CITY OF SEBASTOPOL CITY COUNCIL
AGENDA ITEM REPORT FOR MEETING OF: February 3, 2026
=========================================================================================== To: Honorable Mayor and City Councilmembers
From: Sean McDonagh, Chief of Police
Responsible Department: Police
Subject: Acceptance of California Department of Justice Tobacco Grant Award =========================================================================================== RECOMMENDATIONS:
That the City Council accept the awarding of a grant from the California Department of Justice, Tobacco Grant Program in the amount of $31,704.
EXECUTIVE SUMMARY:
This item requests Council accept the grant in the amount of $31,704 from the California Department of Justice, Tobacco Grant Program, to recover operational costs for conducting compliance inspections and sting operations conducted by the Sebastopol Police Department.
BACKGROUND
The Sebastopol Police Department applied for and was tentatively awarded a Tobacco Grant from the State of California, Department of Justice. Final awarding for the grant is pending the passage of a resolution from the City of Sebastopol City Council. The resolution formalizes the acceptance of the grant funds as well as agreement to comply with the terms and conditions of the grant, which is a requirement from the Department of Justice.
The Office of the Attorney General established the California Department of Justice Tobacco Grant Program in 2017 to provide annual funds to local enforcement agencies throughout California. This grant cycle the Tobacco Grant Program will make available a total of $28.5 million in grant funding to promote a healthier California by reducing illegal sales and marketing of cigarettes and tobacco products, including e-cigarettes, to minors. The grant monies will be utilized to recover the operational costs for compliance inspections and sting operations conducted by the Sebastopol Police Department in addition to community outreach.
DISCUSSION:
The passage of the City of Sebastopol Tobacco Retail Ordinance requires tobacco retailers within the city to obtain and pay fees for an annual license to conduct retail sales operations of tobacco products within the City of Sebastopol. Additionally, the ordinance limits a variety of aspects of tobacco retail sales including but not exclusively limited to: types of products which can be sold and package size, prohibitions of promotional items, pricing and pricing displays and prohibitions on vaping products, electronic cigarettes and flavored tobaccos. The ordinance also contains provisions requiring the city to conduct at least one annual compliance check on each retailer, as well as a requirement to conduct one compliance check annually utilizing persons between the age of 18-20 who attempt to purchase tobacco products from retailers. The ordinance prohibits the sales of tobacco products to persons under the age of 21 and requires retailers to verify the age of any prospective purchasers under the age of 27.
As it stands today, the responsibility of compliance checks and monitoring falls under the purview of the Sebastopol Police Department. These operations come at a cost and due to staffing limitations and workloads, generally must be conducted on an overtime basis utilizing enough personnel to ensure the safety of youthful operatives who will be assisting in compliance checks during underage sales operations.
Agenda Item Number: 6
Agenda Item Number: 6
City Council Meeting Packet for Meeting of: September 2nd
In order to offset costs incurred by the City of Sebastopol, a grant proposal covering the salary and benefits costs based upon current overtime rates was submitted to the Department of Justice to fund compliance checks and operations. Additionally, funding was requested for the Sebastopol Police Department to provide education to tobacco retailers within the city, through providing copies of the Sebastopol city tobacco retail ordinance and inperson contacts.
After reviewing our grant proposal during a very competitive process, the Department of Justice notified the Sebastopol Police Department that we have been selected to receive all the grant funding we requested, allowing us to achieve all the goals we listed in the proposal, staffing permitting.
The grant period runs from November 21, 2025, until June 30, 2029. All management and reporting requirements for the grant will be conducted by the Sebastopol Police Department.
STAFF ANALYSIS:
Acceptance of this grant will provide valuable financial resources which will allow the Sebastopol Police Department to monitor and inspect tobacco retailers within the city in accordance with the Sebastopol city tobacco retail ordinance.
CITY COUNCIL GOALS/PRIORITIES/ AND OR GENERAL PLAN CONSISTENCY:
This agenda item represents the City Council goals/priorities as follows:
Goal 2: PUBLIC SAFETY
Strengthen the public’s safety and improve the quality of life. Includes supporting our first responders (police, fire, public works), responding to emergencies, protecting people, property, and businesses, and engaging in emergency preparedness community outreach, public education and prevention activities.
This agenda item represents the City Council General Plan Consistency (if applicable):
FISCAL IMPACT:
Grant funds are disbursed by DOJ by reimbursement upon receipt of quarterly invoices for approved grant-related activities conducted by the Sebastopol Police Department . It is anticipated that grant funds will offset and cover all operational costs, which will primarily occur on an overtime pay basis, as previously noted incurred as a result of conducting compliance checks with tobacco retailers. Non-acceptance of the grant would then shift the full fiscal responsibility of compliance checks onto the City of Sebastopol thus impacting general fund monies.
COMMUNITY OUTREACH:
This item has been noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to schedule meeting date. The City has also used social media to promote and advertise the City Council Meeting Agenda Items.
As of the writing of this agenda item report, the city has received numerous complaints related to Elderberry Commons which have been included in the statistics above. Staff anticipates additional public comments upon the posting of this agenda report. If staff receives public comment from interested parties following the publication and distribution of this agenda item report, such comments will be provided to the City Council as supplemental materials before or at the meeting and will be posted to the city website.
RESTATED RECOMMENDATION(S):
That the City Council accept the awarding of a grant from the California Department of Justice, Tobacco Grant Program in the amount of $31,704.
Agenda Item Number: 6
Agenda Item Number: 6
City Council Meeting Packet for Meeting of: September 2nd
OPTIONS:
1. Accept the awarding of a grant from the California Department of Justice, Tobacco Grant Program in the amount of $31,704.
2. Deny the award and shifting costs for city tobacco ordinance required compliance checks and operations to the general fund.
ATTACHMENTS:
• Resolution
• MOU with DOJ
• Tobacco Grant Letter Program Letter of Intent
• Tobacco Grant Fact Sheet
APPROVALS:
Department Head Responsible for Agenda Item: Approval Date: 1/22/26 CEQA Determination (Community Development/Planning): Approval Date: N/A This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guidelines.
Administrative Services (Financial): Approval Date: 1/26/26 ______ Costs authorized in City Approved Budget: ☐ Yes ☐ No ☒ N/A Account Code (f applicable) Income and Expenses will be recorded in Grant Fund 126 City Attorney Approval Alex Mog Approval Date:
Acting City Manager Approval: Mary Gourley Approval Date:
Agenda Item Number: 6
Agenda Item Number: 6
City Council Meeting Packet for Meeting of: September 2nd
CITY OF SEBASTOPOL
RESOLUTION NO. XXXX-2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTOPOL TO FORMALIZE THE ACCEPTANCE OF THE AWARDING AND FUNDING OF $31,704 FROM THE TOBACCO PROGRAM GRANT FROM THE CALIFORNIA DEPARTMENT OF JUSTICE, ATTORNEY GENERAL’S OFFICE WHEREAS, a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the City to protect the health, safety, and welfare of our residents; user and regulatory fees and regulations regarding the sales of tobacco products has been established by the City Council; and
WHEREAS, approximately 480,000 people die in the United States from smoking-related diseases and exposure to secondhand smoke every year, making tobacco use the nation’s leading cause of preventable death; and
WHEREAS, 5.6 million of today’s Americans who are younger than 18 are projected to die prematurely from a smoking-related illness; and
WHEREAS, despite the State’s efforts to limit youth access to tobacco, youth are still able to access tobacco products; and
WHEREAS, the State of California, Department of Justice, Attorney General’s Office, has made available, grants funds to assist law enforcement, and other various entities with efforts to curb the use of tobacco with an emphasis on curbing underage tobacco use through: retail inspections, law enforcement operations on retail locations, providing education and community outreach, and working in conjunction with community partners; and
WHEREAS, The City of Sebastopol enacted a Tobacco Retail Licensing Ordinance, Chapter 8.06 of the City of Sebastopol Municipal Code; and
WHEREAS, The City of Sebastopol Municipal Code Tobacco Retail Licensing Ordinance requiring tobacco retailers to obtain a tobacco retailer license does not unduly burden legitimate business activities of retailers who sell tobacco products to adults but will, however, allow the City to regulate the operation of lawful businesses to discourage violations of Federal, State, and local tobacco control and youth tobacco access laws, and
WHEREAS, Section 8.06.150 of the City of Sebastopol Municipal Code contains provision that the City shall monitor compliance with Chapter 8.06, that all licensed premises must be open to inspection by City staff or designated persons during regular business hours, and the City shall inspect each tobacco retailer at least one time per 12-month period to ensure compliance with this chapter, and the City will conduct at least one compliance check per 12-month period that involves the participation of persons between the ages of 18 and 20 to enter licensed premises to attempt to purchase tobacco products. (Ord. 1131, 2020); and
WHEREAS, the Sebastopol Police Department is responsible for conducting inspections and operations involving youthful looking potential purchasers as required by Chapter 8.06 of the City of Agenda Item Number: 6
Agenda Item Number: 6
City Council Meeting Packet for Meeting of: September 2nd
Sebastopol Municipal Code, and these operations incur costs to conduct and manage; and WHEREAS, the Sebastopol Police Department has applied for and has been selected to receive a $31,704 award of Tobacco Grant funding over the course of three years from the State of California, Department of Justice, pending the passage of a resolution of acceptance, and agreement to abide by the requirements and provisions of the grant; and
WHEREAS, the acceptance of these grant monies is expected to offset any expected costs to be incurred by the City of Sebastopol Police Department while conducting compliance checks and enforcement operations as required by Chapter 8.06 of the City of Sebastopol Municipal Code; and WHEREAS, the City Council recognizes the acceptance of this grant award will likely yield positive benefits which will likely enhance the health and safety of our community, particularly for our youth; and WHEREAS, the City Council recognizes the acceptance of this grant funding for the purpose of offsetting the costs incurred for compliance monitoring by the city as set forth in the Tobacco Retail Licensing Ordinance, not only helps to positively impact the licensing fee structure by potentially stabilizing the fee structure in the foreseeable future, but also falls within the interests of fairness to both the payers of licensing fees and the general public, and therefore the City desires to better recover the costs of providing these services; and
WHEREAS, this action is found to be in compliance with the requirements of California Government Code § 66016 and 66018; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sebastopol:
1. Each WHERAS paragraph, set forth above, is hereby adopted as a specific finding of this City Council.
2. The City Council hereby agrees to accept the grant award of $31,704 from the State of California, Department of Justice, Attorney General’s Officer Tobacco Grant Award
3. The City Council also agrees to abide by all provisions and reporting requirements as outlined in the attached Exhibit A – Tobacco Grant Fact Sheet, Exhibit B – Letter of Intent to Accept the Tobacco Grant Award, and Exhibit C – Tobacco Grant Program MOU incorporated by this reference or otherwise required by the State of California, Department of Justice, Tobacco Grant Program.
IN COUNCIL DULY PASSED, APPROVED AND ADOPTED this day of February 3, 2026.
VOTE:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: _______________________________________
Agenda Item Number: 6
Agenda Item Number: 6
City Council Meeting Packet for Meeting of: September 2nd
Mayor Jill McLewis
ATTEST: _______________________________________________________________ Mary Gourley, Interim City Manager/City Clerk, MMC
APPROVED AS TO FORM: __________________________________________________ Alex Mog, City Attorney
Agenda Item Number: 6
Agenda Item Number: 6
City Council Meeting Packet for Meeting of: September 2nd
Agenda Item Number: 6
Agenda Item Number: 6
City Council Meeting Packet for Meeting of: September 2nd
Agenda Item Number: 6
Agenda Item Number: 6
City Council Meeting Packet for Meeting of: September 2nd
Agenda Item Number: 6
Agenda Item Number: 6
City Council Meeting Packet for Meeting of: September 2nd
Agenda Item Number: 6
Agenda Item Number: 6
City Council Meeting Packet for Meeting of: September 2nd
Agenda Item Number: 6
Agenda Item Number: 6
City Council Meeting Packet for Meeting of: September 2nd
TOBACCO GRANT PROGRAM
The California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Proposition 56) funding helps promote a healthier California by reducing illegal retail sales and marketing of cigarettes and tobacco products, including e-cigarettes, to minors. The Office of the Attorney General makes these annual funds available to local law enforcement agencies through the California Department of Justice (DOJ) Tobacco Grant Program.
GRANT OPPORTUNITY
This grant solicitation is referred to by the following reference number: DOJ-PROP56-2025-26-1
ELIGIBILITY CRITERIA
Any local public agency within the State of California that has authority to enforce tobacco-related state laws or local ordinances related to retail tobacco sales and marketing is eligible to apply. This may include police and sheriffs’ departments, district and city attorneys and county counsels, public health departments, cities, counties, and public school/college districts.
Grantees may use grant funds for activities including, but not limited to:
• Enforcement of flavor ban laws/ordinances
• Retailer compliance and licensing checks
• Consumer protection investigation and enforcement actions • Illegal online sales and marketing, including use of door-to-door delivery services • Development of task forces (regional working groups) for enforcement operations • Retailer training and diversion programs
FUNDING DETAILS
TOTAL FUNDING AVAILABLE
An estimated $28.5 million in funding is available for fiscal year 2025/26 to support local enforcement efforts to reduce illegal retail sales and marketing of tobacco products to minors and youth.
Funding comes from increased taxes on cigarettes and other tobacco products by $2.00 starting in April 2017. These increased state-level taxes were passed following voter approved Proposition 56 in 2016 that allocates a portion of annual revenue to DOJ.
FUNDING AMOUNTS
Funding amounts will be evaluated based on the submitted grant proposal.
Agenda Item Number: 6
Agenda Item Number: 6
City Council Meeting Packet for Meeting of: September 2nd
FUNDING TYPE
The Tobacco Grant Program is a reimbursement grant. DOJ will reimburse selected public agencies, in arrears, for approved expenditures upon receipt of invoices, quarterly progress reports, and other required enforcement data.
PROJECT PERIOD
Selected public agencies will be funded for 24 or 36 months. Projects are expected to begin on or about November 1, 2025 and must terminate on or before June 30, 2029.
REQUIREMENTS
In addition to full requirements of the RFP materials, the following are required for selected agencies:
• Resolution from the agency’s governing body authorizing acceptance of the grant funding • Agencies must not use awarded funds to supplant existing funds used for the same purpose • Agencies must not receive funding from a manufacturer, distributor, or advertiser of cigarettes or tobacco products
GRANT PROPOSAL
OPEN DATE AND DEADLINE FOR SUBMISSIONS
The grant opportunity will open for submissions on April 21, 2025.
Submissions must be received by 11:59 PM (Pacific) on June 20, 2025.
METHOD OF APPLICATION
Applicants must use DOJ’s web-based form and submit with all required attachments within the form.
PROPOSAL COMPONENTS
A grant application requires submission of the following major components:
• Completed proposal (online web form)
• Completed budget detail (MS Excel)
• Letter(s) of commitment (required if partnering or contracting with another agency to complete a portion of the grant objectives)
FUNDING PRIORITIES
DOJ’s Tobacco Grant Program application process is highly competitive. In accordance with Proposition 56, funds will be awarded to applicants demonstrating strong capacity to support and/or hire enforcement officers for activities specifically aimed at reducing the illegal retail sales and/or marketing of tobacco products to minors and youth.
Agenda Item Number: 6
Agenda Item Number: 6
City Council Meeting Packet for Meeting of: September 2nd
PRIORITY ACTIVITIES CONSIDERED
Priority activities include, but are not limited to:
• Enforcing state tobacco laws and local ordinances, including the statewide flavor ban (and similar local ordinances) through retailer inspections and enforcement operations (e.g. minor decoy, shoulder tap, undercover buys in stores and online) • Consumer protection enforcement (investigations and prosecution) • Compliance checks and inspections of tobacco retailers and online services that deliver tobacco products
• Task force coordination among local agencies
• Retailer education and diversion for retailers violating state tobacco laws • Education for enforcement officers regarding state tobacco laws and local ordinances
ACTIVITIES NOT CONSIDERED IN THIS FUNDING OPPORTUNITY
Activities that will NOT be considered within this funding opportunity include, but are not limited to:
• School and community-based enforcement of tobacco possession and use, including School Resource Officers and purchase/use of vape detectors
• School and community-based education (including media campaigns) • Other activities insufficiently related to reducing the illegal retail sales and/or marketing of tobacco products to minors and youth
MORE INFORMATION
PRE-APPLICATION WEBINAR
We highly encourage all applicants to register for the pre-application webinar to be held on April 30, 2025, 10:00-11:00 AM (Pacific) via Zoom. The webinar will be recorded and uploaded to the Tobacco Grant Program webpage.
PROGRAM INFORMATION
To learn more about this grant program and funding opportunity, sign up for the pre-application webinar, or start your application, please visit the DOJ Tobacco Grant Program webpage (https://oag.ca.gov/tobaccogrants).
QUESTIONS
Email [email protected] with any questions regarding the application process.
Agenda Item Number: 6
Agenda Item Number: 6
City Council Meeting Packet for Meeting of: September 2nd