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HomeMy WebLinkAbout4.2 Acceptance of California Department of Justice Tobacco Grant Program (2)STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.2 DATE:April 20, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Acceptance of California Department of Justice Tobacco Grant Program Prepared by: Nate Schmidt, Captain Dublin Police Services EXECUTIVE SUMMARY: The City Council will consider entering into a Memorandum of Understanding with the California Department of Justice to accept the Tobacco Grant Program for Dublin Police Services. This grant will support the salary of one additional School Resource Officer for three fiscal years to assist in the increased enforcement of tobacco-related state laws and local ordinances. The grant will also support increased enforcement operations related to the illegal sales and marketing of tobacco, including e-cigarettes to minors. STAFF RECOMMENDATION: Adopt the Resolution Authorizing the City Manager to Enter into a Memorandum of Understanding Accepting the Grant Award from the California Department of Justice Under the California Healthcare, Research and Prevention Tax Act of 2016. FINANCIAL IMPACT: Grant funds are detailed in the table below. The eligible expenses include the salary of one additional School Resource Officer for Fiscal Years 2021-22, 2022-23, and 2023-24. Other eligible expenses include enforcement operation overtime costs and the purchase of a computer to track grant activities. There is no matching fund requirement for this grant. Grant Award Amount Category of Expenditure Budget FY 2021-2022 Budget FY 2022-2023 Budget FY 2023-2024 Personnel $276,590 $290,268 $304,781 Operating Expenses and Equipment $3,000 $0 $0 TOTAL AWARD AMOUNT $874,639 17 Page 2 of 3 DESCRIPTION: Staff conducted research on underage tobacco use in the City of Dublin and found that Dublin High School and the three middle schools have seen a sharp rise in tobacco usage and possession on campus. Several local tobacco retailers have been cited for selling tobacco to minors and on one occasion a retailer had their tobacco license revoked due to numerous violations. Staff also found an increase in complaints about students using tobacco and vape products in local parks, along the Iron Horse Trail, and behind Dublin High School. In response to this increase in underage tobacco use, on February 4, 2020, the City Council adopted an Ordinance Amending Chapter 4.40 to Title 4 of the Dublin Municipal Code prohibiting the sale of all flavored tobacco products as well as electronic smoking devices within the City of Dublin. Later in 2020, Staff submitted an application to the California Department of Justice seeking grant funds through Proposition 56 to supplement tobacco enforcement operations. Approved by California voters in 2016, Proposition 56 increased taxes on cigarettes and other tobacco products under the California Healthcare, Research and Prevention Tobacco Tax Act. The initiative allocates a portion of annual revenue to the California Department of Justice. As an example, $28.5 million was made available statewide in Fiscal Year 2020-21 to support local enforcement efforts to reduce the illegal sale of tobacco products to minors. On December 31, 2020, the California Department of Justice provided notification that the Dublin Police grant application for funds authorized under the Tax Act had been approved for funding in the amount of $874,639. The awarded grant funds will provide funding for the following increased tobacco-related enforcement activities for a three-year period, starting July 1, 2021: Salary and benefits for an additional School Resource Officer for Fiscal Years 2021-22, 2022-23 and 2023-24. This Officer will work on the school campuses and with surrounding business to provide enforcement and education as it relates to underage tobacco use. Quarterly enforcement operations at tobacco retailer businesses to ensure they are operating within state laws and local ordinances. Weekly proactive enforcement operations in problem areas where minors have historically engaged in tobacco use. Dublin Police Services Staff attendance at Department of Justice Tobacco Grant workshops to create educational programs which will be presented to both businesses and students. Weekly enforcement operations to identify alternative sources providing minors with tobacco products. One-time purchase of a computer to assist in tracking grant activities. The attached resolution allows the City to execute a Memorandum of Understanding with the California Department of Justice to accept the grant award. Dublin Police will submit quarterly invoices to the Department of Justice outlining the operational costs incurred in meeting the enforcement goals. 18 Page 3 of 3 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Authorizing the City Manager to Enter into a Memorandum of Understanding Accepting the Grant Award from the California Department of Justice Under the California Healthcare, Research and Prevention Tax Act of 2016. 2) Exhibit A to the Resolution - California Department of Justice Tobacco Grant Program Handbook, Budget Worksheet and Memorandum of Understanding. 19 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING ACCEPTING THE GRANT AWARD FROM THE CALIFORNIA DEPARTMENT OF JUSTICE UNDER THE CALIFORNIA HEALTHCARE, RESEARCH AND PREVENTION TAX ACT OF 2016 WHEREAS, Dublin Police Services Staff conducted extensive research of underage tobacco use in the City of Dublin and found an increase in tobacco use and possession in the high school and local middle schools; and WHEREAS, on February 4, 2020, the City Council adopted an Ordinance Amending Chapter 4.40 to Title 4 of the Dublin Municipal Code prohibiting the sale of all flavored tobacco products as well as electronic smoking devices within the City of Dublin; and WHEREAS, in an effort to increase enforcement of underage tobacco use the Dublin Police submitted a grant application to the California Department of Justice; and WHEREAS, on December 31, 2020, the California Department of Justice awarded the Dublin Police, Tobacco Grant Program funds in the amount of $847,639 through the California Healthcare, research and Prevention Tax Act of 2016; and WHEREAS, the Tobacco Grant Program provides funding for the salary and benefits of an additional School Resource Officer for Fiscal Years 2021-22, 2022-23, and 2023-24; and WHEREAS, the Tobacco Grant Program also provides funding for personnel overtime costs for additional tobacco enforcement operations and for the one-time purchase of a computer to track grant activities; and WHEREAS, the Dublin Police will submit quarterly invoices to the California Department of Justice outlining the operational costs to meet the enforcement goals; and WHEREAS, the California Department of Justice agrees to reimburse the City of Dublin for the actual expenditures in performing the Scope of Work included in the approved Grant Application. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager to enter into a Memorandum of Understanding with the California Department of Justice accepting the Tobacco Grant Program funds and the Scope of Work included in the approved Grant Application; attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendments to the Memorandum of Understanding and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 20th day of April 2021, by the following vote: 20 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 21 Attachment 222 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47