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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