CC 2021-04-27_08h Resolution_Acceptance of Tobacco Grant AwardMEMORANDUM
TO: CITY COUNCIL
FROM: MICHAEL T. MARTINEZ, CHIEF OF POLICE
BY: JASON CASTILLO, POLICE SERGEANT
SUBJECT: CONSIDERATION OF A RESOLUTION AUTHORIZING THE
ACCEPTANCE OF A TOBACCO GRANT AWARD FROM THE
CALIFORNIA DEPARTMENT OF JUSTICE AND EXECUTION OF A
RELATED GRANT AGREEMENT, AND APPROVE A BUDGET
ADJUSTMENT TO APPROPRIATE THE GRANT FUNDS FOR FISCAL
YEAR 2020-21
DATE: APRIL 27, 2021
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 2016 (Prop. 56) to support local efforts to reduce the illegal sale of tobacco products
in the City. A budget adjustment is also requested to authorize appropriation of the
grant funds to the Police Department budget for Fiscal Year 2020-21.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The total grant award is for $59,460 for the following fiscal years: $15,046 allocated to
2020-21, $29,730 allocated to 2021-22, and $14,684 allocated to 2022-23. Grant funds
will be used to pay for Police Department staff overtime to conduct specialized
operations. The costs of grant management will be absorbed into the regular duties of
the Police Department administration and Financial Services Division of the City. These
grant funds were not included in the City’s adopted Fiscal Year 2020-2021 Budget. As
a result, a budget adjustment is proposed to reflect this unanticipated revenue and
authorize appropriation of the funds.
RECOMMENDATION:
It is recommended the City Council: 1) 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; and 2) Approve an adjustment to the Police Department budget to
record the revenue and appropriate the tobacco grant funds for Fiscal Year 2020-21.
Item 8.h. - Page 1
CITY COUNCIL
CONSIDERATION OF A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A
TOBACCO GRANT AWARD FROM THE CALIFORNIA DEPARTMENT OF JUSTICE
AND EXECUTION OF A RELATED GRANT AGREEMENT, AND APPROVE A
BUDGET ADJUSTMENT TO APPROPRIATE THE GRANT FUNDS FOR FISCAL YEAR
2020-21
APRIL 27, 2021
PAGE 2
BACKGROUND:
In August of 2020, the Arroyo Grande 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 Fiscal Year
2020-2021 through Fiscal Year 2022-2023. On December 31, 2020, the Police
Department received notice from the DOJ that the City had been selected to receive a
three-year grant totaling $59,460 (Attachment 2).
ANALYSIS OF ISSUES:
Tobacco grant funds were awarded to selected law enforcement agencies 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 in and around City parks; 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 use of tobacco products in City Parks.
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 operations monthly. The
enforcement operations will include the following activities:
Conduct nine (three annually) shoulder tap and minor decoy operations.
Conduct unannounced inspections of businesses.
Conduct thirty-six (twelve annually) bike patrol enforcement operations in and
around City parks.
Provide nine (three annually) educational lessons to all tobacco retailers in the
City.
The School Resource Officer and other staff members will disseminate
educational information regarding the dangers of tobacco use.
Receive “roll call” training regarding various tobacco laws, enforcement, and
education for the public.
Item 8.h. - Page 2
CITY COUNCIL
CONSIDERATION OF A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A
TOBACCO GRANT AWARD FROM THE CALIFORNIA DEPARTMENT OF JUSTICE
AND EXECUTION OF A RELATED GRANT AGREEMENT, AND APPROVE A
BUDGET ADJUSTMENT TO APPROPRIATE THE GRANT FUNDS FOR FISCAL YEAR
2020-21
APRIL 27, 2021
PAGE 3
If approved by Council, the DOJ Tobacco Grant requires the signature of the Chief of
Police in order 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. As a
result of this arrangement, staff is requesting that Council approve an adjustment to the
Police Department budget to record the revenue and appropriate the tobacco grant
funds.
Through grant funding from the California DOJ, the Police Department will be more
successful in educating the public and curbing the problems associated with sale and
possession of tobacco products to minors. This will increase the awareness of the
dangers of consuming tobacco products.
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 and appropriate the funding for the activities;
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.
Item 8.h. - Page 3
CITY COUNCIL
CONSIDERATION OF A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A
TOBACCO GRANT AWARD FROM THE CALIFORNIA DEPARTMENT OF JUSTICE
AND EXECUTION OF A RELATED GRANT AGREEMENT, AND APPROVE A
BUDGET ADJUSTMENT TO APPROPRIATE THE GRANT FUNDS FOR FISCAL YEAR
2020-21
APRIL 27, 2021
PAGE 4
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
Item 8.h. - Page 4
RESOLUTION NO.______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE TO ACCEPT GRANT FUNDS IN THE
AMOUNT $59,460 FROM THE STATE OF CALIFORNIA
DEPARTMENT OF JUSTICE TOBACCO LAW
ENFORCEMENT GRANT PROGRAM AND AUTHORIZE
THE EXECUTION OF A GRANT AGREEMENT
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
$59,460 for a three-year program for the period covering January 1, 2021, through June
30, 2024; 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 27th day of April, 2021.
Attachment 1
Item 8.h. - Page 5
RESOLUTION NO.
PAGE 2
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
WHITNEY MCDONALD, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.h. - Page 6
EXHIBIT A
Item 8.h. - Page 7
Item 8.h. - Page 8
XAVIER BECERRA State of California
Attorney General DEPARTMENT OF JUSTICE
DIVISION OF OPERATIONS
TOBACCO GRANT PROGRAM
P.O. BOX 160187
SACRAMENTO, CA 95816-0187
Telephone: (916) 210-6422
E-Mail Address: TobaccoGrants@doj.ca.gov
December 31, 2020
Jason Castillo,
Sergeant
Arroyo Grande Police Dept.
200 N. Halcyon Road
Arroyo Grande, CA 93420
Re: Tobacco Grant Award Notification FY 20/21
Dear Jason Castillo:
Congratulations! On behalf of the California Department of Justice, I am excited to
inform you that your agency’s grant application for funds authorized under the California
Healthcare, Research and Prevention Tobacco Tax Act of 2016 has been approved for
Funding in the amount of $59,460¹.
The California Department of Justice was excited to receive applications totaling over
$82 million to support local law enforcement agencies in educating minors about the harms of
tobacco products, enforcing state and local tobacco laws, and conducting retailer enforcement.
Consequently, some awards were approved with modifications.
In order to accept the award, your agency must, within 15 calendar days of the date of
this letter, respond with a signed Letter of Intent (template attached) affirming either 1) your
agency will seek a resolution to accept the award, if your agency has a governing body; or 2) no
governing body exists and no resolution is required. The letter can be sent via email to
TobaccoGrants@doj.ca.gov with subject line “FY 20-21_Letter of Intent_[Agency Name]”
and/or hard copy to:
CA Department of Justice
Division of Operations
Tobacco Grant Program
P.O. Box 160187
Sacramento, CA 95816-0187
If the Letter of Intent is only being sent via hard copy, it must be postmarked within 15
days of the date of this letter. Upon receipt of the Letter of Intent, the Local Assistance Unit
¹Award amounts are subject to change due to appeals or declinations of awards.
Attachment 2
Item 8.h. - Page 9
December 31, 2020
Page 2
within the California Department of Justice will provide documents as part of your grant
agreement (Memorandum of Understanding, Handbook, etc.).
Also provided with the electronic version of this letter is the approved Budget Detail
which will reflect any necessary modifications. If you wish to realign the approved funds, please
reference the attached instruction sheet and return your revised Budget Detail with your letter of
intent.
If you have any questions about this process, please do not hesitate to contact me at
(916) 210-7006 or at TobaccoGrants@doj.ca.gov.
Sincerely,
STACY HEINSEN
Manager, Tobacco Grant Program
For XAVIER BECERRA
Attorney General
Item 8.h. - Page 10