Title
Health and Human Services Agency (HHSA) recommending the Board:
1) Adopt and authorize the Chair to sign Resolution 006-2025 authorizing the County to accept the Office of the Attorney General, California Department of Justice (DOJ) Fiscal Year 2024-25 Tobacco Grant Program funding in the total amount of $839,596, for the performance period of November 1, 2024, through June 30, 2028; and
2) Approve and authorize the HHSA Director and Chief Assistant Director to execute the resulting funding agreement and future amendments that do not increase Net County Cost, contingent upon County Counsel and Risk Management approval as applicable, and subsequent administrative documents or required fiscal or programmatic reports.
FUNDING: 100% State DOJ funding for the Tobacco Grant Program; no matching funds are required.
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DISCUSSION / BACKGROUND:
The California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Proposition 56) funding helps 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, administered by the DOJ, makes these annual funds available to local law enforcement agencies throughout California. Since its inception in 2017, the Tobacco Grant Program has distributed approximately $212 million in grant funding through a competitive process.
On April 29, 2024, the DOJ made available an estimated $28.5 million in Tobacco Grant Program funding for FY 2024-25 to support local enforcement efforts to reduce illegal retail sales and marketing of tobacco products to minors and youth; and released a Request for Proposal inviting eligible applicants to apply.
On June 27, 2024, HHSA applied for the FY 2024-25 Tobacco Grant Program and provided letters of support from Marshall Medical and El Dorado Community Health Center. Applicants were required to have authority to enforce tobacco-related state laws or local ordinances to be eligible to receive funds; therefore, HHSA’s application outlined the steps it was taking for the County to establish a Tobacco Retail License (TRL), which would provide said authority. Letters of commitment from the El Dorado County Sheriff’s Office (EDSO), El Dorado County Planning and Building Department (PBD), and the El Dorado County Environmental Management Department (EMD) were also submitted with the application demonstrating local agency collaboration to carry out the program activities.
On October 16, 2024, HHSA was awarded $839,596 in Tobacco Grant Program funding. This grant will help support local retailer education, administration, and enforcement of the tobacco retail ordinances.
On October 22, 2024, the Board adopted Resolution 177-2024 finding the well-established negative health impacts of tobacco use in El Dorado County; adopted Ordinance 5210 adding Chapter 130.40.340; and amended Section 130.22.020, “Matrix of Allowed Uses,” of Title 130 of the El Dorado County Ordinance Code to establish tobacco retailer land use regulations (Legistar file 24-1371, V 1).
On November 5, 2024, the Board adopted Ordinance 5211 adding a new Chapter 8.68 of Title 8 of the El Dorado County Ordinance Code to regulate tobacco retailers for all purposes within the unincorporated areas of the County of El Dorado and establish a TRL. The establishment of a TRL in the County satisfies the condition of the Tobacco Grant Program (Legistar file 24-1371, V 2). Within this agenda item, the Board was informed of the awarded Tobacco Grant Program funding and the Board was advised that HHSA will return to Board for acceptance of the grant award.
Upon award, the DOJ requested HHSA submit a Letter of Intent to accept the funding; therefore, in accordance with Board Policy A-6, Grant Applications which states the Board has the sole authority to accept funding in excess of $10,000, HHSA submitted a Letter of Intent on October 23, 2024, notifying the DOJ of its intent to take a resolution to its County Board to accept the Tobacco Grant Program funding.
Upon adoption of the attached Resolution, in which the Board accepts said Tobacco Grant Program funding and authorizes HHSA to execute the grant agreement, HHSA will proceed with execution of the agreement. Subsequently, HHSA, EDSO, PBD, and EHD will commence with the TRL program activities to reduce illegal retail sales and marketing of tobacco products to minors and youth.
ALTERNATIVES:
Should the Board decline to approve this recommendation, HHSA will be ineligible to receive the FY 2024-25 Tobacco Grant Program and will need to determine an alternate funding source to support TRL activities.
PRIOR BOARD ACTION:
1) 01/30/24, 24-0022, HHSA/Planning and Building Urgency Ordinance, Tobacco Retailer Businesses
2) 03/12/24, 24-0083, HHSA/P&B - TUPP Urgency Ordinance
3) 10/22/24, 24-1371 (V.1), HHSA/Planning/EMD - Tobacco Zoning & Tobacco Retail License Ordinances
4) 11/05/24, 24-1371 (V.2), HHSA/Planning/EMD - Tobacco Zoning & Tobacco Retail License Ordinances
OTHER DEPARTMENT / AGENCY INVOLVEMENT:
County Counsel and Risk Management have reviewed the Memorandum of Understanding. The El Dorado County Sheriff’s Office, El Dorado County Planning and Building Department, and the El Dorado County Environmental Management Department have agreed to partner with HHSA to demonstrate local agency collaboration to carry out the Tobacco Ordinance and Retail Zoning program activities.
CAO RECOMMENDATION:
Approve as recommended.
FINANCIAL IMPACT:
There is no change to Net County Cost associated with this item. The ordinance includes fees that are to be paid by the tobacco retailers. Sufficient appropriations were included in the Fiscal Year 2024-25 budget for the funding and will be included in future budgets for the term of the funding agreement.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Clerk of the Board to obtain signature of Chair on one (1) original Resolution and return to 3057 Briw Road, Suite B, Contracts Unit and to HHSA-grant@edcgov.us.
STRATEGIC PLAN COMPONENT:
N/A
CONTACT
Olivia Byron-Cooper, MPH, Director, Health and Human Services Agency