Subject:     ADOPTION OF A RESOLUTION TO ACCEPT A $250,000 GRANT FROM THE CALIFORNIA STATE DEPARTMENT OF HEALTH SERVICES FOR LOCAL ENFORCEMENT OF TOBACCO CONTROL LAWS AND ADOPTION OF RELATED APPROPRIATION ORDINANCE AND FUNDING SOURCES RESOLUTION AMENDMENTS IN THE GENERAL FUND

 

RECOMMENDATION

 

A.     City Council acceptance of a grant from the California State Department of Health Services in the amount of $250,000 for the Local Enforcement of Tobacco control laws.

 

B.     City Council adoption of a resolution authorizing the City Manager to execute all documents associated with the program.

 

C.     City Council approval of the following Annual Appropriation Ordinance and Funding Sources Resolution amendments in the General Fund to appropriate the current year portion of the grant as follows:

 

1.   Increase the estimate for Earned Revenue from the State of California by $69,434; and

 

2.      Establish an appropriation in City-wide Expenses to the Police Department in the amount of $69,434 for grant-funded expenses related to the local enforcement of tobacco control laws.

 

BACKGROUND

 

The San Jose Police Department participated in a competitive grant process with the State Department of Health Services, Tobacco Control Section, for funds related to the local enforcement of tobacco control laws.  The Department has been awarded a grant in the amount of $250,000 to enhance current tobacco control efforts by the Police Department in conjunction with the Code Enforcement Division of the Department of Planning, Building and Code Enforcement.  The $250,000 grant is for a 33-months period from October 1, 2001 through June 30, 2004.  In order for the grant program to be implemented, the grant award of $250,000 must be accepted and the grant portion of $69,434 for the current fiscal year must be appropriated.

 

ANALYSIS

 

The primary goals of the Tobacco Control program are to reduce youth access to tobacco through enforcement operations, reduce exposure to environmental tobacco smoke, and enforce compliance to Anti-tobacco laws and ordinances.  The Youth Tobacco Education and Compliance Program of the Community Services Division for the Police Department and the Code Enforcement Division of the Department of Planning, Building and Code Enforcement currently provide tobacco control enforcement services.  The Department of Health Services grant will enhance the Police and Code Enforcement efforts for tobacco control.

 

The proposed activities for the new Tobacco Control grant will enable the City to enhance its tobacco enforcement activities that target vendors and businesses.  These activities complement the tobacco education activities that are currently funded by the Healthy Neighborhood Venture Fund and that target potential tobacco users.

 

Grant funds will be used to enact a more aggressive and active enforcement program including the increase of merchant sting operations and increase in compliance checks to reduce the tobacco sales to minors.  The increase in activity for on-site compliance checks in public places during optimal violation hours will also help send a message to the residents that the City is proactive in reducing environmental tobacco smoke exposure in our community.  The service area for the grant funded program is the entire City of San Jose.

 

The $250,000 will cover tobacco control program enhancements for a 33-months period beginning in October 2001.  The grant includes funding for Police Officer and Code Inspector overtime, part-time administrative support, stipends for youth decoys and adult chaperones, buy money for sting operations, undercover vehicle rental, miscellaneous equipment, travel and training, youth incentives and educational materials, and a portion of indirect expenses.  The grant will cover three fiscal years as follows:

 

                                                        Fiscal Year     Fiscal Year     Fiscal Year           Grant

                                                              2001-02           2002-03           2003-04            Total

      Personnel Costs & Stipends              $51,740           $69,620           $76,670      $198,030

      Non-personal & Equipment                12,520               8,605             11,042          32,167           

      Indirect Department Costs                    5,174               6,962               7,667          19,803

      Total per Fiscal Year                        $69,434           $85,187           $95,379      $250,000

The $69,434 for the current fiscal year is recommended for appropriation at this time.  The remaining funds for the subsequent fiscal years will be included in the City-wide base budget for the Police Department.

 

PUBLIC OUTREACH

 

The grant application was coordinated with the County of Santa Clara District Attorney’s Office and the Public Health Department.

 

COORDINATION

 

This memorandum has been coordinated with the City Manager’s Budget Office, the City Attorney’s Office; and the Department of Planning, Building, and Code Enforcement.

 

COST IMPLICATIONS

 

There is no cash match for this grant.  Instead, the City will be providing in-kind services contributions valued at $138,736 over the 33-months grant period.  These in-kind service contributions will be provided by dedicating five hours of regular time plus approximately ten hours of overtime per week each for a Police Officer and a Code Inspector to the program, providing office space and general expenses such as office supplies, and covering indirect costs equal to 15% of the program cost.  The grant will cover the remaining indirect costs equal to 10% of the program cost.

 

WILLIAM M. LANSDOWNE

Chief of Police

 

LARRY D. LISENBEE

Chief of Police

Budget Director

 

I hereby certify that there will be available for appropriation in the General Fund in the fiscal year 2001-2002 monies in excess of those heretofore appropriated therefrom, said excess being at least $69,434.

 

LARRY D. LISENBEE

Budget Director