CITY OF SIMI VALLEY
MEMORANDUM
November 18, 2024
TO: City Council
FROM: Police Department
SUBJECT: ADOPTION OF A RESOLUTION AUTHORIZING ACCEPTANCE OF $194,250 FROM THE FY 2024 -25 STATE OF CALIFORNIA
DEPARTMENT OF JUSTICE (CA -DOJ) TOBACCO GRANT PROGRAM;
AUTHORIZE THE CITY MANAGER , OR DESIGNEE , TO SIGN ALL
GRANT-RELATED DOCUMENTS; AND APPROVE A SUPPLEMENTAL
BUDGET REQUEST AND INTER-FUND TRANSFER
STAFF RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2024-50 (page 5) to accept a $194,250 grant award from the FY 2024-25 State of California, Department of Justice (CA-DOJ) Tobacco Grant P rogram; authorize the City Manager , or designee, to sign grant-related documents; and approve a Supplemental Budget Request of $194,250 to the Law Enforcement Grants Fund (Fund 287), with an inter-fund transfer to the General Fund (Fund 100) for Salary Reimbursements of all personnel costs.
BACKGROUND AND OVERVIEW
In May 2024, staff applied for the State of California Department of Justice (CA - DOJ) Tobacco Grant to cover the cost of officers assigned to Tobacco Retailer Inspections, Minor Decoy Operations, and Undercover Buy Operations. On October 16, 2024, the Department was notified it was selected to be awarded $194,250.
The Simi Valley Police Department is dedicated to excellence in public safety through superior police services that foster a safe community and strengthen partnerships with residents and local retailers. The Department’s commitment to the citizens of Simi Valley drives efforts to prevent crime, solve offenses, and maintain peace, prioritizing the safety of both the public and officers.
The Special Enforcement Team, part of the Special Operations Bureau, is initiating a new tobacco enforcement program and is seeking funding for officers focused on tobacco- related enforcement. This includes compliance checks for tobacco retailers, enforcing the California Flavor Ban, and conducting minor decoy operations.
The primary objective is to ensure that retailers comply with regulations regarding product display, sales, and proper signage. The program plans to reduce the sale of tobacco and tobacco-related products to individuals under 21 by utilizing underage decoys to purchase
AGENDA ITEM NO.
Consent (14)
2 these products from local retailers. Additionally, undercover officers will be deployed to investigate the sale of banned tobacco or cannabis products by retailers in Simi Valley.
Each operation will be meticulously documented with safety plans in place, and any violations will be reported to the Ventura County District Attorney's Office for prosecution.
FINDINGS AND ALTERNATIVES
During the 2023-2024 school year, there were 56 documented incidents at the four Simi Valley high schools involving possession or use of vaping/tobacco and marijuana products.
While traditional tobacco use (cigarettes) has declined, e- cigarettes and new tobacco products remain a concern. The California Healthy Kids Survey (2021/2022) revealed that 8% of Simi Valley eleventh graders reported using vape products, and 41% felt it w as "very easy" to obtain vaping products.
In a three-month period starting in December 2023, Ventura County Public Health (VCPH) visited all 98 tobacco retailers in Simi Valley to assess compliance with basic tobacco laws and gather information on compliance with the flavored tobacco sales ban. VC PH found that 46% of retailers did not have the required Yellow STAKE ACT Sticker at the Point of Sale, 39% sold flavored tobacco products despite state law banning their sale, and 26% had tobacco products or paraphernalia accessible to customers at the point of sale.
During the visits, two smoke shops were found to promote online sales of flavored tobacco products, and one retailer had a locker hub for consumers to order flavored tobacco products through a third-party website and collect the order at the store.
To address th ese issues, the Tobacco Grant provides funding to law enforcement agencies for educating, preventing, and enforcing laws related to the sale of flavored tobacco products, cannabis products, and tobacco products to minors. The program aims to inform local businesses about the risks of selling these products to minors , the consequences of selling banned items, and to prosecute those who violate these laws.
This grant offers salary reimbursements for officers assigned to operations such as Tobacco Retailer Inspections, Minor Decoy Operations, and Undercover Buy Operations.
These operations aim to reduce underage tobacco sales and enforce related laws.
The Simi Valley Police Department is committed to protecting residents from the illegal sale of banned tobacco products and the sale of tobacco products to minors . The Department's goal is to reduce the sale of banned tobacco products and tobacco products to minors through stronger education and enforcement efforts in Fiscal Year 2024-25. No City match is required, and all funds are planned for expenditure by the June 30, 2028 , deadline.
To proceed, the City Council must approve Resolution No. 2024- 50 accepting the grant award from the State of California, Department of Justice (CA -DOJ) Tobacco Grant 3 Program; authorize the City Manager to execute all grant -related documents; and approve a Supplemental Budget Request of $194,250 for Fund 287 with an inter -fund transfer to Fund 100 for Salary Reimbursements of all personnel costs.
The following alternatives are available to the City Council:
1. Adopt Resolution No. 2024-50 accepting a $194,250 grant from the FY 2024- 25 State of California, Department of Justice (CA -DOJ) Tobacco Grant P rogram; authorize the City Manager, or designee, to execute all grant-related documents; and approve a Supplemental Budget Request of $ 194,250 to Fund 287, with an inter-fund transfer to Fund 100 for Salary Reimbursements of all personnel costs;
2. Do not approve the acceptance of the FY 2024-25 State of California, Department of Justice (CA-DOJ) Tobacco Grant Program grant award;
3. Provide staff with other direction.
Staff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I move to adopt Resolution No. 2024-50 to accept a $194,250 grant award from the FY 2024-25 State of California, Department of Justice (CA -DOJ) Tobacco Grant Program; authorize the City Manager , or designee, to sign grant-related documents; and approve a Supplemental Budget Request of $194,250 in Law Enforcement Grants Fund ( Fund 287) with a n interf -fund transfer to the General Fund ( Fund 100) for Salary Reimbursements of all personnel costs.
SUMMARY
The City has been awarded $194,250 from the FY 2024- 25 State of California, Department of Justice (CA-DOJ) Tobacco Grant Program to cover the costs for Retailer Inspections, Minor Decoy Operations, and Undercover Buy Operations.
Staff recommends that the City Council adopt Resolution No . 2024- 50; to accept a $194,250 grant award from FY 2024-25 State of California, Department of Justice (CA-DOJ) Tobacco Grant Program ; authorize the City Manager , or designee, to sign grant-related documents; and approve a Supplemental Budget Request of $194,250 to Fund 287 with an inter-fund transfer to the Fund 100 for Salary Reimbursements of all personnel costs related to officers assigned to operations listed within the grant.
____________________________________
Charles Steven Shorts
Chief of Police
4 Prepared by: Stephen Collett, Police Sergeant
INDEX Page
Resolution No. 2024-50……………………. ...................................... 5 Exhibit 1 – Grant Award Letter…………………………………………. 7
Exhibit 2 – Grant Memorandum of Understanding ........................... 9 5 RESOLUTION NO. 2024-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY APPROVING ACCEPTANCE OF GRANT
FUNDS AND THE EXECUTION OF A GRANT
AGREEMENT, AND ANY AMENDMENTS THERETO, FROM
THE FY2024-25 STATE OF CALIFORNIA DEPARTMENT
OF JUSTICE (CA-DOJ) TOBACCO GRANT PROGRAM
WHEREAS, the State of California, Department of Justice (CA-DOJ), has awarded grant funding from its Tobacco Grant Program (“Grant”); and
WHEREAS, the City Council of the City of Simi Valley desires to accept the grant funds for the prioritized support for local retailer enforcement, including enforcement of flavored tobacco bans and sales to minors; and
WHEREAS, the CA-DOJ Tobacco Grant Program has awarded grant funding in the amount of $ 194,250 for Personnel Overtime and Administrative costs related to tobacco-related enforcement such as tobacco retailer inspections, minor decoy operations, and undercover buy operations; and
WHEREAS, the City Council finds and determines that acceptance of the grant funds from the State of California, CA -DOJ Tobacco Grant Program could provide a benefit to the safety of the residents of Simi Valley by ensuring that local tobacco retailers comply with existing state laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Simi Valley hereby approves the acceptance of the grant funds from the State of California, CA -DOJ Tobacco Grant Program in the amount of $194,250 for subsequent reimbursement to the City’s General Fund for Personnel Overtime and Administrative costs related to tobacco- related enforcement such as tobacco retailer inspections, minor decoy operations and undercover buy operations.
SECTION 2. The City Council of the City of Simi Valley authorizes the City Manager, or designee, to enter into, execute and deliver the grant agreement , and any and all subsequent amendments thereto with the State of California for the purposes of the Grant.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED and ADOPTED this 18
th day of November 2024.
6 RES NO. 2024-50
Attest:
Lucy Blanco, City Clerk Fred Thomas, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
Algeria R. Ford, City Attorney Samantha C. Argabrite, City Manager
Charles S. Shorts
Chief of Police
EXHIBIT 1
CAL J FORNI A
DEPARTMENT OF JUSTICE
October 16, 2024
Stephen Collett, Sergeant
Simi Valley Police Department
3901 Alamo St.
Simi Valley, CA 93063
RobBonta
Attorney General
DIVISION OF OPERATIONS
OFFICE OF THE CHIEF
GRANT SERVICES BRANCH
TOBACCO GRANT PROGRAM
P.O. Box 160187
Sacramento, CA 95816-0187
Telephone: (916) 210-6422
E-Mail Address: [email protected]
Re: Tobacco Grant Award Notification Fiscal Year 2024-25 (RFP: DOJ-PROP56-2024-25-1) Dear: Sergeant Stephen Collett
Congratulations! On behalf of the California Department of Justice (DOJ), Tobacco Grant Program, I am pleased to inform you that your agency's grant application for the fiscal year 2024-25 grant cycle has been approved for grant funds authorized under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016. The total amount of your agency's grant award is $194,250.
The Tobacco Grant Program award process is highly competitive, and for the 2024-25 grant cycle, the Department received over $50 million in requests. As noted in the application materials, grant funding prioritized support for local retailer enforcement, including enforcement of flavored tobacco bans. Consequently, some awards were approved with modifications to align with these funding priorities. Attached is a Summary of the Award and Budget Detail outlining the funding provided along with any modifications applied.
To accept the 2024-25 grant award, please complete and return a signed copy of your Letter of Intent (see template and instructions attached) by email within 15 calendar days of the date of this letter. This letter will affirm either:
1. Your agency will seek a resolution from the governing body to accept the award (if your agency has a governing body); OR
2. No governing body exists and no resolution is required.
Please email the signed Letter of Intent as noted above to [email protected] with the subject line including the name of your agency: "FY 24-25_Letter of lntent_Simi Valley Police Department." Upon receipt of this information, DOJ will provide your agency with additional documents for execution/use (e.g., Memorandum of Understanding, Governing Body Resolution template, Grantee Handbook, etc.). These documents will contain more information 7 October 16, 2024
about the process for reimbursement and other important details. Activities for reimbursement under this grant may commence on or after November 1, 2024 depending upon your selected start date.
Should you have any questions regarding this letter or the required follow up information, please email [email protected].
Attachments:
Letter of Intent
Summary of Award
Budget Detail
Sincerely,
JENNIFER IVERY JOHNSON
Manager, Grant Services Branch
For ROB BONTA
Attorney General
8 EXHIBIT 2
Simi Valley Police Department DOJ-PROP56-2024-25-1-067
MEMORANDUM OF UNDERSTANDING
PURPOSE
This Memorandum of Understanding (“MOU”) is entered into by the Department of Justice (“DOJ”) and the Simi Valley Police Department (“Grantee”), for the purpose of disbursing grant funds to Grantee for reimbursement of expenditures in compliance with the California Code of Regulations and the Fiscal Year 2024-25 Grantee Handbook.
Commencing January 1, 2023, the California Code of Regulations, Title 11, Division 1, Chapter 5:
Department of Justice Tobacco Grant Program (“TGP Regulations”) shall govern the policies and procedures of the Tobacco Grant Program.
The TGP Regulations, Request for Proposals, Grantee Handbook (dated April 2024), and Summary of Award document are hereby incorporated by reference into this MOU. Grantee will expend funds for the purposes identified in the approved Summary of Award document. Reimbursements are to be funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016, approved by the voters as Proposition 56.
COST REIMBURSEMENT
DOJ agrees to reimburse Grantee in arrears, for Grantee’s actual expenditures in performing the project or scope of work included in the approved Summary of Award document. Reimbursements for line items in the approved Budget Detail will be made upon receipt of invoices from Grantee and approval of the invoices by DOJ, in accordance with the reimbursement procedures set forth in the TGP Regulations and Grantee Handbook.
BUDGET CONTINGENCY CLAUSE
It is mutually agreed, if the Budget Act of the current fiscal year and/or any subsequent years covered under the MOU does not appropriate sufficient funds, the MOU shall be of no further force and effect.
In the event this situation occurs, DOJ shall have no liability to reimburse/pay any funds to Grantee, or to furnish any other considerations under this MOU. As well, Grantee shall not be obligated to continue performing the provisions of this MOU, for which the Grantee would have been reimbursed.
If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, DOJ shall have the option to either cancel this MOU with no liability occurring to DOJ or offer an addendum to the Grantee to reflect the reduced amount.
PROJECT BREACH-TERMINATION
Failure of a Grantee to comply with this MOU or the TGP Regulations shall be treated by DOJ as a breach of contract. If an act of noncompliance occurs, DOJ may take actions described within the TGP Regulations, including termination. DOJ may terminate this MOU and be relieved of any obligation to disburse grant funds to Grantee should Grantee fail to perform the scope of work at the time and in the manner provided in this MOU.
MISCELLANEOUS PROVISIONS
9 Simi Valley Police Department DOJ-PROP56-2024-25-1-067
Addendum – No addendum or variation of the terms of this MOU is valid unless made in writing and signed by the duly authorized representatives of the parties.
Assignment – This MOU is not assignable by Grantee in whole or in part.
Indemnification – Grantee agrees to indemnify and hold harmless DOJ, its officers, agents and employees from all claims, liabilities, or losses in connection with the performance of this MOU.
Certifications – Grantee certifies that it does not receive funding from a manufacturer, distributor, or advertiser of Cigarettes or Tobacco Products. Grantee further certifies that grant funds will not supplant existing state or local funds dedicated for the same purpose.
TERMS
Grant Duration: 11/1/2024 – 6/30/2028
Award Amount
Category of Expenditure Budget
FY 2024-2025
Budget
FY 2025-2026
Budget
FY 2026-2027
Budget
FY 2027-2028
Personal Services $45,500 $50,000 $50,000 $39,500
Operating Expenses and
Equipment $0 $0 $0 $0
Administrative Costs (Not to
Exceed 5%) $2,275 $2,500 $2,500 $1,975
TOTAL AWARD AMOUNT $194,250
The time limit for reimbursements against this award ends 6/30/2028. Requests for reimbursement received after 7/15/2028 cannot be considered by DOJ.
GRANTEE CONTACT INFORMATION
Stephen Collett, Police Sergeant
Simi Valley Police Department
2929 Tapo Canyon Rd, Simi Valley, CA 93063
(805) 583-6916
[email protected]
GRANTEE CONTACT INFORMATION
Sandra Hernandez, Administrative Officer
Simi Valley Police Department
2929 Tapo Canyon Rd, Simi Valley, CA 93063
(805) 583-6915
[email protected]
10 Simi Valley Police Department DOJ-PROP56-2024-25-1-067
AUTHORIZATION
DOJ and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future addendums shall be e-mailed to [email protected], care of the Division of Operations, Local Assistance Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties.
___________________________________ ___________________ NAME: Date
Title:
Agency:
___________________________________ ___________________ CHARLES STEVEN SHORTS Date
Chief of Police
City of Simi Valley
___________________________________ ___________________ SAMANTHA C. ARGABRITE Date
City Manager
City of Simi Valley
______________________________ ___________________
JENNIFER IVERY JOHNSON, Grant Manager Date
Division of Operations
California Department of Justice
___________________________________ ___________________ NICOLE LEARNED, Administrative Manager Date
Division of Operations
California Department of Justice
__________________________________ ___________________
CHRIS RYAN, Chief Date
Division of Operations
California Department of Justice
11