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Home My WebLink About05 - Acceptance of Grant Funds from the California Department of Alcoholic Beverage ControlQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report August 24, 2021 Agenda Item No. 5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org PREPARED BY: Joe Cartwright, Deputy Chief, jcartwright@nbpd.org PHONE: 949-644-3750 TITLE: Resolution No. 2021-73: Acceptance of Grant Funds from the California Department of Alcoholic Beverage Control /_1 16"t I:f_Tel 6 The Newport Beach (Police Department) see California Department of Alcoholic Beverage Policing Partnership Program (APP) grant award RECOMMENDATION: seek City Council approval to accept the Control (ABC) FY 2021-2022 Alcohol in the amount of $24,830. a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve the grant and accept the California Department of Alcoholic Beverage Control (ABC) 2021-2022 Alcohol Policing Partnership Program (APP) grant award in the amount of $24,830.00, and authorize the Chief of Police to execute the agreement; c) Approve Budget Amendment No. 22-003 to increase revenue estimates by $24,830.00 in the ABC grant account, No. 01035352-431472-G2202 and to increase expenditure appropriations in the amount of $22,330.00 in Detective Division Overtime account, 01035355-713002-G2202; and $2,500.00 in the Detective Division Special Department Expense account, 01035355-841046-G2202; and d) Adopt Resolution No. 2021-73, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Acceptance of the California Department of Alcoholic Beverage Control's FY 2021-2022 Alcohol Policing Partnership Grant Program Award, and Authorizing the Chief of Police to Act as "Authorized Agent" to Execute on Behalf of the City Grant Documents Necessary to Secure Payment and Implementation of Grant Funds to Supplement the Police Department's Alcohol Education and Enforcement Efforts. 5-1 Resolution No. 2021-73: Acceptance of Grant Funds from the California Department of Alcoholic Beverage Control August 24, 2021 Page 2 DISCUSSION: Background: In 1995, the California Department of Alcoholic Beverage Control (ABC) began offering grant assistance to law enforcement agencies in order to increase the level of alcoholic beverage law enforcement by working in partnership with cities and counties. Communities with a high concentration of alcohol outlets experience a greater number of alcohol-related problems. ABC's mission for the grant program is to work with these law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminating the crime and public nuisance problems associated with problem alcoholic beverage outlets and then institutionalize those approaches within the local police agency. Analysis: In 2020, the Newport Beach Police Department made a total of 2,691 arrests. Of those, 351 arrests were for driving under the influence and 259 were for drunkenness and/or other alcohol-related violations. That amounts to over 23 percent of the year's total arrests being attributed directly to alcohol. As of June 29, 2021, there are 434 active retail ABC licenses in the City of Newport Beach. Of those, 369 are on -sale (consumption on property) and 65 are off -sale (consumption off property). These numbers represent an average of approximately one ABC license for every 196 residents. Past grant awards were a tremendous asset that allowed the Police Department the opportunity to put an emphasis on ABC enforcement. Its most recent ABC APP grant in FY 2019-20 was cut short by the COVID-19 pandemic. Since the pandemic began to affect the area in March of 2020, new challenges have surfaced in educating establishments and conducting enforcement. The Police Department's goal moving forward is to focus on education as establishments rebuild and hire new staff. Education, regular enforcement, and a strong relationship with the ABC are important components to maintaining compliance among the local retail alcohol establishments. To execute the grant, the Police Department will utilize proven ABC enforcement strategies: • IMPACT (Informed Merchants Preventing Alcohol -Related Crime Tendencies) Inspections - Inspections of ABC -licensed premises for compliance with State and local laws, primarily focused on licensee education • Minor Decoy Operations - A minor decoy, under the direct supervision of law enforcement officers, attempts to purchase alcoholic beverages from licensed premises 5-2 Resolution No. 2021-73: Acceptance of Grant Funds from the California Department of Alcoholic Beverage Control August 24, 2021 Page 3 Shoulder Tap Operations - A minor decoy, under the direct supervision of law enforcement officers, solicits adults outside ABC -licensed stores to buy the minor decoy alcoholic beverages Undercover Operations - Plain clothes investigators act as bar and restaurant patrons in order to investigate violations of local and state laws Saturation Patrols - Additional patrols by uniformed officers, a strategy effectively used on the Balboa Peninsula during the busy summer months and holidays FISCAL IMPACT: There is no impact on the General Fund. If approved, the attached budget amendment increases the ABC APP grant revenue estimates by $24,830 and increases expenditure appropriations by the same amount in the account and object codes listed below: ACCOUNT OBJECT AMOUNT 01035355-713002-G2202 Overtime: Safety $22,330 01035355-841046-G2202 Special Dept. Exp. $2,500 Total FY 2021-22 ABC APP Grant $24,830 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Grant Award Letter Attachment B — Budget Amendment No. 22-003 Attachment C — Resolution No. 2021-73 5-3 ATTACHMENT A .elj.J�4I h +4*;IRiNWI� .kflipwq Ili�iW DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 (916) 419-2500 June 10, 2021 Chief Jon T. Lewis Newport Beach Police Department 870 Santa Barbara Drive Newport Beach, CA 92660 Dear Chief Jon T. Lewis: Gaym _K,a,r5afrL Go4emw �r Congratulations! Your agency has been selected by the Department of Alcoholic Beverage Control (ABC) to receive funding for your 2021/2022 Alcohol Policing Partnership (APP) grant proposal. Due to the ongoing Coronavirus (COVID-19) Pandemic, ABC has cancelled the annual in-person APP Training Conference originally scheduled for July 2021. However, this year we will be providing a virtual APP Conference that will last two -days from July 13th to 14th, 2021. Your ABC agent assigned to your agency will be in contact with you for additional information regarding the conference. A grant contract will be forthcoming in the next couple of weeks which requires a resolution, order, motion, ordinance or other similar document from your local governing body authorizing execution of the agreement. Due to the fact that these resolutions typically have to be put on your governing body's calendar, we ask that you do this as soon as possible. Please note that the total budget amount requested in the Request for Proposal was reduced by $2,500 to reflect the unused Travel/Registration Fees due to the cancellation of the conference. In addition, due to the impact this pandemic has had on our budget, please note that the grant contract is contingent upon continued funding being available throughout the term of the contract. Once again, ABC appreciates your understanding during the COVID-19 Pandemic and we look forward to working with your agency. If you have any questions, please call Kristine Okino, Grant Coordinator at (916) 419-2572 or email at Kristine. okino(a)abc.ca.gov. Sincerely, �Alo I Eric Hirata Director Cc: Sgt. Randall Parker, Project Director 5-4 �EWPoRr ATTACHMENT B City of Newport Beach > T BUDGET AMENDMENT CqC/FOh�`P 2021-22 BA#: 22-003 Department: Police ONETIME: F Yes ❑ No Requestor: Joe Cartwright, Deputy Chief Approvals ❑ CITY MANAGER'S APPROVAL ONLY / 9� Finance Director: Date -7 / El COUNCIL APPROVAL REQUIRED City Clerk: Date EXPLANATION FOR REQUEST: To increase revenue estimates and expenditure appropriations from the approval and acceptance of the California ❑ from existing budget appropriations Department of Alcoholic Beverage Control (ABC) 2021-22 Alcohol Policing Partnership Program (APP) Grant. E] from additional estimated revenues ❑ from unappropriated fund balance REVENUES Fund # Org Object 010 01035352 431472 Project Description G2202 POLICE SUPPORT SERVICES -ABC GRANT Increase or (Decrease) $ 24,830.00 EXPENDITURES Fund # Org Object 010 01035355 713002 010 01035355 841046 Project Description G2202 DETECTIVES - OVERTIME SAFTY & 1/2 TIME G2202 DETECTIVES - SPECIAL DEPT EXPENSE NOC Subtotal $ 24,830.00 Increase or (Decrease) $ 22,330.00 2,500.00 FUND BALANCE Fund # Object _ Description 010 300000 'GENERAL FUND - FUND BALANCE CONTROL Subtotal $ 24,830.00 Increase or (Decrease) $ - Subtotal $ No Change In Fund Balance 5-5 ATTACHMENT C RESOLUTION NO. 2021- 73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL'S FY 2021/2022 ALCOHOL POLICING PARTNERSHIP GRANT PROGRAM AWARD, AND AUTHORIZING THE CHIEF OF POLICE TO ACT AS "AUTHORIZED AGENT" TO EXECUTE ON BEHALF OF THE CITY GRANT DOCUMENTS NECESSARY TO SECURE PAYMENT AND IMPLEMENTATION OF GRANT FUNDS TO SUPPLEMENT THE POLICE DEPARTMENT'S ALCOHOL EDUCATION AND ENFORCEMENT EFFORTS WHEREAS, the City of Newport Beach ("City") through its Police Department desires to accept a grant award in an amount not to exceed twenty-five thousand dollars ($25,000) in furtherance of ongoing alcohol education and enforcement efforts to be funded in part from funds made available through the FY2021/2022 Alcohol Policing Partnership grant program ("Grant") administered by the California Department of Alcoholic Beverage Control ("ABC"); WHEREAS, the City Council desires to authorize the City's Chief of Police to act as the City's authorized agent to execute required Grant documents, subject to approval as to form by the City Attorney; and WHEREAS, ABC requires that the City Council accept the Grant and authorize execution of Grant documents by resolution. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby accept the Grant made available through the Alcohol Policing Partnership program administered by ABC. Section 2: The City Council does hereby authorize the Chief of Police to act as the City's "Authorized Agent" with the authority to execute on behalf of the City the Grant documents, subject to approval as to form by the City Attorney, and take any other actions necessary to secure payment of and implementation of the Grant funds. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 5-6 Resolution No. 2021 - Page 2 of 2 Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 24th day of August, 2021. Brad Avery Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE Aa n C. Harp , City Attorney 5-7