HomeMy WebLinkAbout2019-66 - Authorizing the Acceptance of the California Department of Alcoholic Beverage Control FY 2019-20 Alcohol Policing Partnership Grant Award and Authorizing the Chief of Police to Act as "Authorized Agent" to Execute on Behalf of the City any DocumRESOLUTION NO. 2019-66
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 2019-20 ALCOHOL POLICING PARTNERSHIP
GRANT AWARD AND AUTHORIZING THE CHIEF OF
POLICE TO ACT AS "AUTHORIZED AGENT" TO
EXECUTE ON BEHALF OF THE CITY ANY DOCUMENTS
AND TAKE ANY ACTION NECESSARY TO SECURE
PAYMENT AND IMPLEMENTATION OF 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 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 FY 2019-2020 Alcohol Policing
Partnership ("APP") grant program administered by the California Department of Alcoholic
Beverage Control ("ABC");
WHEREAS, on July 9, 2019, 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 APP 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, as well as any other related documents, and take 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.
Resolution No. 2019-66
Page 2 of 2
Section 4: The Grant funds received hereafter shall not be used to supplant
other expenditures controlled by this body.
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, clauses or phrases be declared invalid or unconstitutional.
Section 7: 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 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 9th day of July, 2019. 3
lane B. Dixon
Mayor
ATTEST:
�dkW'JNO,,
Leilani I. Brown
City Clerk
APP OVED AS TO FORM:
CIT ATTORNEY'S O ICE
ar n C. Harp
City Attorney
Attachment: Exhibit 1- Grant Agreement
EXHIBIT 1
STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable)
STD 213 (Rev. 03/2019) 19G-LA26
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
CONTRACTOR NAME
City of Newport Beach through the Newport Beach Police Department
2. The term of this Agreement is:
START DATE
July 1, 2019
THROUGH END DATE
June 30, 2020
3. The maximum amount of this Agreement is:
$25,000
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.
EXHIBITS
TITLE
PAGES
Exhibit A
Scope of Work
4
Exhibit B
Budget Detail and Payment Provisions
3
Exhibit C
General Terms and Conditions GTC 04/2017
04/2017
Exhibit D
Special Terms and Conditions
1
gems shown wan an asrernSu I-), are nereoy incorporarea oy rererence ona moae part or this agreement as it attached hereto.
These documents can be viewed at https.//www.das.co.gov/OLS/Resources
IN WITNESS WHEREOF, THISAGREEMENT HAS BEEN EXECUTED BY THE PAR7IES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)
City of Newport Beach through the Newport Beach Police Department
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
870 Santa Barbara Drive APPROV£OASTO FORMS Newport Beach CA 92660
PRINTED NAME OF PERSON SIGNING 0 ff Y A, TO of wo flu- TITLE
Jon T. Lewis Chief
CONTRACTOR AU HORIZE SIGNA !!!!4HQEP�CltyAt-.Tley DATE SIGNED
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Department of Alcoholic Beverage Control
CONTRACTING AGENCY ADDRESS
3927 Lennane Drive, Suite 100
CITY
Sacramento
STATE
CA
ZIP
95834
PRINTED NAME OF PERSON SIGNING
Pattye Nelson
TITLE
Chief, Business Management Branch
CONTRACTING AGENCY AUTHORIZED SIGNATURE
DATE SIGNED
CALIFORNIA DEPARTMENT or GENERAL SERVICES APPROVAL
EXEMPTION (If Appkablc)
pane 1 of 1
SCOPE OF WORK
Summary:
Exhibit A
The 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, Balboa Village, Mariner's Mile, Balboa Island, Corona del Mar, Fashion Island, and Newport
Coast. Combined, these areas make Newport Beach one of the most attractive resort destinations 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 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 147
authorized sworn officers (annual budget document attached). These officers act under the direction of the Chief
of Police, Jon T. Lewis. The police department is divided into four divisions: Patrol, Traffic, Support Services,
and the Detective Division. ABC oversight is the responsibility of the Special Investigations Unit within the
Detective Division. This unit is comprised of (1) Detective Sergeant, (2) Detectives, and (1) Investigator. The
position of the Police Civilian Investigator was added in 2015 specifically to investigate alcohol related
problems due to the high concentration of alcohol licenses in our city.
The purpose of this proposal is to request $25,000 in grant assistance from the Department of Alcoholic
Beverage Control, for the project period of July 1, 2019 — June 30, 2020. Our project goals are as follows: (1)
conduct visible and impactful enforcement and education in our retail alcohol establishments, (2) train our
Department's patrol staff on Alcohol laws, and (3) target underage drinking and illegal purchasing of alcoholic
beverages by minors utilizing trusted strategies of the Department of the Alcoholic Beverage Control.
As of March 19, 2019, there are 360 active retail ABC licenses in the City of Newport Beach. Of those, 294 are
on -sale and 66 are off -sale. These numbers represent an average of 1 ABC license for every 237 residents.
Newport Beach's reputation as a premier destination resort area contributes to an over concentration of retail
alcohol establishments. The city's alcohol 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 challenges for public
safety and our residents' quality of life.
Problem Statement:
In 2017, the Newport Beach Police Department made a total of 3,315 arrests. Of those, 351 arrests were for
driving under the influence and 496 were for drunkenness and/or other alcohol-related violations. That amounts
to over 26% of the year's total arrests being attributed directly 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 Balboa
Peninsula represents only 13% of our overall city population and only 6% of the total land area, but 31% of all
arrests are made in this area.
Exhibit A
The Balboa Peninsula is found to have undue concentration in regards to crime and alcohol licenses. The Police
Department divides the city into areas referred to as Reporting Districts (RD) that allow the Police Department
to create statistical data as well as better communicate officer locations while policing. The most impacted area
of the peninsula is located within Reporting District 15, which stretches geographically from 37th Street to 20th
Street and includes the Newport Pier area. The RD's Crime Count reported to ABC annually is 670, which
ranks 1st in the city at 401% over the city-wide crime count average of 134. The nexus to crime involving
alcohol is high in this area as well. DUI, Public Intoxication, and liquor law violations alone make up 39% of
arrests in this reporting district. This area is also represented within Census Tract 635.00. This census tract has
the highest undue concentration of alcohol licenses compared to all other areas in our city. This census tract has
an approximate population of 5,726 residents with 75 active retail alcohol licenses. This indicates a per capita
ratio of 1 license per every 76 residents, exceeding the Orange County benchmark of 1 license per 467
residents.
Being a beach community with a lively pier -side commercial area, the Newport Beach Peninsula naturally
attracts a younger crowd. Our most popular restaurants and bars such as Sharkeez, The Stag Bar, Malarky's,
Cassidy's and the Blue Beet market themselves to attract a twenty -something demographic. Also unique to the
area is the number of nearby colleges and universities. UC Irvine, Vanguard University, Concordia University
Irvine, Orange Coast College, and Coastline Community College are all within miles of the Balboa Peninsula.
Many students who are of or near the legal drinking age choose to live and recreate in Newport Beach and
therefore, underage drinking is a significant concern in this area.
The California Office of Traffic Safety (OTS) annually provides collision ranking results of all cities. In 2016,
the City of Newport Beach was grouped into a category of other cities with 50,000 to 100,000 residents.
According to their numbers. Newport Beach ranked 55 out of 104 cities in terms of number of alcohol -involved
collisions. However, Newport Beach ranked 3`d in collisions where the driver was under the age of 21. That is a
significant statistical jump. In 2018, Newport Beach Police Officers cited 28 people under 21 years of age for
being a minor in possession of alcohol, and another 15 for being in possession of false identification.
Conducting more frequent operations focused solely on combatting underage drinking and alcohol problems
would undoubtedly reveal many more citations and potential life-saving educational opportunities.
Another unique problem related to the specific location is the growing homeless population. It is common for
people under 21 years of age to ask adult individuals to purchase alcohol for them from the various off -sale
establishments. One of our specific goals is to educate local retail establishments on this growing issue and
conduct shoulder tap operations that are followed up with press releases.
Past grant awards were a tremendous asset that allowed us the opportunity to put an emphasis on ABC
enforcement. Since our most recent grant in FY 2016-2017, we have continued enforcement efforts and conduct
Shoulder Tap Operations, Minor Decoy Operations, Trap Door Operations, and undercover operations annually.
Recent Minor Decoy Operations resulted in 4 establislunents recei►,ing fines in lieu of Suspension from ABC.
Our goal moving fiorw-ard is to build upon the knowledge we've gained thus lar, and continue to put our
resources towards underage drinking as well as ether alcohol-iU, ated problems, Regular enforcement and a
strong relationship with the Department of Alcohol Beverage Control are the most important components to
maintaining compliance among the local retail alcohol estabiisliments and creating change.
Exhibit A
The Special Investigations Unit enjoys a positive working relationship with the Orange County District
Attorney's Office. The District Attorney has filed every citation we have submitted and will continue to
prosecute any ABC related cases we submit in the future.
Project 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 Special Investigations Unit staff work closely with an assigned Grant Assistant Program
(GAP) Investigator to coordinate and fulfill the following objectives;
• Conduct four (4) 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.
• Conduct three (3) Minor Decoy operations to address problems related to alcohol service to minors.
• Conduct two (2) Shoulder Tap operations to address problems with adults furnishing alcoholic
beverages to minors.
Issue at least four (4) press releases outlining the Grant award and/or operation result details aimed at
educated the public.
* Provide roll call training to all patrol officers on ABC education, prevention, and enforcement
measures, so that more officers become educated and will continue to focus on alcohol concerns after
the grant period has been completed.
+ Conduct four (4) undercover operations, which will target establishments where reports of ABC related
conditional use permit violations and narcotic related activity have contributed to police -related activity
and increased calls for service. The operations will also focus on any other problems that may be the
result of a current trend.
• Utilize uniformed patrol personnel to conduct at least five (5) saturation patrols within the Balboa
Peninsula area. These patrols will provide a high visibility presence as they conduct "bar checks" and
build relationships with restaurant and bar staff in the community. The patrols will take place during
the busy summer months and holidays, and each will consist of two (2) uniformed officers who will be
trained on ABC laws and enforcement procedures.
• Organize at least two (2) classes focusing on responsible beverage service, 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 fifty (50) IMPACT (Informed Merchants Preventing Alcohol -Related Crime
Tendencies) inspections.
Exhibit A
Proiect Personnel:
The primary responsibility for the Grant will rest upon the Special Investigations Unit, specifically Sergeant
Randall Parker, Detective Dave Mock, Detective Damian Shaddow and Investigator Wendy Joe. These
employees will be directly responsible for the grant's success and fulfilling the goals and objectives of the
2019/2020 grant. Detective Mock and Investigator Joe were also responsible for the successful completion of
the grant awarded to Newport Beach Police Department in FY 2016/2017, which received recognition for
"Significant Achievement Under the ABC Grant Assistance Program",
Sergeant Randall Parker been a police officer for 18 years with the Newport Beach Police Department. He has
worked drug or alcohol enforcement for 12 of those 18 years. As a sergeant, he supervises the Special
Investigations Unit, which investigates narcotics crimes, alcohol-related issues, prostitution, human trafficking,
and intelligence concerns.
Detective David Mock has been a police officer for 22 years, the last six with the Newport Beach Police
Department. He has worked as a Patrol Officer, Property Crimes Investigator, Gang Investigator, and is now a
Detective within the Special Investigations Unit. Detective Mock has led operations involving alcohol since
2015.
Detective Damian Shaddow holds a Bachelor's Degree. He has been a police officer for ten years, the last five
with the Newport Beach Police Department. He has worked as a Patrol Officer and now as a Detective in the
Special Investigations Unit. In 2018, Detective Shaddow was awarded "Street Level Case of the Year" by the
California Narcotics Officers Association.
Investigator Wendy Joe has been employed with the Newport Beach Police Department for 18 years and is
currently assigned to the Special Investigations Unit. Investigator Joe actively participates in ABC field
operations and also managed the FY 2016/2017 grant administratively. She works directly with City Planning
and Alcoholic Beverage Control Licensing to ensure establishments are conditioned fairly and effectively. She
routinely speaks at Planning Commission meetings on behalf of the Newport Beach Police Department.
The grant will be used to dedicate two uniformed officers to conduct saturation patrols focusing on bars and
restaurants. The saturation patrol objectives will be directed by the Special Investigations Unit, who will also
provide the uniformed officers with the necessary training on ABC laws and procedures.
The Newport Beach Police Department's Explorer Unit regularly provides volunteer personnel under 20 years
of age who will participate in decoy operations.
Even though the primary responsibility of the grant objectives would belong to the Special Investigations Unit,
the Newport Beach Police Department is prepared to allocate additional personnel and resources necessary to
fulfill the grant objectives, and build upon its groundwork. It is our ultimate goal to continue to proactively
deal with the city's alcohol-related issues.
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
None
A.2 Overtime
Overtime Estimate 300 hours @ approximately $75 per hour
$22,500
A.3 Benefits
None
TOTAL PERSONNEL SERVICES
$22,500
B Operating Expenses (maximum $2,500)
TOTAL OPERATING EXPENSES
$0
C Equipment (maximum $2 500)
(Attach receipts for all equipment purchases to monthly billing invoice)
TOTAL EQUIPMENT
$0
D. Travel Expense/Registration Fees (maximum $2,500)
(Registration fee for July 2019 APP Conference attendee is $325 each)
1. Registration for July 2019 APP Conference: 2 Attendees at $325 each
$650
2. Travel, per diem, and lodging for the July APP conference
$1850
TOTAL TRAVEL EXPENSE
$2500
TOTAL BUDGET DETAIL COST, ALL CATEGORIES
$25,000
PAYMENT PROVISION
Pagel 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 2019.
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.
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 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 1/17/19
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.
Contract Validity: This contract is valid and enforceable only if adequate funds are
appropriated in Item 2100-101-3036, Budget Act of 2019, for the purposes of this program.
4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with
the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document
may be viewed at https://www.dgs.ca.gov/OLS/Resources/page-Content/Office-of-Legal-Services-
Resources-List-Folder/Standard-Contract-language .
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 2/20/19
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
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; the foregoing resolution, being Resolution
No. 2019-66 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 9th day of July, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 101h day of July, 2019.
aat�j,
Leilani I. Brown
City Clerk
Newport Beach, California