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HomeMy WebLinkAboutState of California - Department of Alcoholic Beverage Control - ABC - 2012-07-16 r F y t STAID OF CAUFORNIA STANDARD AGREEMENT STD 213(Rev 06/03) AGREEMENT NUMBER 9 12G-LA18 i REGISTRATION NUMBER j 1. This Agreement is entered into between the State Agency and the Contractor named below: i STATE AGENM NAME I DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL i E CONTRACTOR'S NAME i City of Huntington Beach through the Huntington Beach Police Department 2. The term of this July 1,2012 through Jane 10,2013 Agreement is: 3. The maximum amount $50,000 of this Agreement is: 3 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 5. page(s) Exhibit B—Budget Detail and Payment Provisions 3 page(s) { I Exhibit C*—General Terms and Conditions GTC 610 Check mark one item below as Exhibit D: F ® Exhibit-D Special Terms and Conditions(Attached hereto as part of this agreement) 1 page(s) ❑ Exhibit-D*Special Terms and Conditions Exhibit E—Additional Provisions page(s) i i (terns shown with an Asterisk(*),are hereby incorporated by reference and made part of this agreement as if attached hereto. 9 These documents can be viewed at www.ols.dgs.ca.govIStandard+Language IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. CONTRACTOR CaMfornia Department of General Services Use Only E CONTRACTOR'S NAME{mother than an b)ft feat,state whmera comoratbL petmetsteju etc.) City of Huntington Beach through the Huntington Beach Police Department BY(Autfxmed ftnature) DATE SIGNED(1-fa nat ryp PRINTPDNAtAEAND TrrLE QF PERSON SIGNING 3 Kenneth Small,Chief a ADDRESS 2000 Main Street Y Huntington Beach,CA 92648 ; STATE OF CALIFORNIA � AGENCY NAME Department of Alcoholic Beverage Control ! BY(Auth[uized t+ DATE SIG NE 13o not ) TE NING ®Exempt per. SCM 4.04.3 Ed Jimene4 Assistant Direrckor,Administration ( ADDRESS ' 3927 Lennane Drive,Suite 100;Sacramento,CA 95834 APPROVED AS TO FORM JENNIFER MCGRATH,QtyAftomw By Deputy City MOMWC9L2811 �-- EXHIBIT A EXHIBIT A - SCOPE OF WORK Summary a. Agency Description: The Huntington Beach Police Department (HBPD) is the third largest municipal police department in Orange County. When fully staffed, HBPD consists of 235 sworn and 124 non-sworn personnel. Currently, the department is staffed with at 207 officers and 119 non-sworn personnel. The overall responsibility for ABC establishment enforcement is with the Special Investigation Bureau (SIB) and the Special Enforcement Team (SET). SIB consists of four Narcotics Detectives, one Intelligence Detective, and two Vice Detectives. The Vice Detectives are responsible for the overall enforcement of the ABC establishments. SET is comprised of eight uniformed police officers who assist Vice Detectives with uniformed inspections and ABC enforcement. The Vice Detectives work four, ten hour shifts, Tuesday through Friday. SET officers work three, eleven hour and twenty five minute shifts per week with seven day coverage spread out over the week between the officers. Minors will be provided by the Huntington Beach Search and Rescue team which has forty members under the age of 21. The City of Huntington Beach has a population of 202,566. However, the daily population can easily exceed 300,000 due to tourism and the nearly ten miles of beaches. The median age of the population is approximately forty years old. There are 78,000 households with sixty percent home owners. b. Funding Requested: S 50,000 c. Goals and Objectives: 1) Conduct two undercover operations in the Downtown Business District and the beach focusing on alcohol related crimes, such as Driving Under the Influence, Public Intoxication, Battery, and Furnishing Alcohol to a Minor. 2) Conduct two investigations for sales to overly intoxicated customers through the use of undercover officers at ABC licensed establishments. The businesses will be chosen based on ABC license saturation data, crime statistics, calls for service, and prior citizen complaints. 3) Conduct two "shoulder tap" and two "Minor Decoy" operations. The areas will be chosen based on ABC license saturation data, crime statistics and prior citizen complaints. 4) Coordinate three "Leads" training classes for employees of local ABC establishments. 5) Conduct ten "impact inspections" of on-sale and off-sale licensed businesses. Inspections will be perfonned using ABC trained uniformed officers and ABC investigators. 6) Conduct two trap door operations, in the downtown district to combat fraudulent ID use by minors. 7) Issue two press releases regarding the activities conducted under the ABC grant. EXHIBIT A 8) Using ABC and Vice investigators, provide two training sessions to Huntington Beach police officers on alcohol related enforcement and business education techniques, focusing on ABC license saturated areas. d. Number of ABC Licensed Locations: Total - 386 On-Sale: 227 Off-Sale: 135 Non Retail: 24 Problem Statement: The City of Huntington Beach, also known as "Surf City, USA," is the fourth most populated city within Orange County and has a population of 202,566 with over 380 ABC licensed establishments. Surf City is an international tourism location where tourists come every day to visit its beaches, famous pier, and Downtown Business District. Huntington Beach hosts large events such as the US Open of Surfing, which can bring over one hundred thousand daily visitors to the eight day event, and the Fourth of July Parade, which is the largest parade west of the Mississippi. The City of Huntington Beach experiences a high number of alcohol related crimes in comparison to other nearby cities. These include public intoxication, alcohol related fights and assaults on police officers, possession and consumption of alcohol on the beach, minors in possession of alcohol, minors attempting to purchase alcohol illegally, DUIs and traffic accidents related to alcohol. The Downtown Business District (Main Street) is at the heart of the city's tourism area. This area currently has forty six ABC licensed establishments, even though the Census District is only allotted for five. The Reporting District for the Downtown Business District suffers from an 8009io higher crime rate than the average Huntington Beach Reporting District. This area is also where a high percentage of DUI drivers arrested in Huntington Beach admitted to have consumed alcohol. This admission shows a problem of "over service" by employees of the Main Street bars and restaurants. The over service problem is believed to be a key factor in Huntington Beach's 5`"place ranking for alcohol related traffic collisions out of 53 comparable cities. Huntington Beach hosts the annual professional surfing national championships called the US Open of Pro Surfing during the first week of August. Along with surfing, this event hosts BMX and skateboarding competitions, retail sales, and a large concert venue. The event takes place at the Huntington Beach Pier which is the heart of the Downtown Business District. The event brings over 100,000 visitors per day to a beach area less than a quarter mile long. Over the past several years, police officers working the event have been overwhelmed with the number of tourists bringing alcohol to the event. Since surfing, skateboarding, and BMX events attract a younger crowd of followers, a high percentage of offenders with alcohol were found to be minors. Huntington Beach has long dealt with the problem of minors obtaining and drinking alcohol. In 2011, the HBPD Vice Unit was able to identify a major source where minors obtain alcoholic beverages. During Minor Decoy operations, efforts were focused on gas station EXHIBIT A mini-marts with off sale ABC licenses. Detectives found it to be uncomfortably easy for minor decoys to purchase beer from the clerks. Detectives believe the reasons for this problem are insufficient training of the clerks and lack of previous enforcement. One of the well known side effects of the over consumption of alcohol is an aggressive/combative behavior that can lead to fights and assaultibattery incidents. Huntington Beach had 808 incidents of battery in 2010 and 1 150 incidents of battery in 2011; which is a 42% increase. This increase in alcohol related battery incidents has also lead to an increase in the number of attacks on officers and officer involved uses of force. In 2011, the City of Huntington Beach annexed the unincorporated community of Sunset Beach and took over police services that were formerly handled by the Orange County Sheriffs Department. The annexation brought several new ABC establishments and miles of new beaches and tourist attractions. Due to continuing budgetary constraints, the Huntington Beach Police Department was not able to add new officers to the department as a result of the annexation. The department is authorized to have 235 officers, however, is currently only budgeted for 207 officers. This reduction of personnel combined with the increase in population, businesses, and growing popularity of special events has made it increasingly difficult for patrol officers to keep up with the growing alcohol related problems. 3. Project Description: The Huntington Beach Police Department would like to employ new tactics and proactive operations to combat the identified alcohol related problems the city is currently experiencing. The Huntington Beach Police Department would like to expand the use of undercover officers integrated with uniformed arrest teams to quickly deal with as many alcohol related incidents as possible. These operations would utilize ABC resources, to include both undercover and uniformed teams, especially during larger special events such as the US Open of Pro Surfing. Education through training classes, onsite Impact inspections, and press releases will also be a priority under this grant. To combat the problem of over service, the police department will utilize undercover detectives to identify establishments and specific employees who violate over service regulations. Uniformed officers will be used as the enforcement component to make arrests or issue citations. The uniformed officers will also provide counseling to the establishments regarding ways to remain compliant with ABC regulations. During the US Open of Pro Surfing and other above average crowd days at the beach, including Sunset Beach, the police department will again utilize small teams of undercover and uniformed officers. The undercover officers will be able to move undetected through the crowds to easily identify subjects, especially minors, who are violating alcohol regulations. The undercover officers will utilize uniformed Beach Detail officers who will be able to quickly move to the locations on their quad all terrain vehicles to issue citations and educate the public regarding alcohol laws. The use of undercover officers working with the Beach Detail is indispensible as Beach Detail officers are usually unable to locate alcohol offenders as subjects often hide their alcohol prior to their arrival. EXHIBIT A Minor Decoy operations will be employed throughout the city to ensure minors have a smaller chance of obtaining alcohol. HBPD officers will specifically target quick-marts and gas stations with off-sale ABC licenses as these locations have proven to be an easy source of alcohol for minors. By visiting locations through Minor decoy operations, officers will be able to identify non-compliant businesses and further educate employees and businesses on the importantance of responsible alcohol sales. This education will further provide employees with the tools and knowledge necessary to identify minors and intoxicated persons and prevent them from obtaining alcohol. Uniformed officers will also run Trap Door operations at Downtown Business District bars and restaurants to identify minors who are using fraudulent ID cards to gain access to alcohol. With over 380 ABC licensed establishments, grant funds will be used to educate local ABC establishments to ensure compliance with ABC regulations prior to violations occurring. Uniformed officers will visit on-sale and off-sale establishments to conduct Impact inspections and provide literature and instructional materials for employers. Uniformed officers will also conduct LEADS training with the assistance of ABC Investigators to provide businesses with the training necessary to reduce the overall number of ABC violations by their employees. Through the use of a Police Crime Analyst we will provide written reports and statistical data on establishments regarding the number and types of calls for service and arrests. The City of Huntington Beach will identify, target, and solicit cooperation from problematic ABC licensed establishments. We will fulfill this by conducting operations directed towards enforcement and education. 4. Project Personnel: During the grant operation period of 2012-2013, Huntington Beach Police Department Officers will staff enforcement operations on an overtime basis in order to maintain their normal duties. Due to continued budgetary issues, the Huntington Beach Police Department suffers from a reduced operational staff. In order to ensure patrol coverage of all of the reporting districts, detectives from the Investigation Division and many other specialty assignments have been reassigned to patrol. Due to this reduction in normal staffing, most enforcement covered by this grant will be performed on an overtime basis. The enforcement operations will be managed by the two Vice Detectives assigned to the Special Investigations Bureau. The overall supervision will be handled by the Special Investigations Bureau Detective Sergeant. Narcotics and Intelligence Detectives from the Special Investigations Bureau will assist in conducting all applicable operations in an undercover capacity. Uniformed police officers from the Special Enforcement Team and Beach Detail will supplement and provide support to complete all the described operations when requested by the Vice Detail. Staffing requirements for each operation will vary and are listed below: o Undercover operations on the city beach, including the US Open, will utilize six detectives, one sergeant and two uniformed officers. EXHIBIT A o "Overly Intoxicated Investigations" will utilize six detectives, one sergeant and an arrest team consisting of two uniformed officers. o Impact operations will be handled by two police officers and one sergeant. o "Minor Decoy and Shoulder Tap" will utilize six detectives, one sergeant and an arrest team consisting of two uniformed officers. o "Trap Door" operations will utilize six uniformed officers and one sergeant and an arrest team consisting of two uniformed officers. o "Leads" training classes for employees of local ABC establishments will be instructed by local ABC Investigators and (2) uniformed SET officers. The below listed personnel will be used as the primary officers.to staff the operations during the period of this grant: Name Title Name Title Kevin Kesler #1191 Detective, SIB Steve Fong #1124 Detective, SIB Oscar Garcia #2113 Detective, SIB Brian Jones #1018 Detective, SIB Shawn Randel1 #1174 Detective, SIB Jamie Lopez #2162 Detective, SIB Bo Svendsbo #1058 Sergeant, SIB Julie Romano #2687 Crime Analyst Michelle Bolt Office Assistant 5. Budget: See attached worksheet OTHER FUNDING SOURCES Complete the following to report the total funds available to support the activities related to accomplishing the goals and objectives of the contract. In the "Grant Funds" column, report the ABC funds requested by category. In the"Other Funds" column, report all other funds available to support the project by category(if none, leave blank). Then calculate the totals by category in the "Program Total" column. Total each column down to arrive at the total program funds available. (Round all budget amounts to the nearest dollar.) 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: HBPD is not sufficiently staffed to perform the operations of this NA grant on regular time Det/Ofcr: $ 39,600 A.2 Overtime: 520 hours of Detective/Officer pay @$76.08/hr; 66 hour of Sergeant pay c� Sgt: $ 6,710 101.67/hr; 17 hours of office support C$40.17/hr Office: $ 683 A.3 Benefits: The City of Huntington Beach will pay for the benefits associated with personnel performing this grant. NA TOTAL PERSONNEL SERVICES $ 46,993 B. Operating Expenses (maximum $2,500) $ 900 The City of Huntington Beach will share costs of the operating expenses; a maximum of$ 900.00 will be utilized for this grant. The funds will be used for decoy operations, shoulder tap operations and narcotics investigation "buy funds", fuel and other miscellaneous expenses related to this grant. TOTAL OPERATING EXPENSES $ 900 C. Equipment (maximum $2,500) (Attach receipts for all equipment purchases to monthly billing invoice) $ 1,707 Binoculars will be purchased to assist detectives during surveillance and protection of minor decoys during Minor Decoy and Shoulder Tap operations. TOTAL EQUIPMENT $ 1,707 D. Travel Expense/Registration Fees (maximum $2,000) (Registration fee for July 2012 GAP Conference attendees is $200 each) GAP Conference Fee ($200 x 2 Detectives), Lodging ($ 0 Per Diem/Day x 2 $ 400 Detectives), Food ($ 0 Per Diem/Day x 2 Detectives) TOTAL TRAVEL EXPENSE $ 400 TOTAL BUDGET DETAIL COST, ALL CATEGORIES $ 50,000 ` 7 i i i PAYMENT PROVISION Exhibit B Page 1 of 2 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 ofDepartrnent 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 2012. 2. Revisions to the"Scope of Work'and the "Budget Detail"may be requested by a change f 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 cannot 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. 1 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-f rnished 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 F otherwise directs. 3 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. j PAYMENT PROVISION Exhibit B Page 2 of 2 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 distributiozz. Contractor is required to acknowledge the support of the State whenever publicizing the work under the contract in any media. g 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,Athe 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, i 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. 1 i Updated 12/2111 E E s 3 f a i 6 Exhibit D ' Special Terns and Conditions L 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 i 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. .. I 3. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036,Budget Act of 2012,for the purposes of this program. ' i 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 www.ols.dgs.ca.g_ov/standard+langgag S. 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. 9 Updated 1212/11 - l {l. f f t STATE 6F CALIFORNIA—BUSINESS TRANSPORTATION AND HOUSING AGENCY Edmund G.Brown Jr..Governor DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 3927 Lennane Drive,Suite 100 � Sacramento,CA 95834 (916)419-2500 FAX(916)419-2599 September 7, 2012 Chief Kenneth Small Huntington Beach Police Department 2000 Main Street Huntington Beach, CA 92648 Subject: Contract 12G-LA18 Dear Chief Small: Please find enclosed an approved copy of the above referenced contract entered into between the Department of Alcoholic Beverage Control and the Huntington Beach Police Department in the amount of$50,000. If you have any questions, please feel free to give me a call at (916) 419-2572. Sincerely, r � cr Suzanne Pascual Grant Coordinator Enclosure Cc: Detective Steven Fong, Project Director (no enclosure included) 7 ' Council/Agency Meeting Held: Deferred/Continued to: 51Approv d ❑ Conditionally Approved ❑ Denied oy6Lb.t7e; City rk's ignat r Council Meeting Date: July 16, 2012 Departmen Number: PD 12-008 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kenneth W. Small, Chief of Police SUBJECT: Adopt Resolution No. 2012-48 accepting State Grant funds; authorize execution of a one-year California Department of Alcoholic Beverage Control (ABC) Grant Agreement in the amount of$50,000; and approve appropriation and expenditure of funds on enforcing state laws regulating the sales of alcohol Statement of Issue: On June 1, 2012, the Police Department received notice of the one- year grant award through the State of California, Department of Alcoholic Beverage Control (ABC) in the amount of$50,000. The funds are intended to enforce state laws regulating the sales of alcohol. Financial Impact: Grant funds not anticipated in the original FY2012-13 city budget, estimated to be $50,000 will be fully reimbursed by the grant from the Department of Alcoholic Beverage Control. No other matching or in-kind city funds are required for this grant. A new fund will be established for this funding. Recommended Action: Motion to: A) Approve and authorize Chief of Police to execute the State of California, Department of Alcoholic Beverage Control Grant Assistance Program Standard Agreement; and, B) Adopt Resolution No. 2012-48, "A Resolution of the City Council of the City of Huntington Beach Authorizing Application for and Acceptance of Grant Funds From the State of California Department of Alcoholic Beverage Control and Authorizing Execution of the Grant Agreement;" and, C) Approve the appropriation of $50,000, which is to be fully reimbursed by the grant from the Department of Beverage Control; and, D) Authorize the expenditure of $50,000 for the authorized expenditures approved in the attached grant agreement. Alternative Action(s): Do not authorize approval of this agreement, reject the grant funding and direct staff accordingly. Item 6. - I HB -44- REQUEST FOR COUNCIL ACTION MEETING DATE: 711612012 DEPARTMENT ID NUMBER: PD 12-008 Analysis: The City of Huntington Beach has a very high per capita number of ABC licensed business establishments. Currently, there are 386 active ABC licensed establishments in the City of Huntington Beach. Certain regions in the city have been deemed by the ABC to have an "undue saturation" of ABC licenses. The downtown area falls in this category, with 41 ABC licensed establishments in a region allotted for 5 by the ABC. Huntington Beach also hosts a number of special events throughout the year, including the Fourth of July celebration and the US Open of Professional Surfing. These events bring in thousands of tourists to the beach and downtown area which increases the number alcohol related incidents. The funds from this grant are intended to be used to target both ABC licensed establishments citywide, as well as proactive enforcement operations during special events. This grant provides funding for overtime reimbursement, equipment, and training to conduct enforcement and administrative programs targeting underage drinking and alcohol related violations. These programs will consist of the following: 1) Coordinate ABC alcohol awareness training classes for employees of local ABC establishments. 2) Conduct business inspections of ABC establishments. Inspections will be performed using ABC trained HBPD uniformed officers and ABC inspectors. 3) Conduct undercover operations in the downtown area and beaches and during Special Events to focus on alcohol related crimes (23152(a) VC-Driving Under the Influence, 647(f) PC-Public Intoxication, 242 PC-Battery, and 25658(a) B&P- Furnishing Alcohol to a Minor). 4) Conduct investigations of sales of overly intoxicated customers through the use of undercover officers at ABC licensed establishments. The businesses will be chosen based on ABC license saturation data, crime statistics and prior citizen complaints. 5) Conduct investigations of furnishing alcohol to minors though use of minor decoys at ABC licensed establishments. The locations will be chosen based on ABC license saturation data, crime statistics and prior citizen complaints. 6) Provide training to HBPD sworn officers on alcohol related enforcement and business education techniques, focusing on ABC license saturated areas, such as downtown Huntington Beach. 7) Identify problematic ABC licensed establishments and provide additional training to these locations. 8) Issue two (2) press releases regarding the activities conducted under the ABC grant. Upon approval of the State Budget and the acceptance of this grant, the Police Department's Vice Unit will schedule and initiate these enforcement programs. Environmental Status: Not applicable. Strategic Plan Goal: Maintain public safety. xB -45- Item 6. - 2 REQUEST FOR COUNCIL ACTION MEETING DATE: 7/16/2012 DEPARTMENT ID NUMBER: PD 12-008 Attachment(s): C 1. State of California Standard Agreement #12G-LA18 between the Department of Alcoholic Beverage Control and the City of Huntington Beach through the Huntington Beach Police Department for the term of July 1, 2012 through June 30, 2013 and in the amount of$50,000 2. Resolution No. 2012-48, "A Resolution of the City Council of the City of Huntington Beach Authorizing Application for and Acceptance of Grant Funds From the State of California Department of Alcoholic Beverage Control and Authorizing Execution of the Grant Agreement" Item 6. - 3 xB -46- ATTACHMENT # 1 i STATE OF CAUFORNIA. i STANDARD AGREEMENT ? STD 213(Rev 06103) AGREEMENT NUMBER i 12GLA19 REGISTRATION NUMBER I 1. This Agreement is entered into between the State Agency and the Contractor named below: i STATE AGENCY'S NAME DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL j CONTRACTORS NAME i City of Huntington Beach through the Huntington Beach Police Department 2. The term of this July 1,2012 through June 30,2013 Agreement is: 3. The maximum amount $50,000 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) i Exhibit B—Budget Detail and Payment Provisions 3 page(s) i i i i Exhibit C*—General Terms and Conditions GTC 610 Check mark one item below as Exhibit D: ® Exhibit-D Special Terms and Conditions(Attached hereto as hart of this agreement) 1 page(s) ❑ Exhibit-D*Special Terms and Conditions Exhibit E—Additional Provisions page(s) i 3 } !terns shown Wfh an Asterisk(*),are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.ols.dgs.ca.govlS'tandard+Language IN WTHESS WHEREOF,this Agreement has been executed by the parties hereto. CONTRACTORCalifornia Department of General Services Use only i coNTTRACTOR-S NAME(mother than an biavlauar,slime whethera wmoratkn partnership etc.) City of Huntington Beach through the Huntington Beach Police Department i BY(Authaized Signature) DATE SIGNED(Uo nar typq l PRI NAME AND TITLE OF PERSON SIGNING 3 Kcnncth Small,Chief ADDRESS 2000 Main Street Huntington Beach;CA 92648 j STATE OF CALIFORNIA � AGENCY NAME l Department of Alcoholic Beverage Control E BY(Auffi=ed Signature) DATE SIGNED(Da not rypej ? i PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per SCnA 4.04.3 Ed Jimenez,Assistant Director,Adrninishution i ADDRESS 3927 Lennane Drive,Suite 100;Sacramento,CA 95834 A&PROVED AS TO FORD JENNIFER McGMTH,City Aftomw Byl o Deputy City SCOPE OF WORK Exhibit A Summary a. Agency Description: The Huntington Beach Police Department (HBPD) is the third largest municipal police department in Orange County. When fully staffed, HBPD consists of 235 sworn and 124 non-sworn personnel. Currently, the department is staffed with at 207 officers and 119 non-sworn personnel. The overall responsibility for ABC establishment enforcement is with the Special Investigation Bureau (SIB)and the Special Enforcement Team (SET). SIB consists of four Narcotics Detectives, one Intelligence Detective, and two Vice Detectives. The Vice Detectives are responsible for the overall enforcement of the ABC establishments. SET is comprised of eight uniformed police officers who assist Vice Detectives with uniformed inspections and ABC enforcement. The Vice Detectives work four, ten hour shifts, Tuesday through.Friday. SET officers work three, eleven hour and twenty five minute shifts per week with seven day coverage spread out over the week between the officers. Minors will be provided by the Huntington Beach Search and Rescue team which has forty members under.the age of 21. The City of Huntington Beach has a population of 202,566. However, the daily population.can easily exceed 300,000 due to tourism and the nearly ten miles of beaches. The median age of the population is approximately forty years old. There are 78,000 households with sixty percent home owners. b. Funding Requested: $ 98,369 C- Goals and Objectives: 1) Conduct nine undercover operations in the Downtown Business District and the beach focusing on alcohol related crimes, such.as Driving Under the Influence,. Public Intoxication, Battery, and Furnishing Alcohol to a Minor. 2) Conduct one "Party Patrol" operation on 4 h of July to combat excessive alcohol consumption to prevent alcohol related crimes such.as Driving Under the Influence, Public Intoxication,Battery, and consumption of alcohol by minors. 3) Conduct two investigations for sales to overly intoxicated customers through the use of undercover officers .at ABC licensed establishments. The businesses will be chosen based on ABC license saturation data,crime statistics,calls for service,and prior citizen complaints. 4) Conduct three"shoulder tap" and three"Minor.Decoy" operations.The areas will be chosen based on ABC license saturation data,crime statistics and prior citizen complaints. 5) Coordinate three"Leads"training classes for employees of local ABC establishments. 6) Conduct ten "impact inspections" of on-sate and off-sale licensed businesses. Inspections will be. performed using ABC trained uniformed officers and ABC investigators. 7) Conduct two trap door operations,in the downtown district to combat fraudulent ID use by minors. 8) Issue two press releases regarding the activities conducted under the ABC grant. 9) Using ABC and Vice investigators, provide training to Huntington Beach police officers on alcohol related enforcement and business education techniques,focusing on ABC license saturated areas. d. Dumber of ABC Licensed Locations: Total-386 On-Sale: 227 Off-Sate: 135 Non Retail: 24 Problem Statement: t The City of Huntington Beach, also known as "Surf City, USA," is the fourth most populated city within Orange County and has a population of 202,566 with over 380 ABC licensed establishments. Surf City is an international tourism location where tourists come everyday to visit its beaches,famous pier,and Downtown i{ t Exhibit A Business District, Hunntington Beach hosts large events such as the US Open of Surfing,which can bring over one hundred thousand daily visitors to the eight day event,and the Fourth of July Parade,which is the largest parade west of the Mississippi. The City of Huntington Beach experiences a high number of alcohol related crimes in comparison to other nearby cities. These include public intoxication, alcohol related fights and assaults on police officers, i i possession and consumption of alcohol on the beach, minors in possession of alcohol, minors attempting to purchase alcohol illegally, DUIs and traffic accidents related to alcohol. The Downtown Business District(Main Street) is at the heart of the city's tourism area. This area currently has forty six ABC licensed establishments, even though the Census District is only allotted for five_ The Reporting District for the Downtown Business District suffers from an 800% higher crime rate than the average Huntington Beach Reporting District. This area is also where a high percentage of DUI drivers arrested in Huntington Beach admitted to have consumed alcohol. This admission shows a problem of"over service'by employees of the?Main Street bars and restaurants. The over service problem is believed to be a key factor in Huntington Beach's 5 h place ranking for alcohol related traffic collisions out of 53 comparable cities. c z i Huntington Beach hosts the annual professional surfing national championships called the US Open of Pro Surfing during the first week of August. Along with surfing, this event hosts BMX and skateboarding competitions, retail sales, and a large concert venue. The event takes place at the Huntington Beach Pier which is the heart of the Downtown Business District. The event brings over 100,000 visitors per day to a beach area less than a quarter mile long. Over the past several years,police officers working the event have been overwhelmed with the number of tourists bringing alcohol to the event. Since surfing, skateboarding, and BMX events attract a younger crowd of followers, a high percentage of offenders with alcohol were found to be minors. f Huntington Beach has long dealt with the problem of minors obtaining and drinking alcohol. In 2011,the HBPD Vice Unit was able to identify a major source where minors obtain alcoholic beverages_ During Mirror Decoy operations, efforts were focused on gas station mini-marts with off sale ABC licenses. Detectives j found it to be uncomfortably easy for minor decoys to purchase beer from the clerks: Detectives believe the reasons for this problem are insufficient training of the clerks and lack of previous enforcement. One of the well known side.effects of the over consumption of alcohol is an aggressivelcombative behavior that can lead to fights and assault/battery incidents. Huntington Beach had 808 incidents of battery in 2010 and 1150 incidents of battery in 2011; which is a 42% increase. This increase in alcohol related battery incidents has also lead to an increase in the number of attacks on officers and officer involved uses of force. In 2011,the City of Huntington Beach annexed the unincorporated community of Sunset Beach and took over police services that were formerly handled by the Orange County Sheriffs Department. The annexation brought several new ABC establishments and miles of new beaches and tourist attractions.Due to continuing budgetary ,constraints, the Huntington Beach Police Department was not able to add new officers to the � department as a result of the annexation. The department is authorized to have 235 officers, however, is currently only budgeted for 207 officers. This reduction of personnel combined with the increase in population, businesses, and growing popularity of special events has made it increasingly difficult for patrol officers to keep up with the growing alcohol related problems. Project Description: The Huntington Beach Police Department would like to employ new tactics and proactive operations to combat the identified alcohol related problems the city is.currently experiencing. The Huntington_Beach ; f ag hX111b1t A Police Department would like to expand the use of undercover officers integrated with uniformed arrest teams to quickly deal with as many alcohol related incidents as possible. These operations would utilize ABC resources,to include both undercover and uniformed teams,especially during larger special events such as the US Open of Pro Surfing. Education through training classes, onsite Impact inspections, and press releases will also be a priority under this grant. To combat the problem of over service, the police department will utilize undercover detectives to identify establishments and specific employees who violate over service regulations. Uniformed officers will be used as the enforcement component to wake arrests or issue citations. The uniformed officers will also provide counseling to the establishments regarding ways to remain compliant with ABC regulations. The same protocol of undercover officers working with uniforrsmed.officers will be utilized to locate and arrest. individuals who are in violation of public intoxication laws. The operations will be conducted during times of above average crowds and tourism, such as holidays and special events. The operations will be supplemented with detention officers and transportation vehicles and may have temporary-booking facilities located in the Downtown Police Sub Station that lies in the middle of the Downtown Business District. The operations will allow patrol officers to be available in the field,taking away the time consuming burden of booldng a subject in violation of public intoxication laws. s During the US Open of Pro Surfing and other above average crowd days at the beach, including Sunset Beach, the police department will again utilize small teams of undercover and uniformed officers. The undercover officers will be able to move undetected through the crowds to easily identify subjects,especially minors, who are violating alcohol regulations. The undercover officers will utilize uniformed Beach Detail officers who will be able to quickly move to the locations on-their quad all terrain vehicles to issue citations and educate the public regarding alcohol laws. The use of undercover officers working with the Beach Detail is indispensable as Beach Detail officers are usually unable to locate alcohol offenders as subjects often hide their alcohol prior to their arrival. During the 4 h of July holiday celebration., the police department will deploy two party patrol teams that will specifically deal with "house parties" where alcohol service and consumption are unregulated. These teams will be able to curtail the numbers of overly intoxicated subjects and minors obtaining alcohol by dealing with party houses prior to the problems occurring. I Manor Decoy operations will be employed throughout the city to ensure minors have a smaller chance of obtaining alcohol. IIBPD officers will specifically target quick-marts and gas stations .with off--sale ABC , licenses as these locations have proven to be an easy source of alcohol for minors. By visiting locations through Minor decoy operations,'oficers will be able to identify non-compliant businesses and further educate employees and businesses on the importantance of responsible alcohol sales. This education will further provide employees with the tools and knowledge necessary to identify minors and intoxicated persons and prevent them from obtaining alcohol. s Uniformed officers will also run Trap Door operations at Downtown Business District bars and restaurants to. i identify minors who are using fraudulent ID cards to gain access to alcohol. i With over 380 ABC licensed establishments, grant funds will be used to educate local ABC establishments to t ensure compliance with ABC regulations prior to violations occurring. Uniformed officers will visit on-sale and off-sale establishments to conduct Impact inspections and provide literature and instructional materials for employers_ Uniformed officers will also conduct LEADS training with the assistance of ABC Investigators to provide businesses with the training necessary to reduce -the overall number of ABC violations by their employees. Exhibit A Through the use of a Police Crime Analyst we will provide written reports and statistical data on establishments regarding the number and types of calls for service and arrests. The City of Huntington Beach will identify, target, and solicit cooperation from problematic ABC licensed establishments. We will fulfill this by conducting operations directed towards enforcement and education.. Project Personnel: During the grant operation period of 2012720I3, Huntington.Beach Police Department Officers will staff enforcement operations on an overtime basis in order to maintain their normal duties. Due to continued I budgetary issues, the Huntington Beach Police Department suffers from a reduced operational star In order to ensure patrol coverage of all of the reporting districts,detectives from the Investigation Division and many other specialty assignments have been reassigned to patrol. Due to this reduction in normal staffing, most enforcement covered by this grant will be performed on an overtime basis. The enforcement operations will be managed by the two Vice Detectives assigned to the Special Investigations Bureau.The overall supervision will be handled by the Special Investigations Bureau Detective Sergeant. Narcotics and Intelligence Detectives from the Special Investigations Bureau will assist in conducting all applicable operations in an undercover capacity. Uniformed police officers from the.Special Enforcement Team and Beach Detail will supplement and provide support to complete all the described operations when requested by the Vice Detail. i Staffing requirements for each operation will vary and are listed below: o Undercover operations on the city beach, including the US Open, will utilize seven detectives, one sergeant and six uniformed officers broken up into three separate arrest teams. o "Overly Intoxicated Investigations" will utilize six detectives, one sergeant and an arrest team consisting of two uniformed officers. o "Party Patrol"operations will use eleven uniformed officers, two detectives, and one sergeant. The officers will be broken into two separate teams. I o Impact operations will be handled by two police officers and one sergeant. o "Minor Decoy and Shoulder Tap" will utilize six detectives, one sergeant and an arrest team consisting of two uniformed officers. ! o "Trap Door" operations will utilize six uniformed officers and one sergeant and an arrest team consisting of two uniformed officers. o "Leads"training classes for employees of local ABC establishments will be instructed by local ABC Investigators and(2)uniformed SET officers. The below listed personnel will be used as the primary officers to staff the operations during the period of this 4 grant. Name Title Name Title Kevin Kesler #1191 Detective,SIB Steve Fong #1 I24 Detective, SIB Oscar Garcia 92113 Detective,SIB Blian Jones 91018 Detective,SIB Shawn Randell #1174 Detective,SIB Jamie Lopez #2162 Detective,SIB 1 Bo Svendsbo #1058 Sergeant SIB Julie Romaiao #2687 Crime Analyst Michelle Bolt Office Assistant 5. Budget: See attached worksheet I • 3 BUDGET ;DETAIL Exhibit B BUDGET CATEGORY AND LINE-ITEM RETAIL COST (Round budget amounts A. Personnel Services (straight time salaries,overtime,and benefits) to nearest dollar) i A.1 Straight Time: HBPD is not sufficiently staffed to perform the operations of this NA grant on regular time DedOfcr:$79,579 j A.2 Overtime: 1046 hours of Detective/Officer pay @ S76.0&hr;102 hour of Sergeant pay @ Sgt:$10,370 101.67ft 40 hours of crime analyst pay @$52;86/hr,40 hours of office support @$40.17ft) Analyst:$2,114 Office Support:$1,606 A.3 Benefits; The City of Huntington Beach will pay for the benefits.associated with NA personnel performing this grant. TOTAL PERSONNEL SERVICES $93,669 B.Operating Expenses(maximum$2,500) The City of Huntington Beach will share costs of the operating expenses; a maximum of$2,200 will,be utilized for this grant. The funds will be used for decoy operations,shoulder tap operations and narcotics investigation"buy funds", fuel and other miscellaneous expenses related to this grant. R TOTAL OPERATING EXPENSES $2,200 C.Equipment(maximum$2,500) 1 (Attach receipts for all equipment purchases to monthly billing invoice) $'2,100 Binoculars will be purchased to assist detectives during surveillance and protection of minor decoys during Minor Decoy and Shoulder Tap operations. - I TOTAL EQUIPMENT � $2,100 � D._Travel Expense/Registration Fees(maximum$2,000) (Registration fee for July 2012 GAP Conference attendees is$200 each) S GAP Conference Fee($200 x 2 Detectives),Lodging($0 Per Diem/Day x- 2 $400 Detectives),Food($0 Per Diem/Day x 2 Detectives) 3 i { TOTAL TRAVEL EXPENSE $400 { i TOTAL BUDGET DETAIL COST,ALL CATEGORIES $ 98,369 E s f E { i PAV14'M TT PROVISION Exhibit B 4 i Page l of 2 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 ti 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 2012. 2. Revisions to the"Scope of Work"and the `Budget Detail"may be requested by a change 3 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 cartnot 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: S. 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 j 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 F otherwise directs. s F 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. j E F F 1 PAYMENT PROVISION Exhibit B Page 2 of 2 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., 3 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 3 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 array funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not.be obligated to perform 4 any provisions of this Agreement. ' F 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. i i Updated 12/2111 E E • j i ;E F 3 P Exhibit D a Special Terms and Conditions E L 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 dispute ' hereunder,Contractor shall proceed diligently with the performance cif 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 2012,for the purposes of this program. i i 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 www.ols.dgs.ca.gov/standard+langua e. S. 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 1212/11 {{d 2FF f i j } ATTACHMENT #2 RESOLUTION NO. 2012-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING APPLICATION FOR AND ACCEPTANCE OF GRANT FUNDS FROM THE STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AND AUTHORIZING EXECUTION OF THE GRANT AGREEMENT WHEREAS,the City of Huntington Beach desires to undertake a certain project designated as Decoy, Shoulder Tap, Trap Door and Impact Operations, designed to reduce underage drinking and other alcohol-related crimes, to be funded in part from funds available through the Grant Assistance Program(GAP) administered by the Department of Alcohol Beverage Control (hereafter referred to as ABC), NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: That the Chief of Police, or his designee, of the City of Huntington Beach is authorized to submit the attached proposal to the ABC, is authorized to accept Grant Funds and to execute, on behalf of the City of Huntington Beach, the attached contract, including any extension or amendments thereof and any subsequent contract with the State in relation thereto. IT IS AGREED that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the City of Huntington Beach. The State of California and ABC disclaim responsibility for any such liability. BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body. IT IS FURTHER AGREED that this award is not subject to local hiring freezes. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16 th day of July , 2012. Mayor REVIE ND APPROVED: APPROVED AS TO FORM: _d�� City er Attorney Z�o<<Z INITI D D APPROVED: Poli e Chief 12-3406/81676 Res. No. 2012-48 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on July 16, 2012 by the following vote: AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman NOES: None ABSENT: None ABSTAIN: None City Uerk and ex-officio , rk of the City Council of the City of Huntington Beach, California