REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
September 9, 2025
FROM
JASON ANDERSON, District Attorney
SUBJECT
Title
Grant Agreement with the California Office of Traffic Safety for the San Bernardino County Alcohol and Drug Impaired Driver Vertical Prosecution Program
End
RECOMMENDATION(S)
Recommendation
1. Approve Grant Agreement (State Agreement No. DI26026) with the California Office of Traffic Safety for the San Bernardino County Alcohol and Drug Impaired Driver Vertical Prosecution Program, in the amount of $892,000, for the period of October 1, 2025 through September 30, 2026.
2. Authorize the District Attorney, as required by the California Office of Traffic Safety, to electronically sign and submit the Grant Agreement, and any subsequent non-substantive amendments, on behalf of the County, subject to review by County Counsel.
3. Adopt Resolution approving the Grant Agreement and authorizing the District Attorney, as required by the California Office of Traffic Safety, to electronically sign and submit the Grant Agreement, and any subsequent non-substantive amendments, on behalf of the County, subject to review by County Counsel.
4. Authorize the Auditor-Controller/Treasurer/Tax Collector to post the necessary budget adjustments as detailed in the Financial Impact section (Four votes required).
5. Direct the District Attorney to transmit the Grant Agreement and any subsequent non-substantive amendments to the Clerk of the Board of Supervisors within 30 days of execution.
(Presenter: Michael Fermin, Chief Assistant District Attorney, 382-3662)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). The $892,000 grant award will fund the cost of two Deputy District Attorneys and one District Attorney Senior Investigator assigned to the San Bernardino County Alcohol and Drug Impaired Driver Vertical Prosecution Program (Program), along with Driving Under the Influence (DUI) testing costs, for the period of October 1, 2025 through September 30, 2026. There is no local match associated with the grant. Although the grant award was $39,858 less than budgeted in the FY25-26 Recommended Budget, the Department will cover staffing costs through salary savings, update future recommended budgets accordingly, and account for the revenue loss in its monthly projections.
BACKGROUND INFORMATION
The California Office of Traffic Safety (OTS) grant will provide funding for the Program. This Program allows for two Deputy District Attorneys to file and prosecute alcohol and drug impaired driving cases throughout each step of the criminal process. These cases range from misdemeanor DUI through felony DUI. Actions for each case include working with law enforcement agencies to provide guidance during investigation, initial case review, case filing, prosecution, and eventual sentencing. This is the fourth year of the grant that the Department has been funded for a District Attorney Senior Investigator that will be used to consult and offer assistance on all Driving Under the Influence of Drugs (DUID) related issues, including, but not limited to reviewing police reports, responding to the scene of a traffic fatality, offering strategies in prosecutions and case presentations, and testifying as an expert in court.
The Department's participation in the Program will continue the sharing of information, through roundtable discussions, with law enforcement personnel throughout the county, with the goal to reduce alcohol/drug-involved traffic fatalities and injuries throughout the county. In the roundtable discussions, law enforcement personnel are able to discuss challenges encountered and seek guidance on various laws regarding impaired driving. The Department has been receiving grant funds from OTS annually for this purpose since 2012.
On January 28, 2025 (Item No. 29), the Board of Supervisors (Board) approved the Department's grant application to OTS requesting grant funding for the period of October 1, 2025 through September 30, 2026. On July 24, 2025, the Department was notified of a tentative grant award awaiting final OTS management approval. If OTS management makes significant changes to the Grant Agreement, the Department will return to the Board for approval. It is anticipated the grant agreement will be ready for electronic signature prior to the start of the grant period of October 1, 2025.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Daniella Hernandez, Deputy County Counsel, 387-5455) on August 15, 2025; Auditor-Controller/Treasurer/Tax Collector (Charlene Huang, Auditor-Controller Manager, 382-3196) on August 15, 2025; and County Finance and Administration (Kathleen Gonzalez, Administrative Analyst, 387-5412) on August 22, 2025.