FOR THE COUNCIL MEETING OF JANUARY 17, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Director of Recreation and Parks
SUBJECT: DEPARTMENT OF JUSTICE TOBACCO GRANT PROGRAM FUNDING AWARD
RECOMMENDATION:
That the City Council adopt a Resolution approving the acceptance of grant funds from the California Department of Justice Tobacco Grant Program and authorizing an allocation of one full-time Park Services. Officer II position for a limited -term ending on June 30, 2026, in the General Fund.
BACKGROUND:
On November 19, 2019, City Council approved Ordinance No. 2019-11 implementing the licensing of tobacco retailers and prohibiting the sale of flavored tobacco products in the City. The purpose of the Ordinance is to ensure compliance with business standards and practices, to encourage responsible tobacco retailing, and to discourage violations of tobacco -related laws, especially those which prohibit the sale or distribution of tobacco and nicotine products to youth. After the Tobacco Retailers Ordinance was adopted, City staff worked in collaboration with Santa Barbara County Public Health Department (SBCPH) to implement retailer post -policy education. Materials were translated into Spanish and were made available before the Ordinance took effect. Retailers were given instructions on how to apply for a local tobacco license. The City currently has 86 retailers with State tobacco retail licenses, only 10 of these retailers have secured a City Tobacco Retailers License, leaving the vast majority of retailers in violation of the City Ordinance.
DISCUSSION:
The California Department of Justice (DOJ) Tobacco Grant Program provides annual funding to local agencies throughout California to provide tobacco education and enforcement activities for Fiscal Year 2022-2023, a total of $22 million in grant funding was available using proceeds from Proposition 56. Grantees may use funds to enforce a local ordinance or state laws related to the illegal sales and marketing of tobacco products, including electronic cigarettes, to the community's youth. These enforcement efforts may include retailer compliance checks and license inspections.
On August 12, 2022, the Recreation and Parks Department applied for a grant to fund the additional expense to increasing the City's Tobacco Retailers License enforcement operations using a limited -term Park Services Officer II position as part of the City Ranger Program. On November 21, 2022, staff received notice from the DOJ that the City's grant
request had been recommended for $441,460 in funding, pending City Council approval, to cover increased enforcement and educational efforts over the next three fiscal years.
Expected measurable outcomes from this funding include an increase in compliance with the City's Tobacco Retailers License requirement, and a verifiable reduction in tobacco sales to youth using "decoy buyers."
As part of the City's efforts to support youth development, it seems appropriate for the Recreation and Parks Department to undertake this important prevention program under the auspice of the Mayor's Task Force on Youth Safety, in partnership with the County Smoking Cessation Program, and the City's non-profit partners to discourage youth from beginning tobacco and electronic -cigarette device use and protect the public from the harmful effects of secondhand smoke.
Fiscal Considerations:
The City was awarded $441,460 over three years ending on June 30, 2026. This is a reimbursement grant program using General Fund dollars as the initial funding source for this initiative. Requests for reimbursement of expenses will be coordinated between Recreation and Parks and. Finance Departments, then submitted to the DOJ.Reimbursements received will be deposited in the General Fund. There may be an opportunity to re -apply for additional funding at the end of the three-year grant program.
Alternatives:
Not accepting the grant funding would leave the burden of enforcement and education of the City Tobacco Ordinance to the Police Department whose tasks have been difficult to perform given current personnel levels.
Impact to the Community:
Acceptance of this grant will provide funding for increased monitoring of local tobacco retailers to e ure compliance with state and local laws, provide retailers with education on applic a la s, and reduce the availability of tobacco products to youth.
AL ER POSADA
Direc of Recreation and Parks
2 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,
CALIFORNIA, APPROVING THE ACCEPTANCE OF GRANT FUNDS FROM THE
CALIFORNIA DEPARTMENT OF JUSTICE TOBACCO GRANT PROGRAM AND
AUTHORIZING AN ALLOCATION OF ONE FULL-TIME PARK SERVICES OFFICER II POSITION FOR A LIMITED -TERM ENDING ON JUNE 30, 2026,IN THE GENERAL FUND
WHEREAS, the Tobacco Grant Program, administered by the Office of the Attorney General, California Department of Justice (DOJ, invited agencies to submit applications to compete for approximately $22 million in funding for law enforcement to provide education on and enforcement of state laws and local ordinances relating to illegal sales of tobacco products to youth; and
WHEREAS, the Recreation and Parks Department submitted a grant application to fund a Park Services Officer 11 position to focus on preventing youth access to tobacco products and to help bring local vendors into compliance with the City's Tobacco Retailers Ordinance; and
WHEREAS, on November 11, 2022, the DOJ notified the City of its intent to award a $441,460 grant from the Tobacco Grant Program following the City's successful grant submittal; and
WHEREAS, the Recreation and Parks Department Park Services Officers will meet the goals of the grant through retailer education, compliance checks, retail licensing training, public outreach, and tobacco retail license inspections using enforcement measures when necessary.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
1. Approves the acceptance of a $441,460 grant award from the DOJ Tobacco Grant Program.
2. Acknowledges that the City has sufficient funds to meet the stated goals of the grant.
3: Agrees to be bound by all terms and conditions of the grant agreement and any other agreement or instrument as may be required by DOJ to fulfill the terms of the grant agreement and to complete the program.
4. Authorizes the City Manager, or designee, to act on behalf of the City to negotiate and execute all current and future agreements and instruments necessary to complete the program and to comply with DOJ grant requirements. 1 5. Authorizes a General Fund appropriation adjustment to the Recreation and Park Department's current FY 2022-23 budget, and to fully fund in subsequent years a one full-time, limited -term, Park Services Officer II and associated costs, ending June 30, 2026, in an amount not to exceed $441,460.
6. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 17th day of January 2023.
ATTEST:
Chief Deputy City Clerk
Mayor
APPROVED AS -T3 F
2