R10976City Council Meeting: July 12, 2016
Santa Monica, California
RESOLUTION NUMBER/ 0 V-1 0 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ACCEPTING A GRANT AWARD FROM THE
STATE OF CALIFORNIA GRANT ASSISTANCE PROGRAM FOR THE MINOR
DECOY PROGRAM, SHOULDER -TAP PROGRAM AND IMPACT INSPECTIONS FOR
FISCAL YEAR 2016-17
WHEREAS, the City of Santa Monica (the "City") desires to conduct operations to
reduce the instances in which licensed alcohol establishments in the City illegally sell
alcohol and/or furnish alcohol to minors, or adults who furnish alcohol to minors, as well
as providing education to merchants through inspections; and
WHEREAS, in furtherance of these goals, the City desires to undertake certain
projects designated as the Minor Decoy Program, Shoulder -Tap Program, and IMPACT
(Informed Merchants Preventing Alcohol -Related Crime Tendencies) Inspections, to be
funded in part from funds made available through the Grant Assistance Program ("GAP")
administered by the Department of Alcoholic Beverage Control ("ABC'); and
WHEREAS, ABC has offered, and the City desires to accept, certain GAP monies
from ABC in an amount equal to Fifty -Six Thousand, Five Hundred Forty Dollars
($56,540) order to fund such projects during Fiscal Year 2016-17.
1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Manager is authorized to accept the grant in an amount
equal to Fifty -Six Thousand, Five Hundred Forty Dollars ($56,540) and execute on Behalf
of the City Council of the City of Santa Monica (the "City Council") the attached contract,
including any extensions or amendments thereof and any subsequent contract with the
State in relation thereto.
SECTION 2. The grant funds received hereunder shall not be used to supplant
expenditures controlled by the City Council.
SECTION 3. The grant award is not subject to local hiring freezes.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
M RSHA dNES M UTRIE
Ci tv/Attorie
Exhibit 1 Agreement with Department of Alcoholic Beverage Control
K
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06103)
AGREEMENT NUMBER
16G-LA45
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 Santa Monica through the Santa Monica Police Department
2. The term of this July 1, 2416 through June 30, 2417
Agreement is:
3. The maximum amount $ 56,540
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 3 page(s)
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)
101 Exhibit - D* Special Terms and Conditions
Exhibit E — Additional Provisions
3 page(s)
GTC 610
1 page(s)
page(s)
Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as If attached hereto.
These documents can be viewed at www.dgs.ca.goylols/Resourees/StandardContractLencivacle.@Aaxx
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
CONTRACTOR'S NAME (if other than an Individual, state whethera corporation, partnership, etc.)
City of Santa Monica through the Santa Monica Police Department
BY (Authorized Slgneture) DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Rick Cole, City Manager
333 Olympic Drive
Santa Monica , CA 90401
AGENCY NAME
STATE OF CALIFORNIA 11
of Alcoholic Beverage Control
BY (Authorized Signature)
PRINTED NAME AND TITLE OF PERSON SIGNING
Randall Deems, Assistant Director, Administration
ADDRESS
3927 Lennane Drive, Suite 100, Sacramento CA 95834
DATE SIGNED(Dn not type)
California Department of General
Services Ilse Only
�I ® Exempt per: SCM 4.04.(A)(3)
Exhibit A
SUMMARY
The City of Santa Monica is a beach front city, approximately 8.3 square miles in size,
located in the County of Los Angeles. Santa Monica has a residential population of
92,472 in addition to being a business, entertainment, shopping and international tourist
destination. Tourists, shoppers, Santa Monica College students and employees at local
businesses significantly boost the daytime population to an estimated 250,000 people.
The City is situated on the west side of Los Angeles County, approximately 16 miles
from downtown Los Angeles. It is -bordered by the City of Los Angeles on three sides
and the Pacific Ocean to the west. Santa Monica is one of the most densely populated
areas in California.
The Santa Monica Police Department employs 201 sworn and 253 civilian personnel as
of February 2016, The Santa Monica Police Department executive leadership includes
the Chief of Police, one Deputy Chief, and three Police Captains. The Deputy Chief
oversees the three Captains who each oversee one of the three divisions that make up
the Department: Operations, Criminal Investigations, and Strategic Services, The Police
Department provides a full range of services and special details, including a K-9 unit,
homeless liaison program unit, traffic enforcement unit, harbor unit, animal regulation
unit and bicycle patrol unit, all in an effort to be innovative and work together to create
adaptive solutions with the community and public safety partners.
The core mission of the Santa Monica PD is the prevention and reduction of crime. This
includes implementing effective strategies to reduce the illegal purchasing and
distribution of alcoholic beverages. Santa Monica PD is requesting $56,114 in 2016-
2017 ABC grant funding to enhance our current efforts. The goals of the program are to:
1. Reduce underage access to alcohol;
2. Reduce access to alcohol by chronic inebriants;
3. Expand targeted law enforcement operations to address alcohol-related crime;
4. Raise public awareness about the problem through education for merchants as well
as the community. Education and training not only helps businesses and the
community better understand their responsibilities, but also provides them with the
tools and knowledge they need to promote reasonable consumption and contribute
to making communities safer.
Alcohol Licenses in City of Santa Monica
On Sale: 279
Off Sale: 67
TOTAL.: 346
Santa Monica PD continues to have one of the highest ratios of establishments to
population in the state.
Exhibit A
Major community concerns and factors contributing to those concerns in Santa Monica
include the following: one of the highest ratios of alcohol establishments to population in
California; reportedly easy access to alcohol by youth in the community; high rates of
alcohol-related motor vehicle crashes; high rates of alcohol-related death in comparison
to all Los Angeles County communities; and ongoing problems related to inebriation
among the transient population.
The City of Santa Monica has seen a notable increase in the calls for service for public
intoxication in Santa Monica. Calls for service for public intoxication in Santa Monica
increased by 14,81% from 2009 to 2015. Specific problem locations include the
downtown area as well as Main Street in Santa Monica.
In a study prepared by the Institute for Public Strategies for the Westside Impact Project
in 2012, the report notes that excessive alcohol consumption costs LA County $10.8
billion annually-- roughly $1,000 per resident. Los Angeles County's latest public health
report ranked Santa Monica 8th highest out of the county's 117 communities for its rate
of alcohol-related motor vehicle crashes, and Santa Monica's rates of alcohol-related
crime and alcohol-related death were severe enough to be ranked "high" in comparison
to all Los Angeles County communities.
The problem extends to Santa Monica's youth in that 75% of Santa Monica High School
11th grade students report that alcohol is "very easy" or "fairly easy" to get. In addition,
43% of Santa Monica High School 11th grade students report having had a drink in the
past 30 days. Also, a full 26% of these students report binge drinking (5 or more drinks
at once) in the past 30 days.
The City of Santa Monica has 346 active ABC licenses, with 279 being on -sale and 67
being off -sale. One of the factors contributing to problem retail outlets is that liquor
establishments tend to have a high turnover of employees; therefore, merchant
education needs to be continued on an on-going basis.
Exhibit A
PROJECT DESCRIPTION
The Santa Monica Police Department (SMPD) and' the California Alcohol and
Beverage Control agency (ABC) have been working together for over a decade to
provide multi -faceted educational and enforcement programs. With the 2016-17 ABC
grant opportunity, SMPD looks to continue that approach with a focus on identifying
and targeting problematic ABC licensed establishments; reducing the availability of
alcoholic beverages to and the consumption of them by underage persons and chronic
inebriants; and identifying those who furnish alcohol to minors.
2015-2016 ABC grant funds would support targeted operations including Minor Decoy
and Shoulder Tap programs, undercover operations, and Trap Door operations; as
well as, education and training via the LEAD (Licensee Education on Alcohol and
Drugs) program and IMPACT inspections (Informed Merchants Preventing Alcohol -
Related Crime Tendencies). These strategies are crucial to stemming the problem.
At the completion of this grant, the Santa Monica Police Department would continue
its efforts in education and enforcement of businesses and community members on
the issue of illegal purchasing and distribution of alcoholic beverages.
Goals and Objectives;
• Issue 5 press releases regarding the grant and/or the activities conducted
under the grant, where appropriate, to increase public awareness.
• Conduct 3 roll call training, sessions for all sworn personnel.
• Schedule and coordinate 1 LEAD class,
• Coordinate and conduct 40 IMPACT Operations.
• Identify and target problematic ABC licensed establishments.
• Conduct 10 minor decoy operations..
• Conduct 5 "Shoulder Tap" operations.
• Conduct 5 "Trap Door" operations.
Conduct General Enforcement;
• Party Patrol; 5 Operations using uniformed Investigators from the Youth
Services Unit, in marked Police patrol vehicles, with a late night shift on the
weekend. The Investigators would respond to all calls for service regarding any
party, and juvenile related incident involving alcohol related crimes, conduct
periodic checks at school events, such as sports, plays, and functions to look
for and enforce ABC violations, conduct periodic checks at all locations where
juveniles are known to congregate to look for and enforce ABC violations, and
conduct enforcement on juveniles regarding ABC related laws as well as
Exhibit A
enforcement for adults contributing to the delinquency in minors for ABC related
laws.
Over Service: 5 undercover operations, using Narcotic -Vice Investigators, to
enter on -sale ABC establishments, investigators would pose as customers and
enter the establishments, to look for employees selling alcohol to obviously
intoxicated patrons: Investigators would enforce ABC laws regarding over
service of alcohol to intoxicated patrons.
Undercover: 2 operations, using Narcotic -Vice Investigators, targeting narcotic
and gang activity near liquor stores where gang members are known to shop and
congregate for the purposes of selling drugs and purchasing alcohol for minors.-
To
inors:To conduct surveillance at a known liquor store where the store clerk is known to
sell drugs and lives within 2 blocks of the liquor store. To conduct surveillance at
stores for the purpose of selling to chronic inebriants,
Exhibit A
The program will be overseen by the Narcotics/Vice sergeant. Grant activities will
primarily be carried out by the Narcotics sergeant and the two Vice Officers, The
Vice/Narcotics Unit has experience partnering with the ABC grant program and the ABC
mini grant program. Additional Santa Monica police officers from other units may also
be used, as appropriate, potentially including officers from the Homeless Liaison
Program Unit, Gang & Youth Intervention Unit and the Youth Services Unit.
In the implementation of this program, the Santa Monica Police Department may also
use volunteers to assist. Volunteers will be utilized during shoulder tap and minor decoy
operations.
Finally, the Santa Monica Police Department has a Senior Administrative Analyst
dedicated to grant program management and a Public Information Officer committed to
sending out press releases promptly in support of the ABC grant program operations.
Current Personnel Involved: Names, Rank, and Assignment:
• Sergeant Francisco Franco — Vice/Narcotics Unit
® Detective Oscar Flores -- Vice/Narcotics Unit
® Detective Scott McGowan —Vice/Narcotics Unit
® Sergeant Rudy Camarena — Public Information Officer
• Nicole Bustamante — Senior Administrative Analyst
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.l Straight Time
A.2 Overtime
$40,320
Officer I overtime estimated 5610 hours@ $72
Officer II (Sergeant) overtime estimated 140 hours @ $96
$13,440
A.3 Benefits
$780
Employee benefits estimated at 1.45%
$54,540
TOTAL PERSONNEL SERVICES
B. Operating Expenses {maximum $2,500
TOTAL OPERATING EXPENSES
C. E ui ment (maximum $2,500)
(Attach receipts for all equipment purchases to monthly billing invoice)
TOTAL EQUIPMENT
-_0
D. Travel Expense/Registration Fees maximum $2,500
$450
(Registration fee for July 2016 GAP Conference attendee is $275 each)
Travel, per thein and lodging for the July GAP Conference
$1,550
TOTAL TRAVEL EXPENSE
$2,000
$56'540
TOTAL BUDGET DETAIL COST, ALL CATEGO.RIES
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.
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 2119116
Exhibit D
Special Terms and Conditions
1. Disputes: Any dispute concerning a question of fact arising under this contract which is not
disposed of by agreement shall be decided by the Director, Department of Alcoholic
Beverage Control, or designee, who shall reduce his decision to writing and mail or
otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be
final and conclusive unless, within 30 days from the date of receipt of such copy, .the
Contractor mails or otherwise furnishes to the State a written appeal addressed to the
Director, Department of Alcoholic Beverage Control. The decision of the Director of
Alcoholic Beverage Control or his duly authorized representative for the determination of
such appeals shall be final and conclusive unless determined by a court of competent
jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as
necessarily to imply bad faith, or not supported by substantial evidence. In connection with
any appeal proceeding under this clause, the contractor shall be afforded an. opportunity to
be heard and to offer evidence in support of its appeal. Pending final decision of a dispute
hereunder, Contractor shall proceed diligently with the performance of the contract and in
accordance with the decision of the State,
2. Termination Without Cause: Either party may terminate this agreement at any time for any
reason upon ten (10) days written notice. No penalty shall accrue to either party because of
contract termination.
3. Contract Validity: This contract is valid and enforceable only if adequate funds are
appropriated in Item 2.100-101-3036, 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 Iower level of project activity.
Updated 2/19/16
Adopted and approved this 12th day of July, 2016.
.......�" r •
I, Denise Anderson -Warren, City Clerk of the City of Santa Mia, do hereby
certify that the foregoing Resolution No. 10970 (CCS) was duly adopted at a meeting of
the Santa Monica City Council held on the 12th day of July, 2016, by the following vote:
AYES: Councilmembers O'Connor, O'Day, Himmelrich, Davis,
Mayor Vazquez
NOES: None
ABSENT: Councilmember McKeown, Mayor Pro Tem Winterer
UVE-Ulfts
Denise Anderson -Warren, city Clerk