REPORT TO THE CITY COUNCIL
FROM: ANDREW JANZ, City Attorney
City Attorney’s Office
BY: ERICA CAMARENA, Chief Assistant City Attorney
City Attorney’s Office, Code Enforcement
SUBJECT
Title
***RESOLUTION - Adopting the 32nd amendment to the Annual Appropriation Resolution (AAR) No. 2024-122 appropriating $484,600 for the Tobacco State Grant in Fiscal Year 2025 (Requires Five Affirmative Votes) (Subject to Mayor’s veto)
Body
RECOMMENDATION
Staff recommends that Council adopt the 32nd Amendment to AAR No 2024-122 to appropriate $366,000 with the City Attorney’s Office-Code Enforcement and appropriating $118,600 with the Fresno Police Department (FPD) for a total of $484,600 into the FY 2025 budget. The remaining funds will be realized in the FY 2026 and FY 2027 budgets.
EXECUTIVE SUMMARY
The California Department of Justice has awarded $1,446,426 in grant funding to the City Attorney’s Office-Code Enforcement and Fresno Police Department to provide prevention, education, and enforcement of tobacco related enforcement issues. The grant period is from July 1, 2024, to June 30, 2027. The funding will be for overtime costs related to tobacco enforcement operations, local retailer inspections operations, operating costs, equipment, and educational materials.
BACKGROUND
With 668 premises licensed to sell tobacco within the City of Fresno, the City Attorney’s Office-Code Enforcement and FPD realize the importance of issues related to tobacco education, enforcement, and abuse prevention. The Tobacco Law Enforcement Grant Program’s goal is to increase tobacco awareness; educate officers, licensees and the community on laws involving tobacco sales including vaping, and to hold licensees accountable. This can be accomplished by: Roll Call Training Bulletins; and educating Patrol Officers on regulations for establishments that sell tobacco, providing education to the community, licensees and their employees; and other undercover operations (Minor Decoy, Shoulder Tap, etc.).
Sales of tobacco to minors and furnishing tobacco related products to minors remain among the top tobacco-related concerns of the community and law enforcement. Undercover operations have shown that licensees continue to sell tobacco to minors and adults occasionally purchase tobacco products for minors in violation of the law. These operations serve to identify violators, hold accountable and discourage others from selling to minors.
Fresno is also home to three school districts and two colleges - one university and one community college. Fresno Unified School District (FUSD) is the third largest school district in California and home to more than 69,654 students. There are 15 high schools, 17 middle schools, 65 elementary schools, five alternative or continuation schools and one adult school. Each of the schools within the geographical boundaries of Fresno Unified School District is within a 1/2 mile or less of a tobacco related, vaping, or hookah lounge business. And because of the closeness of the schools and the businesses, the FPD has experienced an increase in calls for service from surrounding residents and businesses of school aged children smoking. In partnership with FUSD, the FPD has assigned one Student Resource Officer (SRO) at each high school. Officers at each school have also experienced an increase in the number of students caught smoking cigarettes, e-cigarettes and vaping on school grounds. In speaking with school staff, the issue of Vape pens have become such an issue, that FUSD has purchased vape pen indicators to place in the schools’ restrooms. It is common practice for school administrators to confiscate multiple pens from students.
ENVIRONMENTAL FINDINGS
This is not a “project” for the purposes of CEQA, pursuant to CEQA Guidelines Section 15378.
LOCAL PREFERENCE
Local preference was not considered because accepting grant funds does not include a bid or award of a construction or service contract.
FISCAL IMPACT
There is no impact to the general fund. The grant provides for the full cost recovery for all grant related positions, operations, equipment, and supplies for this program during the period of the grant.
Attachment: Annual Appropriations Resolution No. 2024-122