7/20/2021 - AGENDA ITEM 7 - CONSIDERATION OF 2021-2023 LAW ENFORCEMENT TOBACCO GRANTAGENDA ITEM NO.7
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: July 20, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF 2021-2023 LAW ENFORCEMENT TOBACCO GRANT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager or designee to accept the 2021-2023 Law
Enforcement Tobacco grant and execute all grant related documents and authorize the necessary budget
amendment by adopting the following resolution:
RESOLUTION NO.2021-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF 2021-2023
TOBACCO LAW ENFORCEMENT GRANT PROGRAM FUNDS FROM THE CALIFORNIA
DEPARTMENT OF JUSTICE, AND ADOPTING A BUDGET AMENDMENT FOR THE
FISCAL YEAR COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022 (2021-2023 LAW
ENFORCEMENT TOBACCO GRANT)
BACKGROUND:
The Police Department recently obtained a new competitive grant from the State of California, the 2021-2023
Tobacco Law Enforcement Grant, with funds from Proposition 56. Proposition 56, the California Healthcare,
Research and Prevention Tobacco Tax Act of 2016, was approved by voters in November 2016, and raised the
tax on cigarettes and other tobacco products effective in April 2017. Proposition 56 specifically allocated
revenue to be distributed annually by the California Department of Justice through grants to local law
enforcement agencies for activities intended to reduce the illegal sale of tobacco products to minors.
DISCUSSION:
In recent years, while demands for public safety services and calls for services have increased, Police
Department staffing has decreased. The City Council recently expressed their directive to add back 10 Police
Officer positions. Police Department staff continue to pursue grant opportunities and other resources to help
address the problems of insufficient Police staffing, and respond to City Council directives.
Police Department staff recently obtained a new competitive Law Enforcement Tobacco grant from the State
of California, Department of Justice. This grant will add a new sworn position to the Police Department a
new "Tobacco' School Resource Officer (SRO) position, funded by the grant for an estimated two years. This
new Tobacco SRO will rotate among middle school locations and focus on tobacco enforcement, coordinating
1/2
with school officials and their anti -tobacco efforts. During the summer months or other school breaks, the
Tobacco SRO will focus on tobacco violations at City parks, and conduct tobacco retailer inspections and
enforcement, with a special emphasis on targeting any illegal tobacco sales to minors. The Tobacco SRO may
also make recommendations concerning local tobacco ordinances, licenses, etc.
This is a reimbursable grant, contributing $300,084 exclusively to fund the salary, benefits, and some overtime
for the new Tobacco SRO position, between July 2021 and June 2023. These funds cannot be used for other
purposes or to supplant existing law enforcement funding. The Police Department plans to assign a veteran
Officer to work the Tobacco SRO grant activities, while the grant will funV'backfill" a new entry-level
Officer position. In order to receive grant funds, the California Department of Justice requires the City to
accept the grant via resolution, and also execute a grant Memorandum of Understanding —see Attachments 1
and 2.
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolution and approved it as to form.
Prepared by: Alex B. Houston, Police Administrative Services Manager
Additional Richard Bell, Chief of Police
Approval:
Additional Robbeyn Bird, Finance Director
Approval:
Fiscal Impact
FISCAL IMPACT:
The City will receive $300,084 in reimbursement funds from the State during the two-year grant period. As
detailed in the proposed budget amendment, Staff is recommending an appropriation of this amount and a
corresponding revenue amendment in Fund 238.
Attachments
Attachment No. 1 - Resolution No. 2021-74
Exhibit A - Budget Amendment
Attachment No. 2 - 2021-2021 Tobacco Grant MOU
CITY Protect Public Safety
COUNCIL
GOALS &
OBJECTIVES:
212
ATTACHMENT NO. 1
RESOLUTION NO. 2021-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AUTHORIZING THE
ACCEPTANCE OF 2021-2023 TOBACCO LAW
ENFORCEMENT GRANT PROGRAM FUNDS FROM THE
CALIFORNIA DEPARTMENT OF JUSTICE, AND
ADOPTING A BUDGET AMENDMENT FOR THE FISCAL
YEAR COMMENCING JULY 1, 2021 AND ENDING JUNE
30, 2022 (2021-2023 LAW ENFORCEMENT TOBACCO
GRANT)
WHEREAS, the City of West Covina desires to participate in the Tobacco Law
Enforcement Chant Program, which is made available through Proposition 56, the California
Healthcare, Research and Prevention Tobacco Tax Act of2016, and administered by the California
Department of Justice (DOJ) to support local efforts to reduce the illegal sale of tobacco products
in the City, and
WHEREAS, the West Covina Police Department submitted a proposal to participate in
the grant program, and the DOJ awarded the City $300,084 for the period covering July 1, 2021
through June 30, 2023; and
WHEREAS, the grant fiords will be used for salary expenditures related to educational
opportunities for children, tobacco enforcement operations, and local retailer inspections and
enforcement; and
WHEREAS, in order to be eligible to receive grant finding, the City must submit to the
DOJ a resolution from the City Council authorizing the City to enter into an agreement with the
State and identifying the person authorized to execute the agreement on behalf of the City; and
WHEREAS, the City Manager, on or about June 15, 2021, submitted to the City Council
a proposed budget for the appropriation and expenditure of finds for the City for West Covina for
Fiscal Year 2021-2022; and
WHEREAS, following duly given notice and prior to budget adoption, the City Council
held public meetings, receiving, considering and evaluating all comments, and adopted a budget
for the fiscal year connriencing July 1, 2021 and ending June 30, 2022; and
WHEREAS, amendments must periodically be made to the budget to conform to changed
circumstances following adopting of the budget; and
WHEREAS, a budget amendment is needed in connection with the Tobacco Law
Enforcement Grant Program grant award.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Manager or his designee is hereby authorized, on behalf of the
City, to accept the 2021-2023 Tobacco Law Enforcement Grant Program funding in the amount
of $300,084 from the California Department of Justice.
SECTION 2. The City Manager or his designee is hereby authorized and directed, on
behalf of the City, to execute and submit to the DOJ all grant documents, including, without
limitation, the Memorandum of Understanding and any amendments thereto, and any contracts,
amendments, extensions, and payment requests as necessary to accept the funds under and comply
with conditions of the grant.
SECTION 3. The Tobacco Law Enforcement Grant Program fiords shall be used to add
one School Resource Officer (Police Officer) position to the Police Department, which will be
responsible for implementing and performing this grant project. The grant-fimded School
Resource Officer will focus on tobacco enforcement and outreach, at middle schools and other
City locations, during the term of the grant. These Tobacco Law Enforcement Grant Program fiords
shall be accounted for in a separate fiord (not co -mingled with any other fiords), and shall not be
used to supplant ongoing law enforcement expenditures.
SECTION 4. The City Manager is hereby authorized and directed to establish all required
accounts and make any and all expenditures, transfers, and/or distributions of funds on behalf of
the City as are necessary and appropriate to carry out the purpose and intent of this resolution.
SECTION 5. The City Council hereby approves Budget Amendment No. 002, attached
hereto as Exhibit A, related to 2021-23 Tobacco Law Enforcement Grant Program grant.
SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall enter
the same in the book of original resolutions and it shall become effective immediately.
PASSED, APPROVED AND ADOPTED on this 20th day of July, 2021.
APPROVED AS TO FORM
Thomas P. Duarte
City Attorney
Letty Lopez-Viado
Mayor
ATTEST
Lisa Sherrick
Assistant City Clerk
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do
hereby certify that the foregoing Resolution No. 2021-74 was duly adopted by the City Council of
the City of West Covina, California, at a regular meeting thereof held on the 20th day of July,
2021, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
Exhibit A
CITY OF WEST COVINA
BUDGET AMENDMENT
Date: 7/20/2021
Requested by: Alex Houston
Dept/Div: Police
EXPENDITURES
BA # 002
Posted By:
Date Posted:
Fiscal Year: 2021-2022
Amount: $300,084.00
Description: 2021-23 Tobacco Law Enforcement
Grant
Account Number
Dept/Account Description
Current Budget
Proposed
Amendment
Amended Budget
238.31.3111.5110
Sworn Salaries
171 096.00
171 096.00
238.31.3111.5113
Overtime
9,800.00
9,800.00
238.31.3111.5xxx
Benefits
119 188.00
119 188.00
REVENUES
Account Number
Account Description
Current Budget
Proposed
Amendment
Amended Budget
238.31.4521
State grant revenue
300 084.00
300 084.00
REASON/JUSTIFICATION (Please be specific)
To appropriate revenues and expenditures for the 2021-2023 Tobacco Law Enforcement Grant (adding 1
"Tobacco SRO" Police Officer position to the Police Department), not previously identified or budgeted.
APPROVALS
City Council Approval Date (if required, attach minutes): 7/20/2021 ❑ Approval Not Required
Dept Head Approval: see attached Date:
Finance Director: Date:
Funds Available? ❑ Yes ❑No
City Manager: see attached Date:
(if over $100,000)
❑ Approved ❑ Denied
ATTACHMENT NO.2
DOJ-P RO P56-2019-20-1-073
MEMORANDUM OF UNDERSTANDING
PURPOSE
This Memorandum of Understanding ("MOU") is entered into by the Department of Justice ("DOJ") and the West
Covina Police Department (hereinafter, "Grantee"), to provide grant funds to Grantee for expenditure in
compliance with the Grantee Handbook. The Grantee will expend funds for the purposes identified in the
approved Grant Application submitted by Grantee in response to the DOJ's Request for Proposals for activities of
Local Government Agencies to be funded under the California Healthcare, Research and Prevention Tobacco Tax
Act of 2016 (the "Act"), approved by the voters as Proposition 56.
The Request for Proposals, Grantee Handbook (dated November 2019), and Grant Application are hereby
incorporated by reference into this MOU.
COST REIMBURSEMENT
DOJ agrees to reimburse Grantee in arrears, for Grantee's actual expenditures in performing the Scope of Work
included in the approved Grant Application, upon receipt of invoices from Grantee and approval of the invoices
by DOJ, in accordance with the reimbursement procedures set forth in the Grantee Handbook.
BUDGET CONTINGENCY CLAUSE
It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under the
agreement does not appropriate sufficient funds for this MOU, this MOU shall be of no further force and effect. In
this event, the DOJ shall have no liability to pay any funds whatsoever to Grantee or to furnish any other
considerations under this MOU and Grantee shall not be obligated to continue performing any provisions of this
agreement for which it would have been reimbursed.
If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, the DOJ shall have
the option to either cancel this MOU with no liability occurring to the DOJ, or offer an amendment to the Grantee
to reflect the reduced amount.
ADMINISTRATION
Should Grantee fail to comply with this MOU, including any expenditures for purposes not permitted under the
MOU, DOJ may take one or more of the actions described under Remedies for Noncompliance in the Grantee
Handbook.
MISCELLANEOUS PROVISIONS
Amendment— No amendment 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 the DOJ, its officers, agents and employees
from all claims, liabilities, or losses in connection with the performance of this MOU.
Termination —The DOJ may terminate this MOU and be relieved of any obligation to provide grant funds to
Grantee should Grantee fail to perform the Scope of Work at the time and in the manner provided in this MOU.
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DOJ-P RO P56-2019-20-1-073
TERMS
Grant Duration: 7/1/2020 — 6/30/2023
Award Amount
Category of Expenditure
Budget
FY 2020-2021
Budget
FY 2021-2022
Budget
FY 2022-2023
Personal Services
$0
$146,513
$153,571
Operating Expenses and Equipment
$0
$0
$0
Administrative Costs (Not to Exceed 5%)
$0
$0
$0
TOTAL AWARD AMOUNT
$300,084
The time limit for reimbursements against this award ends 6/30/2023. Requests received after 7/15/2023 cannot
be reimbursed by the DOJ.
GRANTEE CONTACT INFORMATION
Alex Houston, Police Administrative Services Manager
West Covina Police Department
1444 W. Garvey Ave., West Covina, CA 91790
626-939-8536
alex.houston@wcpd.org
AUTHORIZATION
The DO1 and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated
below. This MOU and any future amendments shall be mailed to the Division of Operations, Local Assistance
Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties.
RICHARD BELL, CHIEF OF POLICE Date
West Covina Police Department
STACY HEINSEN, GRANT MGR. Date
Division of Operations
California Department of Justice
CHRIS RYAN, CHIEF Date
Division of Operations
California Department of Justice
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