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July 25, 2023
ITEM TITLE
Grant Award and Agreements: Accept a Grant and Approve an Agreement with the California Board of State and Community Corrections, Approve Agreements with SBCS Corporation and SANDAG for the Public Health and Safety Grant Program, and Appropriate Funds
Report Number: 23-0178
Location: No specific geographic location
Department: Police
Environmental Notice : The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
Recommended Action
Adopt resolutions: (A) Accepting $2,708,250 in grant funds from the California Board of State and Community Corrections for the Proposition 64 Public Health and Safety Grant Program and appropriat ing $622,877 to the Fiscal Year 2023-24 Police Grants Section of the State Grants Fund; (4/5 Vote Required) (B) Approving Agreement Number BSCC 945 -22 with the Board of State Community Corrections for the Proposition 64 Public Health and Safety Grant Program; and (C) Approving agreements with SBCS Corporation and SANDAG for the Proposition 64 Public Health and Safety Grant Program.
SUMMARY
On April 19, 2023 the Police Department received notice of a $2,708,250 award of the California Board of State and Community Corrections (“ BSCC”) Proposition 64 Public Health and Safety Cohort 3 grant. The award has been granted to continue the robust program f unded by the Cohort 2 grant. In partnership with the City’s code enforcement team, South Bay Community Services (SBCS) and San Diego Association of Governments (SANDAG), the Police Department will monitor licensed/legal cannabis dispensaries, identify and mitigate illegal dispensaries, continue its youth, parent and community education program, and enhance its youth diversion program for the City. Staff requests that the City Council accept $2,708,250 in grant funds from the California Board of State and Community Corrections for the Proposition 64 Public Health and Safety Grant Program and appropriate $622,877 to the Fiscal Year 2023-24 Police Grants section of the State Grants Fund; this appropriation is fully offset by grant revenues.
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ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
In May 2021, the Police Department received Proposition 64 Public Health and Safety (Prop 64 PH&S) Grant Program funding in the amount of $1,000,000 (over a three-year project period) to address local impacts due to the legalization of adult-use recreational cannabis in California. The Prop 64 PH&S grant is funded through the California State and Local Government Law Enforcement Account and administered by the BSCC. In December 2022, the Police Department applied for another round of Prop 64 PH&S funding and received notice of $2,708,250 funding to cover a five-year period.
This award will provide funding to address impacts in Chula Vista surrounding monitoring of licensed/legal cannabis dispensaries, identification and removal of illegal dispensaries, and implementation of programs aimed at youth prevention and education, parent and community education, and preventing sales to minors by either legal or illegal cannabis dispensaries. Funding has been granted for salaries and benefits of a police officer (assigned to the Special Investigations Unit of the Police Department) to oversee the program and grant, review license applications and serve as a liaison with the community. Additionally, overtime is funded for police personnel to assist in conducting inspections of facilities and decoy operations . Grant funding has also been allocated for vehicle trackers, button cameras, investigation laptops, body armor , covert investigation vehicle upgrades, a new detective vehicle, covert vehicle cameras and officer training.
Furthermore, contractual services with SBCS for youth development, prevention and intervention services, and with SANDAG to perform grant program evaluation are included in the grant funds.
Four goals have been identified in Chula Vista’s Prop 64 PH&S grant funding:
1) Decrease the use of marijuana among at-risk youth.
2) Increase parents’ and other community members’ knowledge of the risks of marijuana use and dangers associated with illegal recreational dispensaries. 3) Ensure licensed/legal dispensaries comply with local laws and regulations. 4) Reduce the number of illegal commercial cannabis entities operating in the City of Chula Vista.
The Prop 64 PH&S award covers the 5-year project period of May 1, 2023 to April 30, 2028. When the project activity period ends on April 30, 2028, the 6-month period of May 1, 2028 to October 31, 2028 is for completion of Final Local Evaluation Report (conducted by SANDAG).
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DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Approval of Resolution A accepts $2,708,250 in grant funds from the Board of State and Community Corrections for the Proposition 64 Public Health and Safety Grant Program. As outlined in the chart below, there is an appropriation of $622,877 to the fiscal year 2023-24 budget for year 1 of the 5-year grant period.
CATEGORY FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 5-YEAR TOTAL Officer Salaries and Benefits $32,458 $180,741 $189,778 $199,267 $176,771 $779,015 Overtime $101,093 $78,825 $78,825 $78,825 $78,825 $416,393 Diversion/Intervention (SBCS) $84,835 $171,356 $175,468 $182,624 $190,019 $804,302 Program Evaluation (SANDAG) $87,135 $37,755 $37,755 $37,755 $37,755 $6,845 $245,000 Travel & Training $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 Update/Repair Covert Inv. Vehicle $85,000 $85,000 Level 3 Body Armor $50,000 $50,000
Vehicle Trackers, Cameras, Laptops $67,000 $67,000 Detective Vehicle $50,000 $50,000
Covert Vehicle Cameras $42,000 $42,000
Indirect Costs $13,356 $25,956 $26,860 $27,809 $25,559 $119,540 TOTAL BSCC FUNDING $622,877 $504,633 $518,686 $536,280 $518,929 $6,845 $2,708,250
Fiscal Impact - Officer Salaries and
Benefits after 4/30/2028 $32,458 $209,229
Specifically, there is a current -year appropriation of $133,551 to the personnel category, $383,970 to the supplies and services category, $13,356 to the other category and $92,000 to the capital category of the FY 2023-24 Police Grants section of the State Grants Fund. The funding from the BSCC will completely offset these costs, resulting in no net fiscal impact to the General Fund.
ONGOING FISCAL IMPACT
Because the grant period covers multiple fiscal years, subsequent budgets will include allocations as outlined in the chart above.
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Personnel costs for the Peace Officer beyond the grant period (ending 4/30/2028) are contingent upon additional grant funding or available City funds. To retain this Officer position, the estimated fiscal impact is $32,458 in FY 2027-28, and $209,229 in FY 2028-29.
ATTACHMENTS
1. Agreement with BSCC for Proposition 64 Public Health & Safety Grant Program Cohort 3
2. Agreement with SBCS Corporation
3. Agreement with San Diego Association of Governments (SANDAG) Staff Contact: Jonathan Alegre, Police Department
Police Chief, Roxana Kennedy