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HomeMy WebLinkAbout05 - Acceptance of Grant Funds from the California Department of Alcoholic Beverage Control's ABC -OTS Grant ProgramQ SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report November 24, 2020 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: Jay Short, Deputy Chief, jshort@nbpd.org PHONE: 949-644-3750 TITLE: Resolution No. 2020-99: Acceptance of Grant Funds from the California Department of Alcoholic Beverage Control's ABC -OTS Grant Program ABSTRACT - The Police Department requests City Council accept the California Department of Alcoholic Beverage Control ("ABC") Office of Traffic Safety ("OTS") FY 2020-21 grant award in the amount of $17,500, and authorize the Chief of Police to execute grant documents subject to approval as to form by the City Attorney. RECOMMENDATION: 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) Accept the ABC -OTS FY 2020-21 grant award in the amount of $17,500, and authorize the Chief of Police to execute grant documents subject to approval as to form by the City Attorney; c) Approve Budget Amendment No. 21-019 to increase revenue estimates by $17,500 in the ABC grant account, No. 01035352-431472-G2102 and to increase expenditure appropriations by the same amount in the Detective Division; and d) Adopt Resolution No. 2020-99, 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 2020-2021 Office of Traffic Safety 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. 2020-99: Acceptance of Grant Funds from the California Department of Alcoholic Beverage Control's ABC -OTS Grant Program November 24, 2020 Page 2 FUNDING REQUIREMENTS: There is no impact on the General Fund. If approved, the attached budget amendment increases the ABC -OTS grant revenue estimates by $17,500 and increases expenditure appropriations by the same amount in the account and object codes listed below: ACCOUNT OBJECT AMOUNT 01035355-713002-G2102 Overtime: Safety $17,500 Total FY 2020-21 ABC APP Grant $17,500 DISCUSSION: Background: The California Department of Alcoholic Beverage Control issues grant awards of up to $20,000 to police departments annually as part of their ABC -OTS Grant Program. Funding for this project comes from the Office of Traffic Safety through the National Highway Traffic Safety Administration. This grant is intended to be used solely for overtime for targeted alcohol enforcement. The City of Newport Beach and its Police Department have been the prior recipient of ABC's Alcohol Partnership in Policing grant. This is the first time the City has received a grant award from the ABC -OTS Grant Program. Analysis: As of September 19, 2020, there are 438 active retail ABC licenses in the City of Newport Beach. In 2019, the Newport Beach Police Department made a total of 3,402 arrests. Of those, 351 arrests were for driving under the influence (DUI) and 417 were for drunkenness and/or other alcohol-related violations. That amounts to over 21 % of the year's total arrests being attributed directly to alcohol. The Police Department has placed considerable focus on community outreach in order to maintain open lines of communication with owners and operators of the local retail alcohol establishments. The ABC -OTS grant award will allow the Police Department to focus on prevention and enforcement by educating retail alcohol establishments on issues such as over -service, underage drinking, and ABC condition violations while utilizing the following 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. 5-2 Resolution No. 2020-99: Acceptance of Grant Funds from the California Department of Alcoholic Beverage Control's ABC -OTS Grant Program November 24, 2020 Page 3 • Minor Decoy Operations - A minor decoy, under the direct supervision of law enforcement officers, attempts to purchase alcoholic beverages from licensed premises. • 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. 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 Attachment C — Resolution No. 2020-99 5-3 Attachment A STATE OF CALIFOR90 — ELUR dES$, M SUMERSERVEfiESrAN6}fC]i�91NQAr-9W Y mgy m,. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 (916)419-2500 October 8, 2020 Chief Jon T. Lewis Newport Beach Police Department 870 Santa Barbara Drive Newport Beach, CA 92660 Re: ABC -OTS Grant Program Dear Chief Lewis: We are pleased to inform you that your agency has been selected to participate in the Department of Alcoholic Beverage Control's ABC -OTS Grant Program. Funding for this project comes from the Office of Traffic Safety through the National Highway Traffic Safety Administration. We anticipate operations to begin upon completion of a mandatory 4 -hour training and the re -opening of your jurisdiction due to COVID-19. Funding will conclude on August 31, 2021. Your operations officer will be contacted by someone from ABC to advise them of the date/location of the regional training to explain how to run the programs and complete the required grant reporting documents. If you have questions, please contact Supervising Agent David Bickel via email at david.bickel(aabc.ca.gov. To expedite the issuance of your contract please review and complete the enclosed ABC -OTS Grant Program Information Sheet. You can mail, fax, or email this information to our Grant Coordinator, Diana Fouts-Guter, at 3927 Lennane Drive, Suite 100, Sacramento, CA 95834, Fax: (916) 928-7625, or email her at Diana.fouts- guteraabc.ca.gov. We will also need a resolution from your agency's governing body. Since these resolutions typically must be put on your governing body's calendar, we ask that you do this as soon as possible. We appreciate your prompt response and look forward to working with your agency. Sincerely, Eric Hirata Director Enclosure 5-4 aEWPoRT ATTACHMENT B 01 1City of Newport Beach 10 n z BUDGET AMENDMENT °li l rovkx" 2020-21 BA#: 21-019 Department: Police ONETIME: ❑] Yes ❑ No Requestor: Jay Short, Deputy Chief Approvals ❑ CITY MANAGER'S APPROVAL ONLY Finance Director: Datel / 14 /2, A COUNCIL APPROVAL REQUIRED City Clerk: Date EXPLANATION FOR REQUEST: ro increase revenue estimates and expenditure appropriations from the approval and acceptance of the California ❑ from existing budget appropriations department of Alcoholic Beverage Control (ABC) 2020-21 Alcohol Policing Partnership Program (APP) Grant. from additional estimated revenues ❑ from unappropriated fund balance Increase o"ecrease $ 17,500.00 No Change In Fund Balance 5-5 ATTACHMENT C RESOLUTION NO. 2020- 99 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 2020/2021 OFFICE OF TRAFFIC SAFETY 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 ("Grant") in the amount of seventeen thousand five hundred dollars ($17,500) in furtherance of ongoing alcohol education and enforcement efforts to be funded in part from funds made available through the FY 2020/2021 Office of Traffic Safety ("OTS") Grant Program through the National Highway Traffic Safety Administration, 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 desires to approve a budget amendment to account for the Grant; 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 accepts the Grant made available through the ABC—OTS Grant 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, and to take any further action to secure payment and implementation of Grant funds. 5-6 Resolution No. 2020 - Page 2 of 3 Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 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 November, 2020. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE C - Aaron C. Harp City Attorney 5-7