Item Number: 20
City Council / Board of Directors
Written Communications
Meeting of: November 19, 2024
Submitted By:
Alex Jauregui, City Planner
Jorge Duran, Code Enforcement Official
Subject:
Acceptance of California Department of Justice 2024-25 Tobacco Grant Program funding Recommendation:
That the Honorable City Council adopt Resolution Nos. 24-100 and 24-101, thereby:
(1) Accepting the 2024-25 Tobacco Grant Program grant with the California Department of Justice providing the City with $111,120.00 to aid in implementation and enforcement efforts associated with annual inspections of tobacco retailers in the City;
(2) Authorizing the City Manager to finalize all documents needed to execute the grant contract;
(3) Authorizing the City Manager to make any necessary amendments to the contract as deemed necessary; and
(4) Amending the annual budget for fiscal year 2024-2025 to reflect an additional appropriation in the amount of $54,340.00.
Fiscal Impact:
The proposed action will result in an increase of $54,340.00 in the City’s budget for fiscal year 2024-25 with the remaining $56,870.00 of the awarded grant (Attachment C) to be included in the annual budget for fiscal year 2025-26 pursuant to the grant terms (Attachment D). The subject grant was awarded to fund activities associated with annual inspections of tobacco retailers to ensure that site standards and operational standards are in compliance with Ordinance No. 2450, which was adopted in July of 2024 (Attachment E). Activities funded by this grant will include Code Enforcement and Planning Department staff wages, enforcement of the prohibited sales and marketing of illegal tobacco products and drug paraphernalia, retailer and City staff educational activities, as well as equipment/materials including light meters and educational information for retailers. Upon execution of the grant agreement, the subject funds will be dispersed to the City as a reimbursement of actual expenditures and duties/activities 3 8
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performed, as outlined in the Budget Detail approved by the Department of Justice (Attachment F). The subject funding is intended to supplement existing Code Enforcement funding for functions that implement on-going enforcement efforts related to tobacco sales and Ordinance No. 2450, with limited potions of funding allocated to Planning Department staff for technical assistance as needed. Additionally, the subject grant has no matching requirement and administration of the grant will be managed by the City’s existing Code Enforcement and Planning Department staff.
Strategic Plan Goal:
The subject grant opportunity aligns with Goals B, C, and D of the 2023-2026 Strategic Plan as follows:
•Goal B (Public Safety) – Acceptance of the grant award will aid in funding the required annual inspection process by ensuring that all alcohol and tobacco retailers are operating their facilities in accordance with State and local laws, which among other things aim to ensure adequate on-site lighting, enhance visibility within premises, and prevent loitering and illegal activities on-site. •Goal C (Community and Economic Development) – Acceptance of this grant award will fund a proactive Code Enforcement approach in order to confirm compliance with maintenance and site condition standards. This aspect of the requirements of Ordinance No. 2450 aims to improve the appearance of non-compliant locations and preserve the community, which will support the establishment of new businesses and retention of existing business in the City.
•Goal D (Reduce Homelessness) – Acceptance of this grant award will assist the City in reducing access to illegal tobacco products and drug paraphernalia, thus making the retailers part of the solution to reduce substance abuse and illegal drug use that are not uncommon within the City’s homeless population. Reducing access to these illegal items should then result in the reduction of homeless outreach efforts in the areas around alcohol and tobacco retailers, which frequently occur near each other.
Background:
Ordinance No 2450 History
On May 8, 2024, the Planning Commission recommended City Council Adoption of Ordinance No. 2450, which proposed additional regulations and annual inspection of retail establishments that sell alcohol or tobacco for off-site consumption. Additionally, the Planning Commission recommended that City staff seek grant funding to implement the proposal.
On June 18, 2024, the City Council authorized City staff to seek grant funding to support the implementation of Ordinance No. 2450, which was followed by City Council adoption of Ordinance No. 2450 on July 17, 2024.
Grant Purpose
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The California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Proposition 56) was passed to promote a healthier California by reducing illegal retail sales and marketing of cigarettes and tobacco products, including e-cigarettes, to minors.
The Tobacco Grant Program, established in 2017 and administered by the Office of the Attorney General, makes these annual funds available to local public agencies throughout California. This grant funding is intended to support local enforcement of activities specifically aimed at reducing the illegal retail sales and/or marketing of tobacco products to minors and youth, which also aligns with the goals and enforcement activities related to adopted Ordinance No. 2450.
Grant History & Proposed/Eligible Uses
On June 28, 2024, City staff applied for the Tobacco Grant Program through the California Department of Justice (Attachment G) requesting $126,745 to aid in the implementation and enforcement of Ordinance No. 2450.
On October 16, 2024, the Department of Justice informed staff that the grant application was approved in the amount of $111,120 to spend over the course of two years (with requests for iPads and travel compensation removed for consideration). The grant funding awarded allocates $54,340.00 to be spent in fiscal year 2024-25 & $56,870.00 to be spent in fiscal year 2025-26 and will supplement existing Code Enforcement funding for functions related to carrying out on-going enforcement efforts related to Ordinance No. 2450, training and educational opportunities/materials for both staff and impacted business owners, as well as the purchase of two light meters to ensure that impacted retail establishments provide safe and well-lit exteriors in compliance with Ordinance No. 2450. Activities for reimbursement under this grant may commence on or after November 1, 2024.
On October 24, 2024, the City submitted a Letter of Intent to accept the Tobacco Grant Program award in the amount of $111,210, noting that the final City Council approval would be required to formally accept the grant (Attachment H).
Discussion:
While the City’s grant application was approved with an award of $111,120.00 to be used to aid in the implementation and enforcement of tobacco retailer inspections and education, as noted in the City’s Tobacco Grant Program Award Letter and Budget Detail (Attachments C & F), formal acceptance of the grant by the City Council is required to make the associated 2024-2025 budget amendment and authorize completion of the necessary contract.
If accepted, the grant period and ability to begin claiming expenses for reimbursement would begin on November 1, 2024. Though the grant runs through the end of fiscal year 2025-2026, the time limit for reimbursements against this award ends on June 30, 2028.
The Department of Justice will assign a Grant Program Officer to assist the City in processing reimbursement requests and making any needed changes to the proposed grant budget.
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The City continues to prioritize financial sustainability and the health and safety of the community as outlined in the 2023-2026 Victorville Strategic Plan. Approving the recommendations as presented will advance those efforts. With the proposed additional funding, the City will continue to address public safety and community and economic development interests by working with affected alcohol and tobacco retailers to gain compliance with the site and operating standards, as regulated by Ordinance No. 2450, as well as aid in the reduction of homeless outreach efforts by decreasing access to illegal tobacco products and drug paraphernalia which have been known to negatively impact vulnerable populations such as those experiencing homelessness.
Attachments: A. City Council Resolution No. 24-100 - California Department of Justice Tobacco Grant Program Contract
B. City Council Resolution No. 24-101 - Budget Amendment C. Award Letter and Summary of Award
D. City/Department of Justice Grant Agreement/Memorandum of Understanding
E. Ordinance No. 2450
F. Budget Detail
G. California Department of Justice Tobacco Grant Program Application
H. Letter of Intent