CC RESOLUTION 4996RESOLUTION NO. 4996
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE STATE DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL WITH REGARD TO THE ABC 2016/2017 GRANT
ASSISTANCE PROGRAM GRANT
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council of the City of El Segundo desires to undertake a certain
project designated as ABC 2016/2017 GAP grant to be funded in part from funds made
available through the Grant Assistance Program (GAP) administered by the Department
of Alcoholic Beverage Control (hereafter referred to as ABC).
SECTION 2: Authorization. The City Council authorizes the City Manager to execute on
behalf of the City Council of the City of El Segundo the agreement between the City and
ABC, numbered 16G -LA13 and attached as an Exhibit to this resolution. The City
Manager is further authorized to execute any extensions or amendments to such
agreement and any subsequent contract with ABC in relation to the ABC 2016/2017 GAP
grant, in a form approved by the City Attorney.
SECTION 3: The City acknowledges and agrees that:
A. Any liability arising out of the performance of this contract, including civil court
actions for damages, is the responsibility of the City as the grant recipient and the
authorizing agency.
B. The State of California and ABC disclaim responsibility for any such liability,
C. Grant funds received may not be used to supplant expenditures controlled by
the City Council.
D. This award is not subject to local hiring freezes.
SECTION 4: This Resolution will become effective immediately upon adoption and remain
effective unless superseded by a subsequent resolution.
PASSED, APPROVED AND ADOPTED this 29th day of August, 2016.
A J/u AAL�LL&a) —
8Zzande Fuentes, Mayor
ATTEST:
Tracy Wea �r, City Clerk
P FOM:�
A .RO� ED AS T
Mark D. Hensley, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUN D )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole
number of members of the City Council of said City is five; that the foregoing Resolution No.
4996 was duly passed, approved and adopted by said City Council at a regular meeting held on the
291" day of August, 2016, approved and signed by the Mayor, and attested to by the City Clerk, by
the following vote:
AYES: Mayor Fuentes, Mayor Pro Boyles, Council Member Brann, Council
Member Pirsztuk, Council Member Dugan
NOES:
ABSENT:
ABSTAIN:
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 29th day of August, 2016,
Weaver, City Clerk
of the City of El Segundo,
California
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
AGREEMENT NUMBER
16G -LA13
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 El Segundo through the El Segundo Police Department
2. The term of this July 1, 2016 through June 30, 2017
Agreement is:
3. The maximum amount $ 47,674
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 4 page(s)
Exhibit B — Budget Detail and Payment Provisions 3 page(s)
Exhibit C* — General Terms and Conditions GTC 610
Check mark one item below as Exhibit D:
F—M-1 Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) 1 page(s)
rfil Exhibit - D* Special Terms and Conditions
Exhibit E — Additional Provisions �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 , qgs, ccpgov�P Resources � fand pratractl.agy ry a_ �e�
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
CONTRACTOR'S NAME (it other than an individual, state whether a corporation, partnership, etc)
City of El Se do thro)4 the El Se ndo Police Department
� � DATE SIGNED(Da nrn �)
BY Authorized S tore) y1
ADDRESS —
348 Main Street
El Segundo. CA 90245
AGENCY NAME
STATE OF CALIFORNIA
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
C � Clerk U
Cif of El Sea - mdo
DATE SIGNED(Dn not type)
California Department of General
Services Use Only
® Exempt per: SCM 4.04.(A)(3)
APP F0 A TO FORM:
ClT ATT RNEY
Exhibit A
SCOPL OF WO:
1.Summar
a. ge11cylescription:
The City of El Segundo is located 20 miles southwest of Los Angeles on the Southern end of
the Santa Monica Bay. The City of El Segundo was incorporated on January 17, 1917. The El
Segundo Police Department is led by Chief Mitch Tavera along with two captains, six
lieutenants and eight sergeants. The department is authorized 63 sworn officers and 36 civilian
employees. The Department is divided into two bureaus, Field Operations and Administration
Services, with each captain having responsibility for a bureau. The Field Operations Bureau
includes Patrol, Special Operations, Investigations, SWAT, K -9, Jail Operations, Property and
Evidence and the Field Training Program. The Administration Services Bureau includes
Support Services, Professional Standards and Communications. The Department provides
service to a resident population of over 16,654. The Department patrols 5.5 square miles of
mixed residential and industrial area, including 1.4 miles of beach front.
The City of Manhattan Beach borders El Segundo to the south and Hermosa Beach to the
north. The Manhattan Beach Police Department was established in December of 1912. The
Manhattan Beach Police Department is led by Chief Eve Irvine with two captains, five
lieutenants and 11 sergeants. The department is authorized 65 sworn officers and 36 civilian
employees. The Department is divided into two bureaus, Field Operations Bureau and
Administration and Investigations Bureau, with each captain having responsibility for a bureau.
The Field Operations Bureau includes Patrol, Traffic, Parking Enforcement, Animal Control,
K -9, SWAT, ABC Enforcement and the Reserve Officer Program. The Administrative and
Investigations Bureau includes Human Resources, Personnel and Training, Crime Prevention,
Investigations, Jail Operations, Property and Evidence, Communications, Technical Services
and School Resource Officers. The Department provides services to a resident population of
over 35,135. The Department patrols 3.88 square miles, 2.1 miles of beach front, 40 acres of
recreational beach area, 48 acres of park land and 120 miles of paved streets.
The City of Hermosa Beach borders Manhattan Beach to the south, approximately 22 miles
southwest of downtown Los Angeles. The City was incorporated on January 14, 1907. The
Hermosa Beach Police Department is led by Chief Sharon Papa along with one captain, two
lieutenants and seven sergeants. The department is authorized 36 sworn officers and 23
civilian employees. The Department is divided into two divisions, Operation and
Administration, each headed by a lieutenant. The Operations Division consists of
Investigations, Records, Jail Operations, Property and Evidence. The Hermosa Beach Police
Department provides public safety to a residential population of over 19,508. The Department
patrols 1.43 square miles, with 1.5 miles of beach front.
b.)Funding Requested:
The El Segundo, Manhattan Beach and Hermosa Beach Police Departments request the amount
of $47,674 to enhance their current levels of enforcement and education regarding ABC
licensed establishments, address problems associated with alcohol sales and consumption that
effect quality of life issues in our communities and to address the abundant and free availability
of alcohol to minors.
c.) Goals and Objectives:
The El Segundo, Manhattan Beach and Hermosa Beach Police Departments are committed to
enhancing their levels of enforcement and education regarding ABC licensed establishments
and problems associated with alcohol sales. These three agencies will work together with ABC
investigators to identify and target problematic establishments and will participate in sting
Exhibit A
SCOPE OF'WORK
operations; conduct party prevention deployments and train officers from each department on
ABC enforcement tactics, strategies and administrative accusation processes. The departments
will work together to improve the public's awareness of ABC rules, regulations and
enforcement activities by conducting presentations at community group meetings and
submitting press releases that support the efforts of the Grant program. The progress will be
reported to ABC on a monthly basis and will include a final year -end report.
The El Segundo, Manhattan Beach and Hermosa Beach Police Departments have a value
system in place that is dedicated to providing the finest police services to residents and visitors
in their respective communities. The members of these departments are dedicated to ensuring
the safety of their citizens and protecting the quality of life that exists in each of their
communities. This project has the full support and commitment of all three Police Chiefs and
the members of their departments.
d.) Number of ABC Licensed Locations:
Between these three cities, there are 316 establishments licensed by ABC to sell alcohol. There
are 244 on -sale licenses and 72 off -sale establishments.
2.) Problem Statement
Together, the El Segundo, Manhattan Beach and Hermosa Beach Police Departments provide
public safety to a population of over 71,300 residing in approximately 10.81 square miles.
These cities are home to several large shopping malls that include popular bars and restaurants.
These cities have established a reputation as having a vibrant and thriving social scene. These
cities have a mixed use of residential, commercial and industrial zones that include bars,
restaurants, taverns and hotels, which creates a high number of complaints against ABC
licensed establishments. Each city boasts a vibrant downtown that is home to numerous bars
and nightclubs, all located within blocks of each other on pedestrian friendly walks, adjacent to
the beach. Thousands of people descend on these cities nightly to partake in the active night
life that has grown very popular among young adults. In 2015, the El Segundo, Manhattan
Beach and Hermosa Beach Police Departments have responded to over 76,190 calls for service
and officers have initiated over 38,179 contacts. Many of these calls and contacts were alcohol
related. In 2015, these departments arrested 468 adults and 8 juveniles for DUI, many of which
involved injury traffic collisions. These departments also arrested 517 adults and 14 juveniles
for public intoxication. These departments also cited 544 adults and 25 juveniles related to
alcohol violations and cited 5 adults for furnishing alcohol to minors. These three cities have
316 establishments licensed to sell alcoholic beverages and they continue to receive
applications for additional licenses.
These three cities are home to upscale shopping, dining and beaches that host a variety of
popular events that attract very large crowds, including Professional Volleyball Tournaments,
the International Surf Festival, the Manhattan Beach Six Man Volleyball Tournament, the El
Segundo Easter Keg Hunt, the Hermosa Beach St. Patrick's Day Parade, Hermosa Beach 30`h
Street Iron Man Competition and a Grand Prix Bike Race. The Manhattan Beach Six Man
Volleyball Tournament draws in about 50,000 spectators for the two day tournament, which
creates an atmosphere where adults and juveniles commit alcoholic related violations. Each
year the Hermosa Beach 301h Street Iron Man Competition concludes with the "chugging" of a
six pack of beer. The El Segundo Easter Keg Hunt allows competitors /teams to drink a beer at
eight locations while searching for eight decorated kegs around the city for special prizes. This
causes a danger to the public due to intoxicated competitors running through the streets looking
for the decorated kegs. Several of the bars have become popular to underage students from
Exhibit A
SCOPE OF WO.
nearby colleges such as, Loyola Marymount University, University of Southern California,
University of California Los Angeles and several local community colleges.
Several residents continue to complain about party bus excursions that are sponsored by local
bars where a bus will pick up students at a college and drop them off in the area to patronize
the bars with no consideration to how the residential area is affected. Many students have been
caught using false /counterfeit identification cards while attempting to purchase alcoholic
beverages or gain entry into various night clubs and attend events such as the described party
bus excursion or pub crawls. Violators are primarily young adults who have developed a
reputation for prolific alcohol consumption. Several bars in each city continue to generate
numerous calls for service. On several occasions, mutual aid from surrounding agencies was
required to assist in quelling the disturbances. Management or owners of these establishments
were made aware of the problems at their businesses but many show little or no effort to reduce
the problems. One of the more popular Manhattan Beach establishments is called " Sharkeez."
This establishment has increased the number of calls for service for both the El Segundo Police
and Manhattan Beach Police. There was an assault with a deadly weapon call in Manhattan
Beach outside of Sharkeez where several intoxicated male adults were fighting and one person
was hit with a metal pipe. The City of El Segundo has just recently built a new shopping mall
that includes six new ABC licensed establishments. Two of these establishments, Craft Shack
and HopDoddy are bars. Craft Shack is opening in early 2016 and HopDoddy has become a
very popular drinking spot with young adults. During the summer months, spring and winter
breaks, a large number of minors flock to these cities looking for entertainment in the
downtown and pier areas. The influx of minors often culminates in underage drinking,
resulting in complaints about public intoxication, urinating in public, drinking after hours and
disruptive behavior.
In 2014 and 2015, these agencies investigated several rapes and assaults that were related to
alcohol consumption at several ABC licensed establishments. Responding to these complaints
requires an inordinate amount of police, fire and other city services that take away from
community needs and have a tremendous impact on existing personnel.
Currently, the El Segundo Police Department's cases are heard in the Airport Division of the
Los Angeles Superior Court, and the Manhattan Beach and Hermosa Beach Police
Department's cases are heard in the Southwest Division of the Los Angeles Superior Court.
All three Police Departments have a close working relationship with the Office of the District
Attorney and have a very good record of obtaining convictions on cases related to the types of
crimes and violations that ABC is targeting. The grants goals and objectives have been
discussed with the Assistant Head Deputy District Attorney of the Airport Division, Gilbert
Wright and Filing D.A. Lester Kuriyama, who both agree with the importance of prosecution
of alcohol related crimes that reduce the availability of alcohol to minors and reduce calls for
service to problematic locations.
3.) Project Descril2tion
The following goals and objectives will be performed during the 12 months of this project by
the Manhattan Beach, Hermosa Beach and El Segundo Police Departments;
1. Train one sergeant from the El Segundo Police Department who will be responsible
for the management of the grant and train one officer from each department who
will be responsible for carrying out the grant goals and objectives.
2. The sergeant and/or officers assigned to the grant detail will attend training
presentations and conferences offered by ABC during the year.
Exhibit A
SCOPE OF WORK
3. Prepare press releases in cooperation with ABC, to announce the project and report
on significant progress and activities.
4. Make 3 presentations to a community group on ABC issues as part of the education
process (one in each city).
5. Conduct 2 LEAD training seminars to include all three cities at the same time to
educate licensees and employees on responsible service.
6. Conduct 4 IMPACT inspections where officers will visit licensed establishments to
insure compliance with ABC regulations and attempt to gain voluntary compliance.
7. Conduct 2 Party Patrol and Dispersal Deployments to include all three cities at the
same time in an attempt to identify and enforce alcohol violations by minors and
adults who furnish alcohol to minors.
8. Conduct 7 stings to include Minor Decoy and Shoulder TAP Stings to detect,
prosecute and deter furnishing alcohol to minors.
9. Conduct 2 Trap Door /Cops in Shops deployments where officers will pose as
customers in various establishments to detect and discourage violations such as
minors using fraudulent identification, over service, after hour sales and
consumption or municipal violations.
4.)Pr°oiect Personnel
The Grant Assistant Program (GAP) will fall under the Field, Operations Bureau of the El
Segundo Police Department. The staffing needed for each department to carry out the grant
goals and objectives will require one sergeant from the El Segundo Police Department who will
be responsible for the overall coordination and supervision of the operations and managing the
grant. This sergeant will also participate in the operations, testify in court and in ABC
administrative hearings and attend training offered by ABC during the year. Staffing will also
require three officers (one from each agency) who will be responsible for attending training
presentations offered by ABC during the year, carrying out the operations, testifying in court
and ABC hearings and conducting public education presentations.
Currently, the El Segundo Police Department's ABC efforts are supervised by Sergeant Hugo
Perez and assisted by Detective Ryan Danowitz. Involved officers also include officers from
Patrol, Traffic, Detectives, Community LEAD Officers and School Resource Officers. The
Manhattan Beach Police Department's ABC efforts are supervised by Sergeant Chris Vargas
and assisted by Officer Michael Allard. Involved officers also include officers from Patrol,
Traffic, Detectives, and School Resource Officers. The Hermosa Beach Police Department's
ABC efforts are supervised by Sergeant Dorothy Scheid and assisted by Officer Donovan
Sellan. Involved officers also include officers from Patrol and Detectives. These units and
personnel have numerous years of experience in law enforcement, including ABC enforcement
strategies.
The El Segundo, Manhattan Beach and Hermosa Beach Police Departments have experienced
budget cuts which reduced special enforcement projects such as ABC enforcement and these
cuts have continued with little relief in the future. With the funding support and assistance of
the GAP grant, our goal is to expand our present efforts in addressing alcohol related problems
and successfully impacting the issues of alcohol sales to minors, service to intoxicated persons,
and problem establishments will be accomplished within our cities using a variety of strategies
that emphasize education and a strong enforcement effort.
BUDGET DETAIL
Exhibit B
BUDGET CATEGORY AND LINE -ITEM DETAIL
COST
A. Personnel Services (Straight Time Salaries, Overtime, and Benefits)
(Round budget amounts
to nearest dollar)
A.1 Straight Time
A.2 Overtime
One (1) MB/ES Sergeant O/T @ eight (8) hours per deployment (15 deployments)
$14,060
One (1) ES Detective O/T @ eight (8) hours per deployment (15 deployments)
$11,599
One (1) MB Officer O/T @ eight (8) hours per deployment (15 deployments)
$10,294
One (1) HB Officer O/T @ eight (8) hours per deployment (15 deployments)
$7,271
A.3 Benefits
. .__. _......._._.._�
TOTAL PERSONNEL SERVICES
$43,224
B. Operating Expenses (maximum $2,500)
Eight (7) minor decoy stings operating expenses.
$800
TOTAL OPERATING EXPENSES
$800
C. Equipment (maximum $2,500)
$1,500
(Attach receipts for all equipment purchases to monthly billing invoice)
TOTAL EQUIPMENT
$1,500
D. Travel Expense/Registration Fees (maximum $2,500)
e istration fee for Jul
(Registration r J GAP Conference attendee is $275 each)
$550
for July GAP
AP Conference 2 Attendee at $275 each
Lodging/Airfare/Per Diem
$1600
TOTAL TRAVEL EXPENSE
$2,150
TOTAL BUDGET DETAIL COST, ALL CATEGORIES
$47,674
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 monthIl 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 2/19/16
Exhibit D
Special Terms and Conditions
1. Disputes: Any dispute concerning a question of fact arising under this contract which is not
disposed of by agreement shall be decided by the Director, Department of Alcoholic
Beverage Control, or designee, who shall reduce his decision to writing and mail or
otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be
final and conclusive unless, within 30 days from the date of receipt of such copy, the
Contractor mails or otherwise furnishes to the State a written appeal addressed to the
Director, Department of Alcoholic Beverage Control. The decision of the Director of
Alcoholic Beverage Control or his duly authorized representative for the determination of
such appeals shall be final and conclusive unless determined by a court of competent
jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as
necessarily to imply bad faith, or not supported by substantial evidence. In connection with
any appeal proceeding under this clause, the contractor shall be afforded an opportunity to
be heard and to offer evidence in support of its appeal. Pending final decision of a dispute
hereunder, Contractor shall proceed diligently with the performance of the contract and in
accordance with the decision of the State.
2. Termination Without Cause: Either party may terminate this agreement at any time for any
reason upon ten (10) days written notice. No penalty shall accrue to either party because of
contract termination.
3. C ontrac Valid tv: 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. Contactor 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 w w.rl s.ca.gov/ols/R(,��sotir s/-Standar ContractLa ua e asp2 .
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