SAN RAFAEL CITY COUNCIL AGENDA REPORT

Transcription

1 Agenda Item No: 3.h Meeting Date: June 20, 2016 Department: POLICE SAN RAFAEL CITY COUNCIL AGENDA REPORT Prepared by: Dan Fink, Police Lieutenant City Manager Approval: TOPIC: SUBJECT: CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL GRANT ASSISTANCE PROGRAM RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A GRANT FROM THE STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AWARDED TO THE SAN RAFAEL POLICE DEPARTMENT IN THE AMOUNT OF $61,861 FOR USE IN FISCAL YEAR 2016/17 RECOMMENDATION: Staff recommends the City Council adopt a resolution accepting the grant from the California Department of Alcoholic Beverage Control (ABC). BACKGROUND: In March of 2016, the San Rafael Police Department applied to the ABC for a grant to conduct alcohol enforcement in the City of San Rafael. The proposed grant funds would be used to conduct a multitude of operations targeting alcohol violations. These operations will include minor decoy operations, shoulder tap operations, undercover operations, administrative inspections, and education and training. ANALYSIS: The San Rafael Police Department will use grant funds to conduct enforcement at ABC-licensed establishments in San Rafael and neighboring cities. Enforcement will focus on problem premise locations with a high frequency of calls for service and past ABC violations. It will also focus on inservice and retail training. The San Rafael Police Department will employ a variety of strategies to address alcohol-related problems in the community. The strategy will include multi-agency partnerships with other county law enforcement agencies and the Marin County Department of Health and Human Services. Our strategy will include aggressive enforcement of violations related to licensees with the assistance of local ABC agents, specifically conducting undercover operations and minor and shoulder tap operations. Education will be provided to licensees and in-service training to officers in the agencies participating. The program will be evaluated monthly and a final report will be completed. FOR CITY CLERK ONLY File No.: Council Meeting: Disposition:

2 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 The ABC has provided staff with a required form of resolution and contract for approval by the Council. FISCAL IMPACT: The $61,681 award is for fiscal year 2016/17. The monies will be reimbursed to the City every month after paperwork is submitted showing what was spent on operations during the previous month. The City will be reimbursed 100% of what it spends; there is no matching requirement. Grant proceeds will be appropriated in the Safety Grant Fund. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt resolution as presented, approving the grant award; 2. Adopt resolution with modifications; 3. Direct staff to return with more information; 4. Take no action. RECOMMENDED ACTION: Adopt the resolution approving the grant award and authorizing the Police Chief to execute the grant contract. ATTACHMENTS: 1. Resolution with attached Standard Agreement between ABC and the City of San Rafael

3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A GRANT FROM THE STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AWARDED TO THE SAN RAFAEL POLICE DEPARTMENT IN THE AMOUNT OF $61,861 FOR USE IN FISCAL YEAR 2016/17. WHEREAS, the City of San Rafael desires to undertake, through its Police Department, a certain project designated as San Rafael Alcohol Enforcement Program to be funded in part from funds made available through the Grant Assistance Program (GAP) administered by the California Department of Alcoholic Beverage Control (hereafter referred to as ABC); Fund. WHEREAS, the proceeds from this grant will be appropriated in the Safety Grant NOW, THEREFORE, BE IT RESOLVED that the Chief of Police of the City of San Rafael is authorized to execute on behalf of San Rafael City Council the attached contract, including any extensions 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 grant recipient and the authorizing agency. 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 the City Council. IT IS ALSO AGREED that this award is not subject to local hiring freezes. I, Esther Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on Monday the 20 th day of June, 2016 by the following vote, to wit: AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers: ESTHER C. BEIRNE, City Clerk

4 STATE OF CALIFORNIA STA"IDARD AGREEMENT STD 213 (Rev 06/03) AGREEMENT NUMBER 16G-LA42 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 San Rafael through the San Rafael Police Department 2. The term of this July 1,2016 through Agreement is: 3. The maximum amount of this Agreement is: $ 61,861 June 30, 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 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) LQJ Exhibit - D* Special Terms and Conditions Exhibit E - Additional Provisions 3 page(s) GTC 610 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 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (if other than an individual, state whether a corporation, pannership, etc.) City of San Rafael through the San Rafael Police Department BY (Authorized Signature) z5 PRINTED NAME AND TITLE OF PERSON SIGNING Diana Bishop, Chief ADDRESS 1400 Fifth Avenue San Rafael, CA AGENCY NAME STATE OF CALIFORNIA Department of Alcoholic Beverage Control BY (Authorized Signature) DATE SIGNED(f)o no/type) DATE SIGNED(Do IID//ype) California Department of General Services Use Only z5 PRINTED NAME AND TITLE OF PERSON SIGNING [8J Exempt per: SCM 4.04.(A)(3) Randall Deems, Assistant Director, Administration ADDRESS 3927 Lennane Drive, Suite 100, Sacramento CA 95834

5 SCOPE OF WORK Exhibit A 1. SUMMARY a. The City of San Rafael is the county seat for Marin County and is located 17 miles north of San Francisco. The city encompasses 22 square miles and serves a population of 57,713 under a Council-Manager form of government. San Rafael has 10 elementary schools, 3 high schools and I University. According to the San Rafael Chamber of Commerce, the majority of people living in San Rafael are Caucasian, but 30% of the population is Hispanic or Latino decent. The median household income is $91,400 but there is a relatively low income area in the Canal Neighborhood and a substantial transient problem downtown. The San Rafael Police Department has 65 sworn and 23 non-sworn employees serving under the direction of the Chief of Police. The Department is divided into two divisions: Patrol and Administrative Services. The Patrol Division is staffed with 50 sworn officers supervised by a Captain and includes Patrol, Traffic, SWAT, and Street Crimes Unit. The Administrative Services Division is staffed by 15 sworn officers and 23 non-sworn employees supervised a Captain and includes Investigations, Personnel and Training, Ranger/ Marine Auxiliary, Special Operations Unit, School Resource, Dispatch, Records, Property, Evidence and Youth Services Bureau. b. The San Rafael Police Department is requesting a total of$61,861 under this Grant Assistance Program. c. The San Rafael Police Department will use Grant funds to conduct enforcement at ABC-licensed establishments in San Rafael and neighboring cities. Enforcement will focus on problem premise locations with a high frequency of calls for service and past ABC violations. It will also focus on in-service and retail training. d. According to ABC statistics, the City of San Rafael currently has 157 on-sale and 64 off-sale licensed establishments. This includes numerous restaurants, convenience and liquor stores, along with bars and several nightclubs. The department will not be able to focus the necessary resources towards the enforcement of licensed establishments due to other priorities and funding shortages. 2. PROBLEM STATEMENT: Although San Rafael is an upper middle class community with a relatively low crime rate, many of the problems in the community revolve around the consumption of alcohol. Several problem premise locations drain police resources by requiring numerous responses to physical fights, arguments, assaults, drinking in public, urination, and noise complaints. In 2015 the San Rafael Police Department made 559 arrests for public intoxication. The rest of the county combined, including all 11 other jurisdictions, made 409 arrests. San Rafael by far has the largest problem with alcohol abuse within Marin County. The downtown area of San Rafael is the area where the majority of the disorderly conduct related calls for service occur. Out of the eight bars within the downtown area, the Spitfire Lounge, Trevor's Bar, West End Cafe and the Flat Iron continue to be the most problematic. The police department responded to 77 assault related calls for service at those four bars last year. According to the California Healthy Kids Survey, 37% (or more than a third) of all San Rafael 11 th graders report having consumed alcohol in the last 30 days. That is higher than the statewide average of 33%.

6 SCOPE OF WORK Exhibit A Of all San Rafael 11 th graders 22% (or more than 1 in 5) report binge drinking alcohol in the last 30 days (double the state average of 11 %). Alcohol is easily obtainable by teens in Marin county and it is used in large quantities. In response to numerous incidents involving teenage drinking, the City of San Rafael passed a Social Host ordinance modeled after the one implemented by the County of Marin. This Social Host ordinance allows the department to obtain restitution for the time spent by officers investigating these cases. In February of2014 to June of2014, the San Rafael Police Department was awarded the Minor Decoy/ Shoulder Tap Grant Program by The Alcohol Beverage Control. The grant was very successful and we were able to conduct two Shoulder Tap operations, two Minor Decoy operations and one LEAD class. In 2013, the San Rafael Police Department was selected to team up with the Marin County Health and Human Services to participate in the Strategic Prevention Framework State Initiative Grant to reduce underage and excessive drinking in youth ages The San Rafael Alcohol Compliance Team (SR ACT) was created through a partnership with the San Rafael Police Department and the Marin County Department of Health & Human Services. Through effective enforcement such as compliance checks at bars, restaurants, and special events, SR ACT helps ensure that San Rafael businesses and residents understand and uphold laws put in place to protect the health and safety of our community. From June of to February of 20 16, the San Rafael Police Department conducted 24 Minor Decoy operations. During the Minor Decoy operations 50 citations were issued at San Rafael on and off site licensed businesses. Thirty six Bar Compliance Checks operations were conducted and eleven citations issued. Thirty Juvenile Party Patrols were conducted where 31 parties were visited and 72 citations were issued. We also conducted 5 Responsible Beverage Service training, with 14 different businesses and 35 employees attended. In April of2016, the ACT partnership will end and the San Rafael Police Department will no longer have the funding to continue these types of proactive operations. The San Rafael Police Department will have no choice to re-consider its priorities and will not be able to focus on special assignments, undercover operations and other investigative techniques that we used to use to educate and enforce alcohol related issues. 3. PROJECT DESCRIPTION: The San Rafael Police Department will coordinate a working task force involving ABC, code enforcement, local schools and the Marin County Health and Human Services. This task force will identify problem premise locations and implement a strategy that will involve enforcement as well as training/education with the establishments to help improve the quality oflife of the citizens who live and visit the city of San Rafael. The San Rafael Police Department believes alcohol related problems need to be addressed utilizing a variety of proven strategies. These strategies include aggressive enforcement of violations associated with on-sale and off-sale establishments, education of ABC-licensed establishments to ensure compliance, and law enforcement training to increase the expertise in ABC law. Listed below are the approaches that we will like to take to keep our community safe.

7 SCOPE OF WORK Exhibit A In-Service Training As part of this multi-agency model, in-service training will be provided to all patrol officers of the participating agencies. These training will be conducted at the beginning of every month starting in Augusts of and ending in May of The training will be conducted at the beginning of the patrol shifts' briefing in 15 minute blocks. The topics covered will be Business and Profession codes that will be useful to patrol officers, resources that are available to assist in investigations such as Teenage Party Prevention, Enforcement and Dispersal (T.A.P.P.E.D) and Target Responsibility For Alcohol Connected Emergencies (T.R.A.C.E). Objectives: Conduct 40 briefing trainings for all 4 patrol teams. (One training, per month, per patrol team). Minor Decoy, Trap Door & Shoulder Tap Operations: Based on prior Minor Decoy operations, we are aware that those operations are an effective way to reduce access to alcohol by our youth and to make sure that stores are complying with the law by checking identification used by people purchasing alcohol. The San Rafael Police Department has never conducted a Trap Door type of operation but look forward to working with ABC in conducting these operations at local bars and nightclubs. In addition, we have found that most adults who purchase alcohol for our youth are homeless persons who loiter in front of liquor stores. These Shoulder Tap operations have been successful during a prior grant and we want to continue to test our liquor establishments in the future. Additional enforcement will be conducted in conjunction with special events and juvenile related activities. Objectives: Conduct at least 8 Minor Decoy operations. Conduct at least 8 Shoulder Tap operations. Conduct at least 8 TRAP Door operations IMP ACT and LEAD training The San Rafael Police Department recognizes the importance of educating and training the local on and off site licensees'. There are limited resources within the department and the need to educate these establishments is paramount in order to succeed in preventing and detouring crimes related to alcohol abuse. Objectives: Conduct at least 8 IMP ACT operations Conduct at least 2 LEAD trainings. Undercover Enforcement Undercover enforcement will be conducted at problem premises in the cities of San Rafael and other allied agencies in Marin County. Officers from these agencies will conduct operations in cooperation with the Santa Rosa district office of ABC. The focus of the enforcement will include: over-serving of intoxicated patrons and underage drinking in bars; narcotics sales and usage by bar staff and

8 SCOPE OF WORK Exhibit A patrons. Use of officers from the respective agencies will improve the success rate of operations as officers will not be recognized by bar staff in this jurisdiction. Objective: Conduct at least 5 undercover operations at problem premise locations. The focus of the operations will be to identify and locate subjects who are engaging in illegal activity in and around bars and nightclubs in San Rafael. General enforcement in the area of ABC-licensed establishments will include officers in uniform and plain clothes. Additional enforcement will be conducted to coincide with downtown special events which bring a large influx of people into the area. These events include the Farmers Market, May Madness Car Parade and Show, and the Italian Street Painting Festival. Enforcement will also be coordinated with school special events such as dances and end of the year events. These school-related patrols will focus on minors consuming alcoholic beverages and issues related to the Social Host ordinance. Increase Communication within the Community The San Rafael Police Department is committed to working with and enhancing the quality of life for our residents and our local businesses in problem solving partnership with our community. We recognize the need for the public to understand what we are doing and what types of enforcement are taking place. Issuing a press release is one of the best ways to reach the community, educate them and detour crime from happening. We will also use our Facebook and Twitter account, which has over 9000 followers, to disseminate this information. Objective: Issue press releases after each operation to the local media. I will also leave contact information for the supervising officer to respond to any questions that arise from the community to promote active and educational dialogue. OVERALL GRANT GOALS AND OBJECTIVES: The San Rafael Police Department has identified the following goals and objectives as the priorities for this Grant Assistance Project: 1. Conduct monthly briefing training in 15-minute blocks with each Patrol Team beginning in August 2016 and continuing through May Conduct at least 5 undercover operations and general enforcement operations focusing at problem premise locations. 3. Conduct at least 8 Minor Decoy operations. 4. Conduct at least 8 Shoulder Tap operations. 5. Conduct at least 8 TRAP Door operations 6. Conduct at least 8 IMPACT inspections. 7. Work with ABC personal in setting up 2 LEAD trainings. 8. Issue a press release after every operation regarding the grant and the related activities. 4. PROJECT PERSONNEL: This grant will be the responsibility of the Operations Services Bureau. The Project Director will be Lieutenant Dan Fink. Sergeant Scott Eberle will be responsible for ensuring the implementation of the various proposed strategies outlined in the project description.

9 BUDGET DETAIL Exhibit B BUDGET CATEGORY AND LINE-ITEM DETAIL A. Personnel Services (Straight Time Salaries, Overtime, and Benefits) COST (Round budget amounts to nearest dollar) A.l Straight Time $0.00 (NONE) A.2 Overtime 248 hours $95.07 per hour $23, hours (Of $87.40 per hour $34, A.3 Benefits 1.45% of $46,982 $ B. Operating Expenses (maximum $2,500) TOTAL PERSONNEL SERVICES $59, TOTAL OPERATING EXPENSES $0.00 C. Equipment (maximum $2,500) (Attach receipts for all equipment purchases to monthly billing invoice) TOTAL EQUIPMENT $0.00 D. Travel ExpenselRegistration Fees (maximum $2,500) (Registration fee for July 2016 GAP Conference attendee is $275 each) Registration for July 2016 GAP Conference (3) Attendees at $275 each $ Travel, Per Diem, and Lodging $1, TOTAL TRAVEL EXPENSE $2, TOTAL BUDGET DETAIL COST, ALL CATEGORIES $61,861.00

10 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 , Budget Act, Statutes of 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.

11 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

12 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 ~nforceable only if adequate funds are appropriated in Item , 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 htlp:// ources/ tandardcontractlanguage.aspx. 5. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity. Updated 2/19/16