-24 Grantee Handbook.
Commencing January 1, 2023 , the California Code of Regulations, Title 11, Division 1, Chapter 5:
Department of Justice Tobacco Grant Program ("TGP Regulations") shall govern the policies and
procedures of the Tobacco Grant Program.
The TGP Regulations, Request for Proposals, Grantee Handbook (dated March 2023), and Summary of
Award document are hereby incorporated by reference into this MOU. Grantee will expend funds for
the purposes identified in the approved Summary of Award document. Reimbursements are to be
funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016, approved
by the voters as Proposition 56.
COST REIMBURSEMENT
DOJ agrees to reimburse Grantee in arrears, for Grantee's actual expenditures in performing the
project or scope of work included in the approved Summary of Award document. Reimbursements will
be made upon receipt of invoices from Grantee and approval of the invoices by DOJ, in accordance
with the reimbursement procedures set forth in the TGP Regulations and Grantee Handbook.
BUDGET CONTINGENCY CLAUSE
It is mutually agreed, if the Budget Act of the current fiscal year and/or any subsequent years covered
under the MOU does not appropriate sufficient funds, the MOU shall be of no further force and effect.
In the event this situation occurs, DOJ shall have no liability to reimburse/pay any funds to Grantee, or
to furnish any other considerations under this MOU . As well, Grantee shall not be obligated to
continue performing the provisions of this MOU, for which the Grantee would have been reimbursed .
If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, DOJ
shall have the option to either cancel this MOU with no liability occurring to DOJ, or offer an
addendum to the Grantee to reflect the reduced amount.
Page 1 of 3
Arroyo Grande Police Department DOJ-PROPSG-2023-24-1-001
PROJECT BREACH-TERMINATION
Failure of a Grantee to comply with this MOU or the TGP Regulations shall be treated by DOJ as a
breach of contract. If an act of noncompliance occurs, DOJ may take actions described within the TGP
Regulations, including termination. DOJ may terminate this MOU and be relieved of any obligation to
disburse grant funds to Grantee should Grantee fail to perform the scope of work at the time and in
the manner provided in this MOU .
MISCELLANEOUS PROVISIONS
Addendum -No addendum or variation of the terms of this MOU is valid unless made in writing, and
signed by the duly authorized representatives of the parties .
Assignment -This MOU is not assignable by Grantee in whole or in part.
Indemnification -Grantee agrees to indemnify and hold harmless DOJ, its officers, agents and
employees from all claims, liabilities, or losses in connection with the performance of this MOU.
Certifications -Grantee certifies that it does not receive funding from a manufacturer, distributor, or
advertiser of Cigarettes or Tobacco Products. Grantee further certifies that grant funds will not
supplant existing state or local funds dedicated for the same purpose.
TERMS
Grant Duration: 11/1/2023 -6/30/2027
Award Amount
Budget Budget Budget Budget
Category of Expenditure FY 2023-2024 FY 2024-2025 FY 2025-2026 FY 2026-2027
Personal Services $ $51,026 $51,025 $51,025
Operating Expenses and $ $250 $250 Equipment
Administrative Costs (Not to $ $0 $0 Exceed 5%)
TOTAL AWARD AMOUNT $153,826
The time limit for reimbursements against this award ends 6/30/2027. Requests for reimbursement
received after 7/15/2027 cannot be considered by DOJ.
GRANTEE CONTACT INFORMATION
Michael Martinez, Chief
Arroyo Grande Police Department
200 N. Halcyon Road
Arroyo Grande, CA 93420
510-215-3273
mmartinez@arroyogrande .org
Page 2 of 3
$250
$0
Arroyo Grande Police Department DOJ-PROP56-2023-24-1-001
AUTHORIZATION
DOJ and Grantee, by their duly authorized officials, have executed this MOU on the respective dates
indicated below. This MOU and any future addendums shall be e-mailed to
TobaccoGrants@doj.ca.gov, care ofthe Division of Operations, Grant Services Branch, Local Assistance
Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all
parties.
NAME: Date
Title: L)\ \f:,f tJ~'v'o\ tef:,,
Agency :
A.fl'i'--010 Erti!A (" 1) t
:f ft\501'1 ~ A~Llo '"3-\ '-l~cR o~q
NAME: Date
Title: ADY\'\IN 5E.R.b-e\\J.1
Agency:
A'R~o'<o b-R.Al-l\)E:1 Fbl.Ju~ 'Pm
NAME:
Title:
Agency:
JENNIFER IVERY JOHNSON, Grant Manager
Division of Ope rations
California Department of Justice
STACY HEINSEN, Administrative Manager
Division of Operations
Cal ifornia Department of Justice
CHRIS RYAN, Chief
Division of Operations
California Department of Justice
Date
Date
Date
Date
Page 3 of 3
State of California
Financial Information System for California (Fl$Cal)
GOVERNMENTAGENCYTAXPAYERIDFORM
2000 Evergreen Street, Suite 215
Sacramento , CA 95815
www.fiscal.ca .gov
1-855-34 7-2250
F/$Cal
Financial Information System for California
The principal purpose of the information provided is to establish the unique identification of the government entity.
Instructions: You may submit one form for the principal government age ncy and all subsidiaries sharing the same TIN . Subsidiaries with a
different TIN must submit a separate form. Fields bordered in red are required. Hover over fields to view help information. Please print the
form to sign prior to submittal. You may email the form to : vendors@fiscal.ca.gov, or fax it to (916) 576-5200, or mail it to the address above .
Principal
Government
Agency Name
Remit-To
Address (Street
or PO Box)
City
Government Type:
Fity of Arroyo Grande
poo E. Branch Street
~rroyo Grande
[Z] City
D Special District
D Other (Specify)
D County
D Federal
State ~F_A~ Zip Code+4 @3420
Federal
Employer
Identification
Number
(FEIN)
@5-6000668
List other subsidiary Departments , Divisions or Units under your principal agency's jurisdiction who share the same
FEIN and receives payment from the State of California .
Dept/Division/Unit
Name
Dept/Division/Unit
Name
Dept/Division /Unit
Name
Dept/Division /Unit
Name
Contact Person
Phone number
Signature
JMichael T. Martinez
@05-473-5111
Complete
Address
Complete
Address
Complete
Address
Complete
Address
Title Fhief of Police
JMMartinez@arroyogrande .org
Date p4!25/24
ATTACHMENT 2
CA LI FORNIA
DEPARTMENT OF JUSTICE
Michael Martinez, Chief
Arroyo Grande Police Department
200 N. Halcyon Road
Arroyo Grande, CA 93420
October 11, 2023
Rob Banta
Attorney General
DIVISION OF OPERATIONS
OFFICE OF THE CHIEF
GRANT SERVICES BRANCH
TOBACCO GRANT PROGRAM
P .0 . Bo x 160187
Sacramento, CA 95 816-0187
Telephone : (916) 210-6422
E-Mail Address: TobaccoGrantRFP@doj.ca.gov
Re: Tobacco Grant Award Notification Fiscal Year 2023-24 (RFP: DOJ-PROP56-2023-24-1)
Dear: Chief Martinez
Congratulations! On behalf of the California Department of Justice (DOJ}, Tobacco Grant
Program, I am pleased to inform you that your agency's grant application for the fiscal year
2023-24 grant cycle has been approved for grant funds authorized under the California
Healthcare, Research and Prevention Tobacco Tax Act of 2016. The total amount of your
agency's grant award is $153,826.
The Tobacco Grant Program's award process is highly competitive, and for the 2023-24
grant cycle, the Department received over $48 million in requests. As noted in the application
materials, grant funding prioritized support for local retailer enforcement and education
efforts, including enforcement of flavored tobacco bans. Consequently, some awards were
approved with modifications based upon funding priorities.
To accept the 2023-24 grant award, please complete and return the following by email
within 15 calendar days of the date of this letter:
1. Signed Letter of Intent (template attached}, affirming either:
a. Your agency will seek a reso l ution from the governing body to accept the
award (if your agency has a governing body); or
b. No governing body exists and no resolution is required.
2. Summary of Award (template attached)
Please email the signed Letter of Intent and Summary of Award as indicated above to
TobaccoG ran tRFP@doj .ca.gov with the subject line including the name of your agency: "FY 23-
24_Letter of lntent_Arroyo Grande Police Department." Upon receipt of this i nformation, the
Department will provide your agency with additional documents for execution/use (e.g.,
October 11, 2023
Page 2
Memorandum of Understanding, Grantee Handbook, etc.). These documents will contain more
information about the process for reimbursement and other important details. Activities for
reimbursement under this grant may commence November 1, 2023.
Should you have any questions regarding this letter or the required follow up
information, please email TobaccoGrantRFP@doj.ca.gov.
Attachments:
Letter of Intent
Summary of Award
Budget Detail
Sincerely,
Stacy
Heinsen
STACY HEINSEN
Digitally signed by Stacy
Heinsen
Date: 2023 .10.11
12:22:37 -07'00'
Manager, Tobacco Grant Program
For ROB BONTA
Attorney General