Title
Subject: Tobacco Law Enforcement Project
From: Oakland Police Department
Recommendation: Adopt a Resolution authorizing the City Manager to accept and appropriate thirty-seven thousand dollars ($37,000) from the Alameda County Public Health Department, Tobacco Control Program for a seven-month Tobacco Law Enforcement Project within the Police Department
Body
FISCAL IMPACT
Department's Tobacco Law Enforcement Project and granted the City of Oakland S37,000 in
determined. The funds will be allocated as follows:
Description and Use of Funds Amount
Police overtime charges for sting $21,048.6-0-
operations
Civilian overtime charges for $14,735.00
administrative responsibilities
Sting Buy Operations $600.00
Supply/Copy Services $617.00
TOTAL $37,000.00
Item.
Police Department
Tobacco Control Enforcement Project Page 2
In reference to the City's mandate regarding Central Services Overhead (CSO) charges, total
CSO associated with the $35,783 (for salary and wages only) equals $3,506; (based upon a
calculation rate of 9.8%). However, according to the granting agency, indirect costs (CSO)
charges are disallowed. Therefore, the Department requests a waiver for all Central Services
Overhead charges.
BACKGROUND
In August, 1993 the Oakland City Council adopted a "Deemed Approved" program (Ordinance
No. 11624 C.M.S.) designed to improve enforcement against problem alcoholic beverage sale
establishments through a cooperative effort of the Oakland Police Department, the Office of
Planning and Building and other state and county agencies. (A portion of the fees levied against
alcohol beverage outlets for sale violations are used to fund ABAT.) The Deemed Approved
Program not only subjects alcoholic beverage establishments to specific performance (sales)
standards, it also provides education, monitoring and enforcement to licensees and is designed to
work as an administrative abatement mechanism.
In 2001, ABAT assumed additional duties associated with tobacco law enforcement by providing
educational materials to local bar and convenience store outlets and providing police officers
with training on the enforcement of tobacco laws. During calendar year 2002, the A13AT decoy
operations at Oakland liquor/convenience stores resulted in 15 stores being cited for violations of
California Penal Code Section 308, (sale of tobacco products to minors).
KEY ISSUES AND IMPACTS
The Tobacco Law Enforcement Project is expected to encompass 175 bar and liquor store
establishments within the City of Oakland. This will be accomplished through the distribution of
materials to establishment owners regarding current tobacco laws. These outreach efforts will supply
operators with the information necessary to comply with laws governing the sale and consumption of
tobacco products. When it is deemed appropriate, project participants may also conduct decoy "sting"
operations.
SUSTAINABLE OPPORTUNITIES
Economic
Supplies and reprographic needs will be purchased locally.
Successoftheprojectmayreducetheamountofsalestaxescollectedfromtobaccoproducts.
Item. Ur
Public Safety Committee
September 23, 2003
Police Department
Tobacco Control Enforcement Project Page 3
Environmental
0 As result of the enactment of the Tobacco Law Enforcement Project, air quality within each
of the targeted bars will be improved.
Equi
Promotion of the project and the distribution of materials will provide continued
reinforcement as to the perils of tobacco use.
DISABILITY AND SENIOR CITIZEN ACCESS
'Mere are no ADA or senior citizen access issues contained in this report
RECOMMENDATION
The Oakland Police Department recommends that the City Council authorize the City Manager
to accept the grant in the amount of $37,000 from the Alameda County Public Health
Department, Tobacco Control Program, appropriating said funds to the Police Department.
Respectfully submitted,
ar L. or
ef of Police
Prepared by: Candice Jessie
Administrative and Technical Services Division
Bureau of Services
APPROVED AND FORWARDED TO THE
PUBLIC SAFETY COMMITTEE:
Office of the City Manager
Item:
Public Safety Committee
September 23, 2003
Approved aa to Fom and eg ity
C: 1 ;7
OAKLAND CITY COUNCIL
F@CE
City Attomey
FIA RE&LUTION No. C.M.S.
RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND
APPROPRIATE TRIRTY-SEVEN THOUSAND DOLLARS ($37,000) FROM
THE ALAMEDA COUNTY PUBLIC HEALTH DEPARTMENT, TOBACCO
CONTROL PROGRAM FOR A SEVEN-MONTH TOBACCO LAW
ENFORCEMENT PROJECT WITHIN THE POLICE DEPARTMENT
WHEREAS, the Alameda County Public Health Department, Tobacco Control Program, has
advised the City Manager that the City of Oakland has been awarded a grant in the amount of
thirty-seven thousand dollars ($37,000) to fund a seven-month Tobacco Law Enforcement
Project within the Police Department; and
WHEREAS, the Alameda County Public Health Department, Tobacco Control Program
previously awarded grants to the Department to fund Tobacco Law Enforcement Projects within
the Police Department; and
WHEREAS, the City Council previously authorized acceptance of this similar type of grant
funds by Resolution No. 7691 5 C.M.S., dated January 8, 2002, and Resolution No. 77530
C.M. S., dated October 20, 2002, and contracted for services with Alameda County for the same;
and
WHEREAS, these new Alameda County Public Health Department funds will be used to assist
in use abatement projects in bars and provide educational materials on the illegal sale of tobacco
products to minors at liquor stores within the City of Oakland; and
WHEREAS, the proposed grant does not cover Central Services Overhead charges in the
amount of $3,506, and the Department has requested a waiver of said charges; now, therefore be
RESOLVED: That the City Council hereby authorizes the City Manager or her designee to
accept thirty-seven thousand dollars (S37,000) in Alameda County Public Health Department
funds and to appropriate said funds to the Police Department; and be it
FURTHER RESOLVED: That the grant monies shall be maintained in the Alameda County
Grant Fund: 2160; Org.: 104638; Program PS; with a Project Number to be established; and be
it
Item it
Public Safety Commiftee
September 23, 2003
Tobacco Control Enforcement Project Page 2
FURTHER RESOLVED: That the City Central Services Overhead costs of $3,506 (9.8%) are
hereby waived; and be it
FURTHER RESOLVED: That the City Manager or her designee is authorized to complete all
required negotiations, certifications, assurances and documentation required to accept, modify,
extend and/or amend the grant award; and be it
IN COUNCIL, OAKLAND, CALIFORNIA, 20
PASSED BY THE FOLLOWING VOTE:
AYES- BROOKS, BRUNNER, CHANG. NADEL, QUAN, REID, WAN and PRESIDENT DE LA FUENTE
NOES-
ABSENT-
ABSTENTION-
ATTEST:
CEDA FLOYD
City Clerk and Clerk of the Council
of the City of Oakland, California
Itemit 84
Public Safety @Committec
September 23, 2003