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HomeMy WebLinkAbout55E - RESO - ABC FUNDSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 05, 2017 TITLE: APPROVED APPROPRIATION ADJUSTMENT AND ❑ As Recommended As RESOLUTION ACCEPTING L1Or Amended ❑ Ordinance on 151 Reading DEPARTMENT OF ALCOHOLIC ❑ Ordinance on 2ntl Reading BEVERAGE CONTROL FUNDS ❑ Implementing Resolution (STRATEGIC PLAN NO. 1, 3B) ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY WNAGER RECOMMENDED ACTION 1. Adopt a resolution authorizing the City Manager and Chief of Police to enter into a one- year agreement with the Department of Alcoholic Beverage Control (ABC), and execute any assurances and/or documents required for said agreement for the purpose of financing the ABC Grant Assistance Program (GAP) to fund the ABC Grant program, for the period of July 1, 2017 through June 30, 2018, for an amount not exceed $100,000. 2. Appropriation adjustment recognizing $100,000 in revenue for the Alcoholic Beverage Control Grant Assistance Program and allocating the same to the various expenditure accounts. DISCUSSION The Santa Ana Police Department was successful in obtaining a FY 2017-18 Department of Alcoholic Beverage Control (ABC) Grant Assistance Program (GAP) grant to mitigate alcohol related crime and provide a safer environment in the areas around licensed establishments. The City of Santa Ana has 419 active retail licenses issued by the Department of Alcoholic Beverage Control (ABC). The funds provided by the grant will allow the Santa Ana Police Department to accomplish the following goals: 1. Reduce the number of alcohol related crimes within the City 2. Identify and successfully prosecute ABC licensed establishments that violate the law 3. Provide a safer environment in the areas around licensed establishments for residents and visitors 4. Reduce the demand on limited resources caused by alcohol related incidents throughout the City These goals will be attained by working in conjunction with our local ABC office and conducting programs which have proven successful in cities throughout California in deterring alcohol related offenses. These programs encompass working with ABC licensed establishments to educate them on how to reduce alcohol related crimes at their place of business. 55E-1 Department of Alcoholic Beverage Control Grant July 5, 2017 Page 2 The grant will also provide funds for SAPD problem oriented policing officers to hold meetings with different neighborhood communities in order to uncover possible problems related to ABC licensed establishments and discuss enforcement strategies. The services funded by this grant will be completed primarily by the SAPD Special Enforcement Team and will not affect normal patrol functions. The one-year agreement will commence on July 1, 2017 and end June 30, 2018. The $100,000 will be used for officer overtime ($92,500), training ($2,500), and operating materials and supplies ($5,000). STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Goal #1 Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing, enforcing and reducing criminal activity and traffic collisions). FISCAL IMPACT The appropriation adjustment approved in the resolution will recognize $100,000 in Department of Alcoholic Beverage Control Grant funds in revenue account (no. 12814002 52025), and appropriating same to expenditure accounts (nos. 12814415- various), for FY 2017-18. D in Acting Chief of Police Santa Ana Police Department Exhibits 1. Agreement 2. Resolution APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, `� r. Executive Director Finance and Management Services Agency 55E-2 STATE OF CALIFORNIA STANDARD AGREEMENT STO 213 (Rev Waal 1. This Agreement Is entered Into between the Stale DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL Exhibit 1 AGREEMENTNUMBER 17C-LA44 REGISTRATION NUMBER City of Santa Ana through the Santa Ana Police Department 2. The term of this July 1, 2017 through June 30, 2018 Agreement Is: 3. The maximum amount $ 100,000 of this Agreement is: 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A– Scope of Work 4 page(s) Exhibit B – Budget Detail and Payment Provisions Exhibit C'– General Terms and Conditions Check mark one item below as Exhibit D: ®Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) Exhibit - D' Special Terms and Conditions Exhibit E – Additional Provisions 3 page(s) GTC 610 1 page(s) page(s) Items shown with an Asterisk (J, are hereby incorporated by reference and made part orthis agreement as if attached hereto. These documents can be viewed of www dns ca oov/ols/Resources/SrandardConfractLenouane asox IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME Flalharlhan an ladWwt afar, who/her a carp,,rjw. partnarshiA alc.) City of Santa Ana through the Santa Ana Police Department I IV SIGNING James Schnahl, Acting Chief 60 Civic Center Plaza Santa Ana, CA 92702 STATE OF CALIFORNIA AGENCY NAME Department of Alcoholic Beverage Control Chief, Business Management Branch 3927 Lennanc Drive, Suite 100, Sacramento CA 95834 A=DTO lairl Bogosian Assistant City Attorney —,,pd Cynthia Kurtz Interim City Manager 55E-3 Use Only ® Exempt par: SCM 4.04.(A)(3) Maria D. Huizar Clerk of the Council Exhibit A SCOPE OF WORK The Santa Ana Police Department (SAPD) serves the City of Santa Ana which has a population of approximately 342,930. The Department serves a densely populated community with a median age of 29.1 years old according to the 2010 Census. This is the youngest median age of any city over 250,000 people in the state. Currently, our agency consists of 314 sworn officers, led by the Chief of Police, Carlos Rojas, and 3 Deputy Chiefs, 13 commanders, 36 sergeants, 51 corporals and 210 officers. We also operate our own 512 bed jail, staffed by 78 non -sworn full and 18 part-time Correctional Officers. The Department has four bureaus (Administration, Investigations, Field Operations, and Jail) and the Office of the Chief of Police. We have a Special Enforcement Team (SET) comprised of 15 officers that focuses on quality of life issues which includes dealing with alcohol related crimes as well as narcotics, gang, and vice offenses. The City of Santa Ana is 27.3 square miles located in an urban setting. According to the California State Department of Finance, Demographic Research Unit, 01/01/2016, our population of 342,930 is approximately 78.2% Hispanic, 9.2% White, 1.0% Black, .2% American Indian, and 10.4% Asian; approximately 30.7% of our population is under 18 years of age and approximately 62.5% of the population is between 18 and 65 years of age according to the US Census. Santa Ana is the County seat and second most populous city in Orange County. The core of the city is the downtown area, which contains retail stores, restaurants, bars and housing. This is also home to the Santa Ana Civic Center, which is a dense campus of administrative buildings for the city, County of Orange, state, and federal agencies. There are a total of 419 active retail licenses issued in Santa Ana by the California Department of Alcoholic Beverage and Control (10 of them are R64139 or surrendered) . There are 169 off -sale licenses and 250 on -sale licenses issued to establishments in our city by ABC. In order to accomplish our goals and objectives, we are requesting $100,000 in grant funding. The funds provided by the grant will allow the Santa Ana Police Department to accomplish the following goals: 1) Reduce the number of alcohol related crimes within the City of Santa Ana. 2) Identify and successfully prosecute ABC licensed establishments who violate the law. 3) Provide a safer environment in the areas around licensed establishments for residents and visitors. 4) Reduce the drain on limited resources caused by alcohol related incidents throughout the city. These goals will be attained by completing the following objectives: • Conduct at least 8 MINOR DECOY programs at ABC licensed establishments. • Conduct at least 3 roll call trainings to our patrol officers regarding ABC laws and how to enforce them. • Coordinate and conduct 5 IMPACT/ROSTF (Informed Merchants Preventing Alcohol Related Crime Tendencies) operations to educate licensees on how to reduce alcohol related crimes in their establishments. • Organize at least five (5) community meetings; hold an ask/answer session regarding possible problems related to ABC licensed establishments. This will be done in conjunction with our regular neighborhood meetings attended by problem oriented policing officers. • Coordinate and conduct 8 "Trap Door" operations. 55E-4 Exhibit A • Conduct 8 "Shoulder Tap" operations at ABC establishments identified as problematic. • Schedule and coordinate 2 LEAD programs throughout the city. • Conduct 20 discretionary/undercover operations while working alongside ABC agents to enforce alcohol related violations and successfully prosecute those ABC licensed establishments who operate outside the legal parameters. Problem Statement: Funding of this project will allow the Santa Ana Police Department to continue to address alcohol related concerns throughout our city. There are 419 active retail licenses issued in Santa Ana by the California Department of Alcoholic Beverage and Control (ABC). There are 169 off -sale licenses and 250 on -sale licenses issued to establishments in our city by ABC. With the ABC Grant received in 2015/2016, numerous locations have been identified as problem establishments that generate multiple calls for service or are committing alcohol related violations such as selling alcohol to minors. The problematic locations were found throughout the city with the larger calls for service relating to ABC license locations. We identified four establishments which have generated over 100 calls for service or officer initiated contacts from January 1, 2016 to December 31, 2016. These issues were addressed with the 2015/2016 ABC grant and the number of calls for service are less than 2015 so the new grant will provide funds to continue to reduce the calls for service and provide a better quality of life for the community. There are also several liquor stores throughout Santa Ana which attract individuals who congregate and commit alcohol related violations. Residents continue to complain about their quality of life suffering due to these ongoing problems. Even though we have conducted IMPACT inspections and enforcement operations to combat the problem, more work is necessary. The ABC Grant will allow the SAPD to continue education, training and enforcement to reduce or eliminate alcohol related violations associated with ABC licensed establishments. As with the 2015/2016 ABC Grant, we will work in cooperation with ABC agents to determine the problem locations and address the issue as a team. This year, the SAPD Special Enforcement Team (SET) will participate in the ABC state-wide March "shoulder tap" operation in collaboration with ABC agents in our city. The Santa Ana Police Department regularly receives complaints from concerned citizens, business owners, and others of alcohol related problems such as loitering, public intoxication, assaults, property crimes, driving under the influence and alcohol related traffic collisions. We will use funds from the ABC Grant to address these problems. Our intent is to use the ABC funding to fight these types of alcohol related crimes which drain our resources and adversely affect our residents. The number of calls for service in which the consumption of alcohol is often a contributing factor is significant. Most ABC licensed establishments in our city are responsible and adhere to the law; however, there are some which strain our limited resources due to excessive calls for service. There have been and continue to be numerous complaints of minors both buying and getting adults to buy them alcoholic beverages from many of our liquor stores. During the 2015/2016 ABC Grant we were able to address some of these issues and as a result of general enforcement, undercover, shoulder tap, decoy and trap door operations, approximately 171 persons were arrested for various alcohol and narcotic related violations. Utilizing the 2015/2016 grant, SAPD also conducted 35 IMPACT inspections at locations identified as problem establishments and take the opportunity to inform the retailers about pertinent regulations. With the new ABC Grant, we will continue to address these issues starting with two LEAD training sessions at the beginning of the project period to educate as many ABC licensees to reduce violations under their control. SAPD recognizes that some of our ABC licensed establishments have Spanish speaking employees and because of this reason we will provide a translator at one of the LEAD classes. 55E-5 Exhibit A An emphasis will be placed on long term undercover operations in ABC licensed establishments with a proven record of violations. The continuing enforcement of ABC and alcohol related laws at and near ABC licensed establishments will ensure our efforts to keep Santa Ana residents and visitors safer will succeed. Proiect Descrintion: If successful in obtaining the ABC grant, SAPD would implement the following plan: Conduct at least 8 MINOR DECOY programs at ABC licensed establishments. Funding will also be utilized to conduct minor decoy operations at off -sale and on -sale establishments within our city. These establishments will be identified by SET officers who routinely have contact with community members and can gather intelligence regarding illegal sales of alcohol to minors. The minor decoy operations will be conducted with the assistance of ABC agents and within SAPD policy and procedure as well as ABC guidelines pursuant to the California Code of Regulations, Title 4, Division 1, Section 141 (Minor Decoy Requirements). The need to continue monitoring our licensees was demonstrated by 2015/2016 decoy operations which resulted in an on sale unsuccessful rate of 42.9% and an off sale unsuccessful rate of 29.4%. 2. Conduct 3 roll call training sessions to our patrol officers regarding ABC laws and how to enforce them. SET officers, accompanied by ABC agents will present information to SAPD patrol officers during various roll call sessions. The information will instruct officers regarding pertinent ABC laws, and effective report writing to establish and prosecute ABC violations. With the last ABC Grant we received, at least 57 patrol officers attended roll call training while assisting our detail with related operations. Coordinate and conduct 5 IMPACT/ROSTF (Informed Merchants Preventing Alcohol Related Crime Tendencies and Retail Operating Standards Task Force) operations to educate licensees on how to reduce alcohol related crimes in their establishments and to verify compliance. After receiving pertinent training, contact and inform ABC licensed establishments of their responsibilities regarding the sale of alcohol. During these inspections other agencies such as Code Enforcement, Employment Development Department and Department of Industrial Relations will be invited to gain the maximum effect and compliance. 4. Organize at least five (5) community meetings; hold an ask/answer session regarding possible problems related to ABC licensed establishments. This will be done in conjunction with our regular neighborhood meetings attended by problem oriented policing officers. SET officers commonly attend neighborhood meetings throughout the city pertaining to neighborhood watch, gang issues, and school functions. Officers will take the opportunity to speak with residents regarding problematic ABC licensed establishments, accessibility of alcohol to minors, drinking in public and other alcohol related issues. 5. Coordinate and conduct 8 "Trap Door" operations. There are various ABC on -sale licensed establishments in our city. A few of these establishments attract minors who enter the club or bar illegally with false ID's and consume alcohol. SET officers will work directly with employees of these establishments and cite the person trying to use the false ID and if possible the person who provided it. 55E-6 Exhibit A 6. Conduct 8 "Shoulder Tap" operations at ABC establishments identified as problematic. In conjunction with.local ABC agents, SAPD SET officers will coordinate undercover operations in an attempt to have a minor solicit adults to buy alcohol beverages for them at ABC licensed establishments. The undercover operation will be within the policies and procedures of SAPD as well as ABC guidelines. Schedule and coordinate 2 LEAD programs throughout the city. SET officers will organize and with the assistance of local ABC agents, provide a preventive and educational program pertaining to alcohol responsibility and the law. Our state of the art police facility building has a community room which could hold the attendees of the LEAD program we host. A Spanish translator will be available at one of the classes to ensure the many Spanish speaking employees of our ABC licensed establishments have the opportunity to receive the proper training. 8. Conduct 20 discretionary/undercover operations and work alongside ABC agents to enforce alcohol related violations and successfully prosecute those ABC licensed establishments who operate outside the legal parameters. The undercover operations we undertook in 2015/2016 year yielded numerous arrests for CPC 647(f), BP 25658(a), BP 25602(a), BP 25661, BP 25662(a) and various alcohol related municipal codes and narcotic violations. These arrests occurred inside and in the vicinity of on -sale and off -sale establishments. During the project period, SAPD will evaluate our progress on a continuous basis and ask for local ABC input so that we attain the desired results. SET officers will maintain all reports and data related to the ABC grant and will share the information with ABC on a continuous basis. Project Personnel: The services funded by this grant will be completed primarily by the SAPD Special Enforcement Team (SET). SET is a unit staffed by sworn officers who concentrate their efforts on solving community quality of life issues. Officers from this detail regularly attend community meetings and address the public's concerns. Each officer on the detail has been chosen to be a member of SET based on their expertise, work ethic, and demonstrated high level of professionalism. The SET team will also work closely with our 6 member Vice Unit to assist us in meeting our objectives set for this plan. The Santa Ana Police Department has long enjoyed an excellent working relationship with ABC agents. Through our established partnership, we will accomplish our goals as set forth in this grant. For each operation under this grant, we will utilize 3-8 officers from SET or Vice and we will be working in uniform as well as in an undercover capacity in 4-8 hour increments. Utilizing undercover personnel will give us the advantage and we will be able to gather evidence on possible ABC, narcotic, and vice violations. The Santa Ana Police Department will work collaboratively with ABC agents to assist in our operations. The following members of the SAPD Special Enforcement Team will be involved with this project: Commander Ken Gominsky #2126 Corporal Gonzalo Garcia #2222 Corporal Oscar Lizardi #2629 Police Officer Joe Castellanos #3080 Police Officer James Marquez #3328 Police Officer David Thai #3321 Police Officer Peter Beaumarchais #3315 Police Officer Manuel Delgadillo #2322 Sgt. Jay Miller #1637 Police Officer Judith Valdez #3243 Police Officer Gerardo Rodarte #1621 Police Officer Matthew Chitjian #3165 Police Officer Cassandra Hawkins #3179 Police Officer Greg Beaumarchais #3265 Police Officer Collin Reedy #3346 Police Officer Elizabeth Granados #3166 55E-7 BUDGET DETAIL Exhibit B BUDGET CATEGORY AND LINE -ITEM DETAIL COST (Round budget amounts to nearest dollar) A. Personnel Services (Straight Time Salaries, Overtime, and Benefits) A.1 Straight Time N/A A.2 Overtime Corporal : Overtime Rate $80 X 500 hours $40,000 Officer: Overtime Rate $75 X 700 hours $52,500 A.3 Benefits all personnel combined N/A TOTAL PERSONNEL SERVICES $92,500 B. Operating Expenses (maximum $2,500) $2,500 Money for undercover purchases of alcohol and narcotics TOTAL OPERATING EXPENSES $2,500 C. Equipment (maximum $2,500) (Attach receipts for all equipment purchases to monthly billing invoice) Flash lights with UV, jewelers loupes (counterfeit identification detector), 2 digital $2,500 cameras with cases, USB thumb drives and memory cards, binoculars TOTAL EQUIPMENT 52,500 D. Travel Expense/Registration Fees (maximum $2,500) $550 (Registration fee for July 2017 GAP Conference attendee is $275 each) Travel, per diem, and lodging for the July 2017 ABC GAP conference $1,950 TOTAL TRAVEL EXPENSE $2,500 TOTAL BUDGET DETAIL COST, ALL CATEGORIES $100,000 55E-8 PAYMENT PROVISION Page I of 2 Exhibit B 1. INVOICING AND PAYMENT: Payments of approved reimbursable costs (per Budget Detail attached) shall be in arrears and made via the State Controller's Office. Invoices shall be submitted in duplicate on a monthly basis in a format specified by the State. Failure to submit invoices and reports in the required format shall relieve the State from obligation of payment. Payments will be in arrears, within 30 days of Department acceptance of Contractor performance, pursuant to this agreement or receipt of an undisputed invoice, whichever occurs last. Nothing contained herein shall prohibit advance payments as authorized by Item 2100- 101-3036, Budget Act, Statutes of 2017. 2. Revisions to the "Scope of Work" and the "Budget Detail' may be requested by a change request letter submitted by the Contractor. If approved by the State, the revised Grant Assistance Scope of Work and/or Budget Detail supersede and replace the previous documents bearing those names. No revision can exceed allotted amount as shown on Budget Detail. The total amount of the contract must remain unchanged. 3. Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor. 4. Only the costs displayed in the "Budget Detail" are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor. 5. Title shall be reserved to the State for any State -furnished or State -financed property authorized by the State which is not fully consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair, and protection of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon the expiration of this contract unless the State otherwise directs. 6. If travel is a reimbursable item, the reimbursement for necessary traveling expenses and per diem shall be at rates set in accordance with Department of Personnel Administration rates set for comparable classes of State employees. No travel outside of the State of California shall be authorized. No travel shall be authorized outside of the legal jurisdiction of Contractor without prior authorization by the State. 55E-9 PAYMENT PROVISION Exhibit B Page 2 of 2 7. Prior authorization by the State in writing is required before Contractor will be reimbursed for any purchase order or subcontract exceeding $2,500 for any articles, supplies, equipment, or services to be purchased by Contractor and claimed for reimbursement. Contractor must justify the necessity for the purchase and the reasonableness of the price or cost by submitting three competitive quotations or justifying the absence of bidding. 8. Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution. Contractor is required to acknowledge the support of the State whenever publicizing the work under the contract in any media. 9. It is understood between the parties that this contract may have been written before ascertaining the availability of appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the contracts were executed after that determination was made. 10. BUDGET CONTINGENCY CLAUSE - It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. If funding for any fiscal year is reduced or deleted by'the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. Updated 1/27/17 55E-10 Exhibit D Special Terms and Conditions Disputes: Any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director, Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State. 2. Termination Without Cause: Either party may terminate this agreement at any time for any reason upon ten (10) days written notice. No penalty shall accrue to either party because of contract termination. 3. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2017, for the purposes of this program. 4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 307, Standard Contractor Certification Clauses. This document may be viewed at 4[tp://www.dgs.ca.99—v/ols/Resources/Stand udContractLangu•tge.aspx . If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity. Updated 1/27/17 55E-11 55E-12 Exhibit 2 TB 7/5/17 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANATA ANA AUTHORIZING THE CITY MANAGER, AND THE CHIEF OF POLICE OR HIS DESIGNEE TO OBTAIN CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL GRANT FUNDS IN THE AMOUNT OF $100,000 AND TO EXECUTE AN AGREEMENT WITH THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL FOR USE OF THOSE FUNDS AND EXECUTE ANY DOCUMENTS OR ASSURANCES NECESSARY FOR OBTAINING GRANT FUNDS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The State of California Department of Alcoholic Beverage Control ("ABC') has a Grant Assistant Program for 2017-2018. As part of the GAP, local law enforcement agencies can submit enforcement plans and request funding allocations under the GAP to assist with the enforcement in priority considerations, including but not limited to, service areas where there is a high crime rate and/or an identifiable alcohol-related problems associated with ABC licensed establishments and for agencies interested in obtaining training on ABC education, prevention and enforcement measures which can be carried out after the grant cycle has been completed. B. The Santa Ana Police Department submitted a grant application for funding to reduce the number of alcohol related crimes within the City of Santa Ana, identify and successfully prosecute ABC licensed establishments that violate the law, provide a safer environment in the areas around licensed establishments for residents and visitors, and reduce the strain on limited resources caused by alcohol related incidents throughout the City. C. The City of Santa Ana has been allocated $100,000 in funds under the ABC Grant Assistance Program for 2017-2018. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and Chief of Police or his designee, on terms acceptable to the . Resolution No. 2017 -XXX Page 1 of 2 55E-13 City Attorney, to execute an Agreement with ABC for use of the 2017/2018 GAP funds in an amount not to exceed $100,000 and execute any other documents or assurances that are necessary for obtaining the grant funds. Section 3. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and/or the Chief of Police or his designee, to prepare invoices to ABC to recoup costs pursuant to the guidelines set forth in the Agreement, grant conditions and terms. Section 4. The City Council of the City of Santa Ana hereby approves an Appropriation Adjustment recognizing the 2017/2018 Alcoholic Beverage Control Department Grant Assistance Program funds in the amount of $100,000 and appropriates the same in the Alcoholic Beverage Control Department Grant Assistance Program expenditure accounts. Section 5. The City Council of the City of Santa Ana hereby agrees that any liability arising out of the performance of the Agreement for ABC 2017/2018 GAP funds shall be the responsibility of the grant recipient and the authorizing agency. The City Council recognizes that the State of California and ABC disclaim responsibility for such liability. Section 6. The City Council of the City of Santa Ana hereby agrees that the grant funds under this Agreement shall not be used to supplant expenditures controlled by this body. Section 7. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of July, 2017 APPROVED AS TO FORM: il City Resolution No. 2017 -XXX Page 2of2 Miguel A. Pulido Mayor 55E-14 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55E-15 Resolution No. 2017 -XXX Page 3 of 2 55E-16