Special Notice / Hearing: None
Vote Required: Majority
To: Honorable Board of Supervisors
From: Colleen Chawla, Chief, San Mateo County Health
Heather Forshey, Director, Environmental Health Services
Subject: Application and Acceptance of Tobacco Grant Funding from the California Department of Justice
RECOMMENDATION:
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Adopt a resolution authorizing:
A) The County of San Mateo to apply for and accept all available Tobacco Grant funds from the California Department of Justice for the period from September 1, 2025 through August 31, 2030; and
B) The Chief of San Mateo County Health or designee to approve and/or execute all applications, agreements, amendments, payment requests, and other documents necessary to secure Tobacco Grant funds, implement approved grant projects, and carry out related duties and responsibilities for the period from September 1, 2025 through August 31, 2030.
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BACKGROUND:
On May 23, 2023, this Board adopted Ordinance No. 4878 to update its local permitting system for tobacco retailers. This ordinance was introduced to promote compliance with state tobacco control laws, to implement new retailer requirements and restrictions set by the Board, and to protect the health and safety of San Mateo County residents. Under the County’s tobacco retailer permit ordinance, the Environmental Health Services division (EHS) of San Mateo County Health is designated as the enforcement authority. Additionally, EHS has developed and is actively enforcing a local permitting system - the Tobacco Retailer Permit Program (Program) - to ensure compliance with the County tobacco control ordinance to protect the health and safety of County residents.
EHS currently permits 196 tobacco retailers, but as cities continue to adopt the County’s ordinance, EHS’ jurisdiction and inventory of permitted retailers could grow to more than 450 retailers.
The Program is tasked with building and maintaining an inventory of tobacco retailers in jurisdictions subject to the ordinance; providing education and outreach; permitting new tobacco retailers; conducting compliance inspections, re-inspections, and complaint investigations; and enforcing the County ordinance code. The Program’s inventory is growing as more cities adopt the County’s ordinance.
DISCUSSION:
EHS’ only funding source for the Program is permitting fees established by ordinance. While these fees support the Program’s required biannual inspections, they have been insufficient to cover the extensive activities required to enforce the ordinance with respect to tobacco retailers in cities that have recently adopted the County’s ordinance and insufficient to cover the costs of developing formal Standard Operating Procedures for the Program’s administration and enforcement. Additionally, ensuring that retailers are complying with the County’s flavored tobacco ban has been particularly challenging. The Tobacco Grant funding will supplement the Program budget and fund tobacco enforcement and administration.
Grantees are generally allowed a three-week turnaround to execute a grant agreement. Authorization is being requested to allow the Chief of San Mateo County Health or designee, on behalf of the County, to approve all documents necessary for the purposes of securing grant funds, to implement grant projects, and to carry out the purposes specified in the grant applications for the period of September 1, 2025 through August 31, 2030, provided that such applications, agreements, amendments, and payment requests are reviewed by the County Attorney’s office.
The County Attorney has reviewed and approved the resolution as to form.
It is anticipated that 100% of required enforcement actions will be completed.
PERFORMANCE MEASURE:
|
Measure |
FY 2024-2025 Actual |
FY 2025-2026 Estimated |
|
Percent completion of required enforcement actions (permit suspension, fines levied, etc.) |
100% 4 facilities |
100% 53 facilities |
COMMUNITY IMPACT:
This funding will positively impact the welfare of San Mateo County residents by enforcing policies that reduce the density and proximity of tobacco retailers. High retailer density and close proximity to homes increase smoking rates and make quitting more difficult. Implementation of tobacco enforcement and monitoring of retailer compliance will help reduce youth tobacco sales and may help address inequities in the location and distribution of tobacco retailers throughout the County. The Program has significantly impacted the County by providing outreach to all tobacco retailers in our jurisdiction, removing unauthorized products from sale and display at these retailers, and evaluating new applications for exclusionary criteria.
FISCAL IMPACT:
The anticipated appropriations and grant revenue will be added to EHS’ FY 2025-26 Approved Budget using an Appropriation Transfer Request pending the awarding of the grant. Anticipated appropriations and grant revenue will be incorporated into recommended budgets in future years if the grant is awarded. There is no Net County Cost associated with this resolution.