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HomeMy WebLinkAbout2016-109 - Authorizing the Acceptance of the California Department of Alcoholic Beverage Control FY 2016-2017 Grant Assistance Program Grant Award and Authorizing the Chief of Police to Act as “Authorized Agent” to Execute on Behalf of the City Any ActionRESOLUTION NO. 2016-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL FY 2016/2017 GRANT ASSISTANCE PROGRAM GRANT AWARD AND AUTHORIZING THE CHIEF OF POLICE TO ACT AS "AUTHORIZED AGENT" TO EXECUTE ON BEHALF OF THE CITY ANY ACTIONS NECESSARY TO SECURE PAYMENT OF AND IMPLEMENT THE GRANT 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 forty eight thousand one hundred ninety one dollars ($48,191) in furtherance of ongoing alcohol education and enforcement efforts to be funded in part from funds made available through the FY 2016/2017 Grant Assistance Program ("GAP") administered by the California Department of Alcoholic Beverage Control ("ABC"), WHEREAS, on July 12, 2016, the City Council approved the agreement ("Agreement"), a copy of which is attached hereto, containing the terms and conditions for the Grant, authorized the Chief of Police to execute the Agreement, and approved a budget amendment to account for the Grant; and WHEREAS, ABC requires that the City Council's approval of the Agreement and authorization to execute the Agreement be made 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 Grant Assistance Program and administered by ABC, subject to the terms and conditions of the Agreement. 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 Agreement and any actions as they relate to securing payment of and implementing the Grant. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: The Grant funds received hereafter shall not be used to supplant other expenditures controlled by this body. Resolution No, 2016-109 Page 2 of 2 Section 5: The Grant award is not subject to local hiring freezes. Section 6: 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 7: The City Council finds the adoption of this resolution is exempt from environmental review under 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(b)(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. Section 8: 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 13th day of September, 2016. ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Attachment: Grant Agreement D ne B. Dixon Mayor ATTACHMENT A STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06103) Munccmen: wul�tltH 16G-LA25 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL City of Newport Beach through the Newport Beach Police Department 2. The term of this July 1, 2016 through June 30, 2017 Agreement is: 3. The maximum amount $48,191 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 Exhibit B — Budget Detail and Payment Provisions Exhibit C* — General Terms and Conditions Check mark one item below as Exhibit D: F01 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 (*), are hereby incorporated by reference and made part o1 this agreement as if attached hereto. These documents can be viewed at www dos ca eovloWResources/StandardContractLanguaoe asox IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto, CONTRACTOR CONTRACTOR'S NAME III other dean an individual, stale whether a corporation, partnership, ea,.) City of Newport Beach through the Newport Beach Police Department Jon T. Lewis, Chief 870 Santa Barbara Drive Newport Beach. CA 926 of DATE SIGNED(no mmgp,) SIGNING STATE OF CALIFORNIA I Control rwN ItU NAME AND TITLE OF PERSON SIGNING Randall Deems, Assistant Director, Administration ADDRESS 3927 Lennane Drive, Suite 100, Sacramento CA 95834 APPROVED AS TO Ila Department of General Services Use Only By, Aaron C. Harp, City Attorney SCM 4.04.(A)(3) Exhibit A � w Summary- The ummaryThe Newport Beach Police Department services the City of Newport Beach, which is considered the coastal center of Orange County. The City covers an area of approximately 24 square miles of land and is comprised of distinct residential and commercial areas. These areas include: the John Wayne Airport commercial district, the Balboa Peninsula, Manner's Mile, Balboa Island, Corona del Mar, Fashion Island, and Newport Coast. Combined, these areas make Newport Beach one the most attractive destination resorts on the West Coast. In addition to the City's full-time resident population of approximately 85,186, summertime crowds can easily reach in excess of 100,000. It is also common for the City's prominent eating and drinking establishments to be a focal point for this additional summertime population. The Newport Beach Police Department provides the City with a full service law enforcement agency of 142 authorized sworn officers. These officers act under the direction of the Chief of Police. The Department is divided into four divisions: Patrol, Traffic, Support Services, and the Detective Division. ABC oversight is the responsibility of Vice and Intelligence staff working in the Special Investigations Unit within the Detective Division. This unit is comprised of (1) Detective Sergeant, (2) Vice and Intelligence Detectives, and (3) Narcotics Detectives. In addition, the Department added a Police Civilian Investigator assigned to Vice and Intelligence in January, 2015. Approximately 50% of the Civilian Investigator's duties include alcohol related matters. The Newport Beach Police Department has been the fortunate recipient of three previous grants from the Department of Alcoholic Beverage Control. This grant assistance proved to be an invaluable resource to the Police Department, as it has helped to develop the expertise needed by law enforcement personnel to effectively handle the City's ABC matters. As a result, the Police Department has successfully addressed numerous public safety and quality of life issues as they relate to the City's ABC licensed establishments. It is also important to note that while doing so, the Police Department has significantly fostered the working relationship they have with-other-C'ity departments, -as well as -the Department of Alcoholic Beverage Control. --- As of March, 2016, there are 438 active retail ABC licenses in the City of Newport Beach. Of those, 373 are on - sale (36 of those boats and 6 instructional tasting), and 65 are off -sale. These numbers represent an average of 1 ABC license for every 194 residents. Newport Beach's reputation as a premier destination resort certainly contributes to what many would call an "over concentration" of retail alcohol establishments. Newport Beach has long been known for its fine restaurants and active night life, which is a main attraction for many. These establishments are patronized by not only our largely affluent, full-time resident population, but college students, vacationers, and day visitors as well. Although the City's alcohol establishments certainly enhance business and tourism, it is fair to say that they also create certain challenges for public safety. It is the goal of the Newport Beach Police Department to work with the Department of Alcoholic Beverage Control, the City, as well as the ABC establishments in Newport Beach to create an environment that protects the health, safety, and welfare of the Community. The purpose of this proposal is to request $48,191 in grant assistance from the Department of Alcoholic Beverage Control, for the project period of July 1, 2016, to June 30, 2017. The Newport Beach Police ' License figures were taken from the Raw Data Exportprovided on the ABC website. Ad-hoc queries yield different results. 2 1 NBPD Gmat Application Exhibit A Department will effectively utilize the grant award to enhance the ongoing efforts being made to address ABC matters in the City. The proposed project will focus on alcohol-related problems such as over -service, underage drinking, and ABC condition violations at retail alcohol establishments on the Balboa Peninsula. To do so, the project will utilize the following ABC enforcement strategies: IMPACT Inspections, Minor Decoy Operations, Shoulder Tap Operations, and additional undercover operations. The project will also place an emphasis on "Saturation Patrols" by uniformed officers. This strategy has been used on the Balboa Peninsula during the busy summer and holiday months and has proven to be an effective enforcement tool. Licensee Education on Alcohol and Drugs (LEAD) training will also be a component of this proposal. The objectives will be measurable and should result in a reduction of alcohol-related crimes associated with the City's retail alcohol establishments. Problem Statement: In 2015, the Newport Beach Police Department made a total of 3,523 arrests. Of those, 449 arrests were for driving under the influence and 694 were for drunkenness and/or other alcohol-related violations. That amounts to over 32% of the year's total arrests being attributed to alcohol. Within the City of Newport Beach, the NBPD has identified the Balboa Peninsula as a problem area in terms of alcohol-related issues. The Peninsula represents only 13% of our overall City population and only 6% of the total land area, but 31 % of all arrests are made on the Peninsula. Specifically, 29% of all DUI arrests, 60% of all Drunkenness arrests, and 68% of all Liquor Law arrests. Those aren't the only unsettling statistics. NBPD Officers wrote 74% of all alcohol-related citations, and 76% of all public urination citations on the Peninsula. The Balboa Peninsula is also located within 10 miles of several major institutions of higher education, such as UC Irvine, Vanguard University, Concordia University Irvine, Orange Coast College, and Coastline Community College. Due to the proximity of these colleges, many students who are of or near the legal drinking age choose to live and recreate on the Peninsula. Clearly, these facts and statistics represent not only an enormous drain on police resources, but a major quality of life concern for our residents. We believe these numbers justify why the City's alcohol-related issues remain a top priority for local officials and community members. One way the Police Department is currently addressing these issues is by working closely with the City Planning Department personnel to impose Conditional Use Permit conditions for new businesses. These conditions are specifically targeted towards preventing alcohol-related problems and work in unison with the conditions imposed on the alcoholic beverage license by the Department of Alcoholic Beverage Control. In 2011, the City developed and adopted an "Operator's License Ordinance," an additional tool the Police Department can utilize to bring problem operators into compliance. The Operator's License, the first of its kind in Orange County, is issued to the operator of an ABC licensed establishment by the Chief of Police and can be conditioned as necessary to ensure the health, safety and welfare of the Community is protected. The license can also be restricted or revoked should the operator/establishment become a chronic violator. To date, the Police Department has processed 22 Operator's Licenses for new ABC licensed establishments with 1 more application currently pending. The Police Department has also placed considerable focus on Community outreach in order to maintain an open line of communication with the owners/operators of the local retail alcohol establishments. The Vice and Intelligence Investigators look forward to attending regular meetings for local restaurant and tavern owners, as well as assisting with LEAD training for the local restaurants, bars, and off -sale locations. These efforts have provided the owners/operators of these establishments invaluable training and information, which allows them to stay current on important topics that may affect their business. Even with these proactive measures in place, the Police Department has found regular enforcement efforts are 3 1 NBPD Grant Application Exhibit A perhaps one of the most important components to maintaining compliance among the local retail alcohol establishments. Throughout the course of the previous ABC grants, the Police Department has utilized various ABC enforcement strategies in an effort to curtail the alcohol-related incidents associated with these establishments. These ongoing enforcement efforts have been effective; however, the over -concentration of ABC licensed establishments (particularly on the Balboa Peninsula) are still a factor as evidenced by the Department's 1,143 alcohol-related arrests in 2015. Upon closer review of these arrests, it is evident much of the problem can be attributed to the over service/over consumption of alcoholic beverages at on -sale licensed establishments; specifically, at such Balboa Peninsula bars as The Blue Beet, The Stag, Baja Sharkeez, Cassidy's, Mutt Lynch's, Woody's Wharf, and American Junkie where our calls for service are the highest. Many of the arrestees that were booked for drunk in public, assaults, and DUI identified these establishments as the locations where they had been drinking prior to their arrest. In addition to over servicetover consumption at these establishments, such factors as overcrowding, violations of ABC/City Use Permit (CUP) conditions, and service to minors also played a significant role in the Police Department's calls for service during the peak bar hours of 10 p.m. to 2 a.m. Previous investigations at these establishments have revealed that many operators become less vigilant, with regard to these factors, without regular "bar checks" by uniformed patrol officers. Vice and Intelligence Investigators plan to conduct at least one IMPACT inspection a week moving forward. Proiect Description: The proposed project aims to utilize ABC enforcement strategies to address the City's alcohol-related issues as they pertain to over service, underage drinking, and ABC condition violations. It is the intent of the Police Department to have the Vice and Intelligence staff work closely with an assigned Grant Assistant Program (GAP) investigator to coordinate and fulfill the following objectives: • Based on statistics, crimetarrest reports, and other gathered intelligence, the Vice and Intelligence Unit will identify on -sale establishments that were the "location of last drink" and organize two (2) operations with ABC personnel that will focus their efforts on education regarding over service. Each operation will consist of at least one, two -person team and will target several predetermined establishments. • The Special Investigations Unit will facilitate two (2) undercover operations, which will target establishments where reports of ABC/CUP condition violations and narcotic related activity have contributed to police -related activity/calls for service. The operations will also focus on any other problems that may be the result of a current trend. • The Vice and Intelligence Unit will facilitate two (2) Trap Door operations to target minors who are either attempting to purchase alcohol or trying to enter a bar or nightclub with a false ID. During the operation, the officers will work directly with employees of ABC licensed establishments to detect and then cite the person in possession of the false ID. • The Vice and Intelligence Unit will conduct two (2) Minor Decoy and/or Shoulder Tap operations to address problems related to underage drinking. • The Vice and Intelligence Unit will utilize uniformed patrol personnel to conduct eight (8) Saturation Patrols at various licensed establishments throughout the Balboa Peninsula. These patrols will provide 4 1 NBPD Grant Application Exhibit A a high visibility presence as they conduct "bar checks" for ABC related violations. The patrols will take place during the busy summer and holiday months and each will consist of two uniformed officers who will be trained on ABC laws and enforcement procedures. The Vice and Intelligence Unit will organize at least two (2) LEAD classes, in which the owners/operators, managers, and employees of local ABC licensed establishments will be provided with free training on alcohol responsibility and the law. • Conduct at least seventy-five (75) IMPACT (Informed Merchants Preventing Alcohol -Related Crime Tendencies) investigations. Prosect Personnel: During the grant period, the Vice and Intelligence Unit will be staffed by two tenured sworn investigators, Robert Bennett and David Mock, as well as Police Civilian Investigator, Wendy Joe. Their supervising officer is Special Investigations Sergeant, Brad Miller. These investigators will have the primary responsibility for successfully fulfilling the goals and objectives of the 2016/2017 ABC grant. Investigators Bennett, Mock, and Joe are also tasked with several other ABC related duties such as: (1) coordinating all reports linked to ABC licensed establishments, (2) working with ABC licensing representatives on new applications, (3) Community outreach and training police personnel, (4) attending City meetings for new ABC licensed establishments and recommending conditions of approval with respect to the alcoholic beverage service, (5) testifying at Planning Commission and City Council hearings regarding ABC establishments, and (6) all other enforcement as it pertains to the sale and service of alcoholic beverages at retail alcohol establishments. In addition to the Vice and Intelligence investigators, the grant will be used to dedicate 2 uniformed officers, on an over -time assignment, for visibility and saturation patrols focusing mainly on Balboa Peninsula bars. The presence of these officers at problem locations has proven to be a very effective way of curtailing alcohol- related incidents during peak bar hours. The saturation patrol objectives will be directed by the Vice and Intelligence Unit, who will also provide the uniformed officers with the necessary training on ABC laws/procedures. It is our belief these patrols, coupled with continued education and other enforcement efforts will have a positive impact on reducing police calls for service as they pertain to these ABC licensed establishments. The officers will not be subjected to unrelated calls for service and can remain dedicated to ABC enforcement. Based on the extreme prevalence of ABC establishments and alcohol-related issues in the City, it is evident that there is a continued need for ABC related enforcement. It is also fair to say that past/present emphasis given to ABC matters has been a tremendous asset, not only to the Police Department and the City, but to the Department of Alcoholic Beverage Control as well. To that end, the Police Department believes all of the stakeholders would greatly benefit if these existing efforts were continued by way of the Grant Assistance Program. Even though the primary responsibility of the grant objectives would belong to the Vice and Intelligence Unit, the Newport Beach Police Department is prepared to allocate the personnel resources necessary (both uniformed and undercover) to fulfill the grant objectives. It is our ultimate goal to proactively deal with the City's alcohol-related issues in order to protect the health, safety and welfare of the Community. 5 1 NBPD Grant Application 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 Investigator Bennett @ 4 hours weekly $55.80 per hour (10%) is $11,606 per FY $11,606 Investigator Mock @ 4 hours weekly $58.71 per hour (10%) is $12,213 per FY $12,213 A.2 Overtime Overtime Estimate 224 hours @ approximately $78 per hour $17,472 A.3 Benefits None TOTAL PERSONNEL SERVICES $41,291 B. Operating Expenses (maximum $2,500) $2,500 1. Decoy Operations, Shoulder Tap Operations, and Narcotic Investigations "buy money" (as needed). TOTAL OPERATING EXPENSES $2,500 C. Equipment (maximum $2,500) (Attach receipts for all equipment purchases to monthly billing invoice) 1. IPAD (or similar): to assist with field operations $500 2. Wire: listening device to assist with undercover investigations $800 3. Laptop computer: to assist with field investigations and report writing $1,100 TOTAL EQUIPMENT $2,400 D. Travel Expense/Registration Fees (maximum $2,500) (Registration fee for July 2016 GAP Conference attendee is $275 each) 1. Registration for July 2016 GAP Conference: 2 Attendees at $275 each $550 2. Travel, per diem, and lodging for the July GAP Conference $1450 TOTAL TRAVEL EXPENSE $2,000 TOTAL BUDGET DETAIL COST, ALL CATEGORIES $48,191 6 1 NBPD Grant Application PAYMENT PROVISION Page 1 of 2 Exhibit B 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 2016. 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. PAYMENT PROVISION Page 2 of 2 Exhibit B 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:-cansiderations under this_Agmement and Contractor shall not_be_obli_gated toperfor_m 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 W19/16 Exhibit D Special Terms and Conditions 1. 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 2016, 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 http:)/www.dgs.ca.gov/ols/Resources/StandardContractLanguage aspxx . 5. 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 2/19/16 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2016-109 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th day of September, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None ABSENT: Council Member Curry IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14`h day of September, 2016. Leilani I Brown, MMC City Clerk Newport Beach, California (Seal)