HomeMy WebLinkAbout04 - Acceptance of Grant Funds from the California Department of Alcoholic Beverage ControlQ SEW Pp�T
CITY OF
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z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
July 9, 2019
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org
PREPARED BY: Jay Short, Deputy Chief, jshort@nbpd.org
PHONE: 949-644-3750
TITLE: Resolution No. 2019-66: Acceptance of Grant Funds from the
California Department of Alcoholic Beverage Control
ABSTRACT -
The Police Department seeks to gain City Council approval to accept the California
Department of Alcoholic Beverage Control (ABC) FY 2019-20 Alcohol Policing
Partnership Program (APP) grant award in the amount of $25,000.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Approve the grant contract and accept the California Department of Alcoholic
Beverage Control (ABC) 2019-20 Alcohol Policing Partnership Program (APP) grant
award in the amount of $25,000, and authorize the Chief of Police to execute the
agreement;
c) Approve Budget Amendment No. 20-001 CC to increase revenue estimates by
$25,000 in the ABC grant account, No. 01035352-431472-G2002, and to increase
expenditure appropriations by the same amount in the Detective division; and
d) Adopt Resolution 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 FY2019-20Alcohol Policing Partnership GrantAward 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.
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Resolution No. 2019-66: Acceptance of Grant Funds from the
California Department of Alcoholic Beverage Control
July 9, 2019
Page 2
FUNDING REQUIREMENTS:
There is no impact on the General Fund. If approved, the attached budget amendment
increases the ABC APP grant revenue estimates by $25,000 and increases expenditure
appropriations by the same amount in the account and object codes listed below:
ACCOUNT
OBJECT
AMOUNT
01035355-713002-G2002
Overtime: Safety
$22,500
01035355-861001-G2002
Travel and Meetings
$2,500
Total FY 2019-20 ABC APP Grant $25,000
DISCUSSION:
Background:
In 1995, the California Department of Alcoholic Beverage Control (ABC) began offering
grant assistance to law enforcement agencies in order to increase the level of alcoholic
beverage law enforcement by working in partnership with cities and counties.
Communities with a high concentration of alcohol outlets experience a greater number of
alcohol-related problems. ABC's mission for the grant program is to work with these law
enforcement agencies to develop an effective, comprehensive and strategic approach to
eliminating the crime and public nuisance problems associated with problem alcoholic
beverage outlets and then institutionalize those approaches within the local police
agency.
Analysis:
As of March 19, 2019, there are 360 active retail ABC licenses in the City of Newport
Beach, an average of one ABC license for every 237 residents. The Balboa Peninsula is
home to 129 licenses, a ratio of one license per 77 residents. This high concentration of
alcohol licenses correlates with arrest statistics.
In 2018, the Newport Beach Police Department made a total of 3,455 arrests. Of those,
351 arrests were for driving under the influence (DUI) and 504 were for drunkenness
and/or other alcohol-related violations. That amounts to over 24% of the year's total
arrests being attributed directly to alcohol. The Balboa Peninsula represents only 13% of
our overall city population and only 6% of the total land area, but 32% of all arrests are
made in this area. The most impacted area of the Balboa Peninsula is located within
Police Reporting District 15, which stretches geographically from 20'" Street to 37t' Street
and includes the Newport Pier area. Alcohol-related offenses such as DUI, public
intoxication, and liquor law violations make up 39% of arrests in this reporting district.
4-2
Resolution No. 2019-66: Acceptance of Grant Funds from the
California Department of Alcoholic Beverage Control
July 9, 2019
Page 3
The Police Department has placed considerable focus on community outreach in order
to maintain open lines of communication with owners and operators of the local retail
alcohol establishments. The APP grant award will allow the Police Department to work
with retail alcohol establishments on issues such as over -service, underage drinking, and
ABC condition violations.
The Police Department will utilize the following proven ABC enforcements strategies:
• IMPACT (Informed Merchants Preventing Alcohol -Related Crime Tendencies)
Inspections - Inspections of ABC licensed premises for compliance with State and
local laws, primarily focused on licensee education
• Minor Decoy Operations - A minor decoy, under the direct supervision of law
enforcement officers, attempts to purchase alcoholic beverages from licensed
premises
• Shoulder Tap Operations - A minor decoy, under the direct supervision of law
enforcement officers, solicits adults outside ABC licensed stores to buy the minor
decoy alcoholic beverages
• Undercover Operations - Plain clothes investigators act as bar and restaurant
patrons in order to investigate violations of local and state laws
• Saturation Patrols - Additional patrols by uniformed officers, a strategy effectively
used on the Balboa Peninsula during the busy summer months and holidays
• Licensee Education on Alcohol and Drugs (LEAD) training - Classes conducted by
ABC instructors which educate employees of local bars and restaurants on
responsible beverage service
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING -
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A —Grant Award Letter
Attachment B — Contract from the Department of Alcoholic Beverage Control
Attachment C — Budget Amendment
Attachment D — Resolution No. 2019-66
4-3
ATTACHMENT A
STATE OE-CALIFORNLA — BUSI_NESS—C911SUMER.SERVICESAND-iOUSING_AGENCY . Gavin Newsom: Golemor
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419-2500 Fax (916) 419-2599
May 20, 2019
Chief Jon T. Lewis
Newport Beach Police Department
870 Santa Barbara Drive
Newport Beach, CA 92660
Dear Chief Lewis:
Congratulations! Your agency has been selected by the Department of Alcoholic
Beverage Control to receive funding for your 2019/2020 Alcohol Policing Partnership grant
proposal in the amount of $25,000. We look forward to working with your department to
meet the goals and objectives in your proposal.
A grant contract will be forthcoming in the next couple of weeks which requires a
resolution from your agency's governing body. A sample resolution was included in the
Request for Proposal packet. Due to the fact that these resolutions typically have to be
put on your governing body's calendar, we ask that you do this as soon as possible.
We are hosting a two and a half' -day training conference beginning at 8:30 A.M. on
July 9, 2019 and ending at approximately 12:00 P.M on July 11, 2019. This conference
offers valuable trainin- in alcohol enforcement and serves as an excellent opportunity for the
representatives from your agency to meet and share information with other law enforcement
personnel across the State. The conference this year is being held at the Embassy Suites
Sacramento Riverf •ont Promenacle located at 100 Capitol Mall, Sacramento. CA 95814. The
conference can accommodate up to two attendees from each agency. It is recommended that
your Project Director and an officer/deputy assigned to the grant program attend. There is a
`325.00 registration fee per person to attend the conference. This 1-ee is reimbursable
through the grant.
In order to expedite registration, attendees are encouraged to utilize a pre -registration
session in the hotel lobby on Monday, July 8. 2019 from 4:00 P.M to 5:00 P.M. Registration
will also be open on July 9, 2019 from 7:30 A.M. to 8:30 A.M.
A block of rooms at a special conference rate 01'$199.00 plus tax has been reserved
for grant agency participants.I PLEASE NOTE THAT ATTENDEES MUST MAKE
Based un State reclulations we are unable to reimburse those agencies that are within a 50 mile radius from the Embassy Suites by
I lilton Sacramento Riverfront Promenade. The distance is based on the a. -envy's physical headquarters address. Agency(s) that fall in
this category are: Lodi Police Dept, Rancho Cordova Police Dept, Sacramento Police Dept, Stockton Police Dept and Yuba
Counth Sheriff's office. Travel related reimbursable costs for the aforementioned agencies will be limited to the registration fee
onl�.
May 20, 2019
Page 2 -
RESERVATIONS
RESERVATIONS BY THE HOTEL'S DEADLINE OF JUNE 17, 2019 to guarantee the
special room rate and availability. Space at the hotel is limited and late registrants may be
referred to nearby hotels.
Participants must contact the Embassy Suites Hotel directly to make reservations.
Below are three options:
1. Your web page address is: littps://embassysuites.iiiltoti.com/en/es/croups/personalized/S/SACESES-
ABC-2019070&/intlt.\.ilitrrnl'!W'I'.mc id=POG
2. Go to www.sacramento.embassysuites.com and make a reservation using the group/convention code:
ABC.
Call (916) 326-5000 and ask for the ABC - Alcohol Policing Partnership (APP) Training Conference
discount rate.
Due to the short time frame for registering at the hotel, your prompt attention is
appreciated. The special room rate will only be available until .lune 17, 2019 or until the
group block is sold out, whichever comes first. We have also enclosed a conference
registration form to be completed and returned within the same time frame.
If you have any questions, please call grant coordinator Suzanne Pascual at
(916) 419-2572.
Sincerely,
acob Appelsmith
Director
Enclosure
Cc: Sergeant Randall Parker, Project Director
G�7
Alcoholic Beverage Control
Alcohol Policing Partnership Training Conference
July 09 -11, 2019
Registration Form
Yes, I will attend the 2019 Alcohol Policing Partnership Training Conference held at the location below.
Location: Embassy Suites by Hilton Sacramento Riverfront Promendade
100 Capitol Mall, Sacramento CA 95834
Hotel Main Line 916-326-5000
Dates/Times: Monday, July 08 - PreRegistration ......................
4:00 pm - 5:00 pm
Tuesday, July 09 - Registration .........................
7:30 am - 8:30 am
Tuesday, July 09 - Day 1 Class ........................
8:30 am - 5:00 pm
Wednesday, July 10 - Day 2 Class .....................
8:30 am - 5:00 pm
Thursday, July 11 - Day 3 Class ........................
8:30 am - 12:00 pm
(Times may vary slightly due to Agenda
classes.)
AGENCY NAME
Name 1
Address
Daytime Phone
Email Address
Name 2
Address
Daytime Phone
Email Address
Title
City/Zip
Cell
Fax
Title
City/Zip
Cell
Fax
Instructions:
1. Print/type all information clearly as name and agency will be used for identification badges.
2. Two sworn attendees allowed. We recommend Project Director & Officer assigned to awarded agency.
3. Send Registration Form as soon as possible to Grant Coordinator with or without payment so attendance is
placed on conference roster. If attendant(s) has not been selected, enter Officer 1 & Officer 2 and send to secure.
4. Mail/Email/Fax Registration Form attention to Grant Coordinator (see below).
5. Payment must be received by June 17. Contact Grant Coordinator if payment will be delayed.
6. Checks only are accepted for payment. Credit Card or Purchase Orders are not accepted.
7. Conference registration fee is 6325 per person.
8. Make checks payable to -Alcoholic Beverage Control.
9. Contact hotel separately for room reservations. This Registration Form does not secure hotel arrangements.
Department of Alcoholic Beverage Control
Attention: Suzanne Pascual, Grant Coordinator
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
Direct (916) 419-2572; Fax (916) 419-2599
1/2o19 suzanne.pascual a0abc.ca.-gov
ATTACHMENT B
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.
EXHIBJTS I TITLE PAGES
ExhibitA I Scope of Work 4
Exhibit B I Budget Detail and Payment Provisions 1 J
Exhibit C * I General Terms and Conditions GTC 04/2017 1 04/2017
Exhibit D I Special Terms and Conditions 1
Items shown with an asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at h flp�(lwwwr.das.ca.gov/9L5/Resources
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES 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
870 Santa Barbara Drive
PRINTED NAME OF PERSON SIGNING
Jon T. Lewis
CITY
Newport Beach
TITLE
Chief
CONTRACTOR AWYORVE&SIGNAT11K? I DATE SIGNED
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Department of Alcoholic Beverage Control
CONTRACTING AGENCY ADDRESS
3927 Lennane Drive, Suite 100
PRINTED NAME OF PERSON SIGNING
Pattye Nelson
STATS ZIP
CA 92660
CITY STATE ZIP
Sacramento CA 95834
TITLE
Chief, Business Management Branch
CONTRACTING AGENCY AUTHORIZED SIGNATURE I DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL
EXEMPTION (If Applicable)
4-7
Paqe 1 of 1
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Umm.
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 I 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 Operatiorrs, Minor Decoy Operations, Trap Door Operations, and undercover operations annually.
Recent Mirror Decoy Operations resulted in 4 establishments receiving lines in lieu of suspension from ABC.
Our goal moving forward is to build upon the knowledge we've gained thus far, and continue to put our
resources towards underage drinking as well as other alcohol-related problems. Regular enforcement and a
strong relationship with the DeparLnienl of Alcohol Beverage Control are the most important components to
maintaining compliance among the local retail alcohol establishments 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.
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 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.
i 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.
4-10
Exhibit A
Project 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.
4-11
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 hoursa approximately $75 per hour
$22,500
A.3 Benefits
None
-------------------------------------------------------------------
TOTAL PERSONNEL SERVICES
$22,500
B. Operating Expenses (maximum $2,500)
TOTAL OPERATING EXPENSES
$o
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
4-12
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.
4-13
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 1117/1'9
4-14
Exhibit D
Special Terms and Conditions
I . 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. !'ending 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.
. 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 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 .
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 2/20/19
4-15
t�FW PART
O� 6'
z
cgtiFoaN�P
City of Newport Beach
BUDGET AMENDMENT
2019-20
Department: Police
Requestor:
❑ CITY MANAGERS APPROVAL ONLY
21 COUNCIL APPROVAL REQUIRED
ATTACHMENT C
BA#: 20-001 CC
ONE TIME: ❑� `les ❑No
Approvals'
Prepared by: Walid HarOft
r1
Finance Director:
ate
Citv Clerk:
Date
EXPLANATION FOR REQUEST:
To increase revenue estimates and expenditure appropriations from the approval and acceptance of the California ❑from existing budget appropriations
Department of Alcoholic Beverage Control (ABC) 2019-20 Alcohol Policing Partnership Program (APP) Grant. Dfrom additional estimated revenues
❑from unappropriated fund balance
REVENUES
Fund # Org Object Project Description Increase or Decrease $
010 101035352 431472 G2002 POLICE SUPPORT SERVICES - ABC GRANT $25,000.00
Subtotal $25,000.00
EXPENDITURES
Fund # Org Object Project Description Increase or Decrease $
010 101035355 713002 G2002 DETECTIVES - OT SAFETY $22,500.00
010 01035355 861001 G2002 DETECTIVES - TRAVEL & MEETINGS NOC $2,500.00
Subtotal $25,000.00
FUND BALANCE
Fund # Object Description Increase or Decrease $
Subtotal
No Change In Fund Balance
4-16
ATTACHMENT D
RESOLUTION 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.
4-17
Resolution No. 2019 -
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.
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFFI E
C,L - C
Aaron C. Harp
City Attorney
Attachment: Exhibit 1- Grant Agreement
Diane B. Dixon
Mayor
ME
STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT
STD 213 (Rev. 03/2019)
EXHIBIT 1
AGREEMENT NUMBER
19G-LA26
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NA M E
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
PURCHASING AUTHORITY NUMBER (if Applicable)
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
,rCr113 SrrVwn Willi an uscensx I �, are nereoy rncorporareo oy rererence ana mane parr or mis agreemenras 1r atracneo nerero.
These documents can be viewed athtWsllnrw-w.das.ca.aov/OLS/Resources
IN WITNESS WHEREOF, THIS AGREEMENT NAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a co(poration, partnership, etc.)
City of Newport Beach through the Newport Beach Police Department
CONTRACTOR BUSINESS ADDRESS
CITY
STATE
870 Santa Barbara Drive
Newport Beach
CA
JZIP
92660
PRINTED NAME OF PERSON SIGNING
TITLE
Jon T. Lewis
Chief
CONTRACTOR AUT)fORI! SIGNA>R f
DATE SIGNED
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Department of Alcoholic Beverage Control
CONTRACTING AGENCY ADDRESS
CITY_]
STATE
ZIP
3927 Lennane Drive, Suite 100
Sacramento
CA
95834
PRINTED NAME OF PERSON SIGNING
TITLE
Pattye Nelson
Chief, Business Management Branch
CONTRACTING AGENCY AUTHORIZED SIGNATURE
DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL (EXEMPTION (If Applicable)
Paqe 1 of 1
4-19
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.
4-20
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 371' Street to 201'
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 Trak 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 1002000 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 3rd 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 establishments receiving fines in lieu of suspension from ABC.
Our goal moving forward is to build upon the knowledge we've gained thus far, and continue to put our
resources towards underage drinking as well as other alcohol-related 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 establishments and creating change.
4-21
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.
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 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 fiunishing 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.
4-22
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.
4-23
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 $2,50_0)
(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
4-24
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 ControlIer'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.
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.
4-25
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
4-26
Exhibit D
Special Terms and Conditions
I . 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 2I00-101-3036, 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 htti)s:l/www.dgs.ca.gov/OL5 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
4-27