HomeMy WebLinkAbout06 - Acceptance of Funds from the California Department of Alcoholic Beverage ControlCITY OF
NEWPORT BEACH
City Council Staff Report
TO:
FROM:
PREPARED BY:
PHONE:
TITLE:
ABSTRACT:
July 12, 2016
Agenda Item No. 6
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Jon Lewis, Chief of Police — 949-644-3701, jlewis@nbpd.org
Jay Short, Lieutenant
949-644-3778, jshort@nbpd.org
Acceptance of Funds from the California Department of Alcoholic
Beverage Control
The Police Department seeks to gain City Council approval to accept the California
Department of Alcoholic Beverage Control (ABC) 2016/2017 Grant Assistance Program
(GAP) grant award in the total amount of $48,191.
RECOMMENDATIONS:
a) Determine that the 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 it 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) 2016/2017 Grant Assistance Program (GAP) grant award in
the total amount of $48,191, and authorize the Chief of Police to execute the
agreement; and
c) Approve Budget Amendment No. 17BA-002 to increase revenue estimates by
$48,191 in Account No. 01035352-431472-G1702 and to increase expenditure
estimates by the same amount in the expenditure accounts listed in the staff report.
6-1
Acceptance of Funds from the
California Department of Alcoholic Beverage Control
July 12, 2016
Page 2
FUNDING REQUIREMENTS:
The Budget Amendment records and appropriates $48,191 in additional revenue from
the ABC GAP Grant and $48,191 in increased expenditure appropriations.
The revenue will be posted to the ABC GAP FY17 Account No. 01035352-431472-
G1702 and the expenditure appropriations will be posted to the expenditure accounts
shown below:
ACCOUNT
OBJECT
AMOUNT
01035352-713002-G1702
Overtime: Safety
$41,291
01035352-841046-G1702
Special Dept. Exp.
$2,500
01035352-861001-G1702
Travel & Meetings
$2,000
01035352-911024-G1702
Equipment
$2,400
Total FY17 ABC Grant $48,191
DISCUSSION:
Background:
In 1995, the California Department of Alcoholic Beverage Control (ABC) began offering
grant assistance to law enforcement agencies in communities negatively impacted by
alcoholic beverage sales. Communities with a high concentration of alcohol outlets
experience a greater number of alcohol-related problems; therefore, ABC's mission for
the GAP is to work with law enforcement agencies to develop an effective, multi -faceted
approach to reducing the crime and public nuisance problems associated with alcoholic
beverage outlets.
Analysis:
As of March 2016, there are 438 active retail ABC licenses in the City of Newport Beach
- a citywide average of one ABC license for every 194 residents. The Balboa Peninsula
is home to 113 licenses - a ratio of one license per 98 residents. This high concentration
of alcohol licenses directly correlates with arrest statistics.
In 2015, the Newport Beach Police Department made 3,523 arrests. Of those arrests,
449 were for driving under the influence and 694 were for drunkenness or other alcohol-
related violations, accounting for over 32 percent of the year's total arrests.
The Peninsula represents only 13 percent of our overall City population and only
6 percent of the total land area. However, 31 percent of all arrests are made on the
Peninsula; specifically, 29 percent of all DUI arrests, 60 percent of all Drunkenness
arrests and 68 percent of all liquor law arrests. In addition, 74 percent of all alcohol-
related citations and 76 percent of all public urination citations were written on the
Balboa Peninsula. These statistics clearly indicate a significant drain on police
resources and major quality of life concerns for our residents.
6-2
Acceptance of Funds from the
California Department of Alcoholic Beverage Control
July 12, 2016
Page 3
The Police Department has placed considerable focus on maintaining open lines of
communication with the owners and operators of the local retail alcohol establishments.
The GAP 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 proven ABC enforcement strategies:
IMPACT Inspections, Minor Decoy Operations, Shoulder Tap Operations and
undercover operations. Saturation Patrols by uniformed officers will also be used, a
strategy that has been used on the Balboa Peninsula during the busy summer and
holiday months and has proven to be an effective enforcement tool. Another component
will be the Licensee Education on Alcohol and Drugs (LEAD) training, which educates
employees of local bars and restaurants on responsible beverage service. The Police
Department recently hosted a class, and 50 employees of our local bars and
restaurants attended. The GAP grant award will allow the Police Department to host two
additional classes. The objectives will be measurable and should result in a reduction of
alcohol-related crimes associated with the City's retail alcohol establishments.
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
- Agreement from the Department of Alcoholic Beverage Control
Attachment C
- Budget Amendment
6-3
ATTACHMENT A
STATE OF CALEDIR 11Q—BI I INESS rn"Q 1IdFASFRVIC:FS AN9 j9USING,ACLNGY
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419-2500
May 16, 2016
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 2016/2017 GAP grant proposal in the amount of
$48,191. We look forward to working with your department to meet the goals and objectives
in your proposal.
A grant contract will be forthcoming within 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 have to be put on
your governing body's calendar, we ask that you do this as soon as possible.
We are planning a two and a half-day training conference July 26 — 28, 2016, at the
Embassy Suites San Diego Bay Downtown. The conference can accommodate two
attendees from each agency and it is recommended that your Project Director and the officer
assigned to the grant program attend.
This conference will offer valuable training in alcohol enforcement and will also be
an excellent opportunity for the officers and deputies from your agency to meet and share
information with others. Attendees are encouraged to utilize a pre -registration session on
Monday, July 25, from 4:00 — 5.00 p.m. in order to expedite the registration on the next day.
A block of rooms at a special conference rate of $199.00 plus tax has been reserved
for grant agency participants.' PLEASE NOTE THAT ATTENDEES MUST MADE
RESERVATIONS BY THE HOTEL'S DEADLINE OF ,JULY 5, 2016, to guarantee the
special room rate or availability. There will be a $275.00 registration fee per person for the
1 Based on the State regulations we are unable to reimburse those agencies that are within a 50 mile radius from the Embassy Suites
San Diego Bay Downtown. The distance is based on the agency's physical headquarters address. Agency(s) that fall in this category
are; Chula Vista Police Dept, Oceanside Police Dept, San Diego County Sheriff's Dept. Travel reimbursable costs for the
aforementioned agency(s) will be limited to the registration fee only.
6-4
May 16, 2016
Page 2
training that is reimbursable through the grant. 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 two options:
1. Online — Alcohol Beverage Control Room Block July 2016 - Embassy Suites Downtown .
This link is specific to the Alcoholic Beverage Control GAP Conference, or
2. Call — (619) 239-2400 main desk at Embassy Suites San Diego Bay Downtown and
ask for the ABC Grant Assistance Program group discount rate, or call 1 -800 -
EMBASSY (800-362-2779),
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 July 5, 2016, or until the
group block is sold out, whichever comes first. We have also enclosed a conference
registration form to be filled out and returned using the same time frame.
If you have any questions, please call Grant Coordinator Suzanne Pascual at (916)
419-2572.
Sincerely,
Ramona Prieto
Acting Director
Enclosure
Cc: Sergeant Brad Miller, Project Director
C�
.fes Alcoholic Beverage Control
T Grant Assistance Program GAP Training Conference
July 26 - 28, 2016
Registration Form for GAP Training Conference
Yes, I will attend the 2016 GAP Training Conference held at the location below.
Location: Embassy Suites San Diego Bay Downtown
601 Pacific Hwy, San Diego CA 92101
Hotel Main Line 619-239-2400
Dates/Times: Monday, July 25 - PreRegistration 4:00 pm - 5:00 pm
Tuesday, July 26 - Registration 7:30 am - 8:30 am
Tuesday, July 26 - Day 1 Class 8:30 am - 5:00 pm
Wednesday, July 27 - Day 2 Class 8:30 am - 5:00 pm
Thursday, July 28 - Day 3 Class 8:30 am - noon
(Times may vary slightly due to Agenda classes.)
AGENCY NAME
Name 1
Title
Address
City/Zip
Daytime Phone
Email Address
Cell
Fax
Name 2
Address
Daytime Phone
Email Address
Title
City/zip
Cell
Fax
Instructions:
1. Print all information above. 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 Tuesday, July 5. 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 $275 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
2/2016 suzanne.pascual0abc.ca.gov
.ol
ATTACHMENT B
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06103)
AGREEMENT NUMBER
16G-LA2s
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
CONTRACTOR'S NAME
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:
®
Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement)
Exhibit - D* Special Terms and Conditions
Exhibit E — Additional Provisions
4 page(s)
3 page(s)
GTC 610
1 page(s)
page(s)
Items shown with an Asterisk P7, are hereby incorporated by reference and made part of this agreement as it attached hereto.
These documents can be viewed at www.dgs.ca.gavlots/Resources/StandardContractLanclua(7e.aspx
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.)
City of Newport Beach through the Newport Beach Police Department
BY (Authorized Sig ature) DATE SIGNED(m, nor type)
6.
PRINTED NJOE AND TITLE OF PERSON SIGNING
Jon T. Lewis, Chief
ADDRESS
870 Santa Barbara Drive
Newnort Beach, CA 42660
STATE OF CALIFORNIA II
AGENCY NAME
meat of Alcoholic Beverage Control
BY (Authorized Signature)
DATE SIGNED(no nw i -y")
California Department of General
Services Use Only
PRINTED NAME AND TITLE OF PERSON SIGNING APPROVED ASTO t��ipt
Per. SCM4.o4,(A)(3)
Randall Deems, Assistant Director, Administration rtry eTTi 1QK1FY+C
ADDRESS
3927 Lennane Drive, Suite 100, Sacramento CA 95834
By: �—
Aaron C. Harp, City Attorney
6-7
Exhibit A
SCOPE OF WORK
Summary:
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, Mariner'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-City-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
1 License figures were taken from the Raw Data Export provided on the ABC website. Ad-hoc queries yield different results.
2 1 NBPD Grant 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
Mot
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 service/over 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, crime/arrest 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
6-10
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.
Proiect 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
6-11
BUDGET DETAIL
Exhibit B
BUDGET CATEGORY AND LINE -ITEM DETAIL
COST
(Round budget amounts
A. Personnel Services (Straight Time Salaries, Overtime, and Benefits)
to nearest dollar)
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
6-12
PAYMENT PROVISION
Page 1 of 2
Exhibit B
1. INVOICING AND PAYMENT: Payments of approved reimbursable costs (per Budget Detail
attached) shall be in arrears and made via the State Controller's Office. Invoices shall be
submitted in duplicate on a monthly basis in a format specified by the State. Failure to submit
invoices and reports in the required format shall relieve the State from obligation of payment.
Payments will be in arrears, within 30 days of Department acceptance of Contractor
performance, pursuant to this agreement or receipt of an undisputed invoice, whichever occurs
last. Nothing contained herein shall prohibit advance payments as authorized by Item 2100-
101-3036, Budget Act, Statutes of 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.
6-13.
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 oihezconsidcrations 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 2/19/16
6-14
Exhibit D
Special Terms and Conditions
Disputes: Any dispute concerning a question of fact arising under this contract which is not
disposed of by agreement shall be decided by the Director, Department of Alcoholic
Beverage Control, or designee, who shall reduce his decision to writing and mail or
otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be
final and conclusive unless, within 30 days from the date of receipt of such copy, the
Contractor mails or otherwise furnishes to the State a written appeal addressed to the
Director, Department of Alcoholic Beverage Control. The decision of the Director of
Alcoholic Beverage Control or his duly authorized representative for the determination of
such appeals shall be final and conclusive unless determined by a court of competent
jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as
necessarily to imply bad faith, or not supported by substantial evidence. In connection with
any appeal proceeding under this clause, the contractor shall be afforded an opportunity to
be heard and to offer evidence in support of its appeal. Pending final decision of a dispute
hereunder, Contractor shall proceed diligently with the performance of the contract and in
accordance with the decision of the State.
2. Termination Without Cause: Either party may terminate this agreement at any time for any
reason upon ten (10) days written notice. No penalty shall accrue to either party because of
contract termination.
3. Contract Validity: This contract is valid and enforceable only if adequate funds are
appropriated in Item 2100-101-3036, Budget Act of 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.aspx .
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
6-15
City of Newport Beach
ATTACHMENT C
BUDGET AMENDMENT
2016-17
EFFECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates
X Increase Expenditure Appropriations
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
NO. BA- 17BA-002
AIVIOUNT:J $48,191.00
Increase in Budgetary Fund Balance
AND Decrease in Budgetary Fund Balance
X No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To increase revenue estimates and expenditure appropriations for the CA Department of Alcoholic Beverage Control (ABC) for the
2016/17 Grant Assistance Program to supplement the Police Department's ongoing effort in addressing alcohol-related problems
at retail alchohol establishments.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Object
►:7�►���rur��rrnr_rrxy
Description
Oar Obiect/Proiect Description
01035352 431472-G1702 PD Support Svcs - ABC Grant
EXPENDITURE APPROPRIATIONS
Signed:
Signed:
Signed:
I Approval: Finance
Administrative Approval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$48,191.00
* Automatic
$41,291.00
$2,500.00
$2,000.00
$2,400.00
V5JC16;
Date
vatic
6-16
Description
Org
Number
01035352
PD Support Services
Object/Project
Number
713002-G1702
Overtime Safety - ABC Grant
Object/Project
Number
841046-G1702
Special Dept Expense - ABC Grant
Object/Project
Number
861001-G1702
Travel & Meetings - ABC Grant
Object/Project
Number
911024-G1702
Equipment NOC - ABC Grant
Signed:
Signed:
Signed:
I Approval: Finance
Administrative Approval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$48,191.00
* Automatic
$41,291.00
$2,500.00
$2,000.00
$2,400.00
V5JC16;
Date
vatic
6-16