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HomeMy WebLinkAboutReso 73-2004RESOLUTION NO. 73-2004 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE AGREEMENT WITH THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROl, TO ACCEI~F $30,000 IN GRANT FUNDING MADE AVAILABLE THROUGH THE GRANT ASSISTANCE TO LOCAL I~W ENFORCEMENT AGENCIES PROJECT ADMINISTERED BY ABC AND AMENDING THE POLICE DEPARTMENT'S CURRENT BUDGET TO ACCEtYF $30,000 THE DEPARTMENT WILl, RECEIVE FROM ABC WHEREAS, the City of South San Francisco desires to undertake a certain project designated as the SSFPD/ABC Training and Enforcement Grant Project to be funded in part from funds made available through the Grant Assistance to Local Law Enforcement Agencies Project administered by the Department of Alcoholic Beverage Control (hereafter referred to as ABC). NOW, THEREFORE, BE IT RESOLVED as follow: 1) The City Manager of the City of South San Francisco is authorized, on its behalf to submit the attached proposal to ABC and is authorized to execute on behalf of its City Council the attached contract, including any extensions or amendments thereof and any subsequent contract with the State in relation thereto. 2) 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. 3) Grant funds received here under shall not be used to supplant expenditures controlled by this body. 4) This award, to the extent of any positions are funded solely by this grant, said positions shall be exempt from any citywide hiring freeze. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 28th day of July 2004 by the following vote: AYES: Councilmembers Joseph A. Femekes, Richard A. Garbarino, and Pedro Gonzalez, Vice Mayor Raymond L. Green and Mayor Kary1 Matsumoto NOES: None. ABSTAIN: None. ABSENT: None. ATTEST: City Cle~'k ' STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) IAGREEMENT NUMBER 04G-LA21 This Agreement is entered into between $~9 State Agency. and the Contractor named below: STATE AGENCY'S NAME Department of Alcoholic Beverage Control ,.' CONTRACTOR'S NAME CitA' of South San Francisco through the South San Francisco Police De0artment The term of this 2. A cement is July 1, 2004 through June 30, 2005 3. The maximum amount $ $30,000.00 of this Agreement is: a part of the Agreement: Exhibit A - Scope of Work/Project Narrative Exhibit B - Payment Provisions Exhibit C - Budget Estimate Exhibit D* - General Terms and Conditions Exhibit E - Special Terms and Conditions The parties agree to comply with the terms and conditions of the following exhibits which are by this reference mad. 7 pages 2 pages 1 page GTC 304 1 page hems 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 ~. ols. des ca gov/Star~~~'Language IN WITNESS WHEREOF, this Agreement has been executed by the pa~aies hereto. CONTRACTOR CONTRACTOR'S NAME (tf other than an individual, xtate whether o corporation, partnership, etc.) South San Francisco Police Department BY (Authorized Signature) iDATE SIGNED (Do not type) PRINTED NAMF, AN[) TITLE OF PERSON SIGNING ADDRESS 33 Arroyo Drive, Suite C South San Francisco, CA 94080 STATE OF CALIFORNIA AGENCY NAME Deoartment of Alcoholic Beverage Control BY (Aud~orized Sign PRINTED NAME AND 'I'FiI~E Anthony M. Nieto, Administration DA:rE SiGyED ~Do not ~.7~c) ADDRESS 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 California Department of General Services Use Only Exempt per Exhibit A PROJECT NARRATIVE PROP,OSAL: The South San Francisco Police Department requests $70,000 in funding from the Department of Alcoholic Beverage Control to implement strategies aimed at reducing problems with disruptive and disorderly alcoholic beverage outlets. 1. BACKGROUND (20 Points): A. History: The South San Francisco Police Department was one of the first police agencies on the West Coast to embrace a Community Oriented Policing and Problem Solving (COPPS) philosophy. The philosophy is demonstrated throughout the organization routinely as part of our daily policing activities. One of the essential tenets of a COPPS philosophy is utilizing the resources of the police, community-based organizations and service providers, as well as other governmental agencies, to address community concerns. ']['he expressed purpose is to empower the community via police and community partnership, to accomplish quality of life improvement. This is a value statement that has given the Police Department a high degree of credibility in South San Francisco, its nearby communities and throughout San Marco County. South San Francisco has one of the most ethnically and culturally diverse populations in California, with minority residents comprising more than 59% of the total population. The diverse population includes both older established ethnic communities and new immigrants. It is w/dely acknowledged that minority and youth populations are targets of the alcohol and tobacco industries. B. Size & Location: South San Francisco covers nearly nine square miles, and is located in the northern portion of San Mateo County. Daly City, Brisbane and Colma border the city to the north, Pacifica to the west and San Francisco Bay to the east, and San Bruno and the San Francisco International Airport (part of which is physically located in South San Francisco) to the south. C. Composition: The South San Francisco Police Department is composed of a Chief of Police, Mark J, Raffaelli, two Captains, five Lieutenants, 10 Sergeants, 16 Corporals (including six Detectives) and some 35 Police Officers, supported by 30+ civilian employees. D. Structure: The Police Department has two divisions, Operations and Services. The Criminal Investigations Bureau (eiB) fails under the Operations Division, and is commanded by a CIB Commander (Lieutenant), one CtB Supervisor (Sergeant) and six Detectives (all are Corporals). One Corporal/Detective is assigned to monitor and address all issues associated with ABC licensed establishments as an adjunct duty. E. Primary Mission, Philosophy, Range and Focus of Service: "The Mission of the South San Francisco Police Department is to provide service in the most professional, courteous, and efficient manner possible." The Services Division oversees the Community Relations Unit, which is composed of a Community Relations Supervisor (Sergeant), a COPPS Coordinator (Corporal), and two School Liaison Officers (One Corporal and one OffiCer). All four members of the Community Relations Unit teach Drug Abuse Resistance Education (DARE) programs in the elementary and middle schools. PROJECT NARRATIVE The Po!ice Department sponsors a wide range of community programs: Citizen and Hispanic Community Academies, Neighborhood Watch, Sober Graduation, School Traffic Safety Programs, Police Explorer Post, North County Gang Task Force, Graffiti Abatement, Rights and Responsibilities classes for community youth, and operates its own juvenile diversion program, dubbed Project NEAT (Neighborhood Enhancement Action Teams). The Department also works closely with community organizations such as the Domestic Violence Prevention Center, Families on Track, North Peninsula Family Alternatives and SSF Unidos. F. Staffing, Supervision and Evaluation: Upon implementing our program, the South San Francisco Police Department will devote approximately 20% of a Detective Sergeant and 20% of Detective's workload via Special Operations, with the assistance of Police Officers and civilian decoys, to accomplish the objectives of this grant. The CIB Detective Sergeant will be the Project Director, and be responsible for reporting the progress of the ABC Grant Program. The CIB Detective assigned to ABC concerns will coordinate all attendant training Special Operations activities. The CIB Detective Sergeant will oversee the overall operations, reporting and progress. G. Level of Government: The City of South San Francisco is the applicant, and its Police Department is the implementing agency for this ABC Grant Program. II. PROBLEM STATEMENT (50 Points): There are 183 alcoholic beverage establishments in the City of South San Francisco. Given the size of our city, South San Francisco has one of the highest concentrations of licensees of any jurisdiction in San Mateo County. Many of these establishments have been the focus of crime and incidents &public nuisance. According to the Office of Traffic Safety, South San Francisco ranks 46th out of 92 cities within the same population size for alcohol-related accidents. We rank 3 l~t out of 92 cities tbr accidents where drivers between the ages of 21-34 had been drinking. Additionally, the South San Francisco Police Department reported 254 Driving Under the Influence arrests for 2002. A. The Target Area: The City of South San Francisco Demographics and Economics: According to U.S. Census 2000, South San Francisco has a residential population of 60,552; and of those residents, 45,886 are aged l 8 years or older, and some 14,666 are school-aged youths. In addition, a residential development currently under construction will contain over 200 homes once completed. Two other residential projects will add approximately 500 homes when completed. A 10% increase of total population is projected over the next two years. These additional 700 homes are projected to add nearly t,600 school-aged youth to our community wdthin the next two years, which is an increase of nearly 11%. South San Francisco is a diverse community, with the three largest ethnic groups as follows: 31.84% ttispanic, 30.53°,4 White and 28.59% Asian, according to U.S. Census 2000. The Association of Bay PROJECT NARRATIVE Area Governments (ABAG) reports that the mean household income for the year 2000 was estimated at $61,764. Significant Social Factors and Crime: In 2000, the City of South San Francisco experienced an -increase of nearly 12% in population from the 1990 Census. The increase in population created a strain on public services and infrastructure, and contributed to'an increase in crime. The City of South San Francisco established a common link between violent actions and the consumption of alcoholic beverages. As such, the Police Department focused on enforcement and administrative actions against ABC licensees in our Downtown area, where ABC license saturation had reached its apex. B. Prosecution of Underage Purchases and Persons Who Furnish/Sell Alcoholic Beverages: Our District Attorney prosecutes these cases with the cooperation of our City Attorney... C. Information About ABC Establishments: 1.) Number of ABC licenses: On-Sale: 113 1 Off-Sale: '58 . "i'" Other: 12 ,,, t' Total: 2.) Problems at ABC Licensed Establishments: Sales of alcohol and tobacco products to minors Irresponsible sales of alcohol to obviously intoxicated persons Non-compliance of established conditions on license Public drunkenness and drinking in public Intoxicated individuals driving under the influence Homicide/Assaults/Assaults with Deadly Weapons Graffiti and loitering issues Lewd conduct 3.) Identifying Disruptive Establishments: Identification Methods re: Disruptive Establishments a. Records of calls for service to ABC establishments (2003 Calls for Service to ABC Reporting Districts) b. Individual and Community complaints (1999-2000) c. Community Group Input (Based .on 2003 Planning Division Statistics) d. DUI Reports (2.002 Office of Traffic Safety Statistics) e. Arrests at ABC Licensed Premises (1999-2000) 1 attempted murder, 183 drug possession/sales cases and 310 public intoxication incidents in District #12 alone 15.5% of licensees sold minors alcohol 2 public nuisances, 4 non-compliance of conditional use permits 254 DUI arrests, 32 DUI related accidents, No DUI fatalities Two arrests, and 18 citations issued f. 'Min or Deeo~y..~Perations Conducted .! 1999-2000) g. Multi-agency Task Force Operations (2003) 84 Decoy operations conducted Avoid the 23 Campaigns, 59 DUI arrests PROJECT NARRATIVE 4.) 'Factors Contributing to the Problem: Due to an increase for calls for service and. other needs of the community, the South San Francisco Police Department is forced to draw on other resources within the Police Department to address such needs. In 1999, the Police Department was awarded an ABC GALE Grant, using CIB personnel to coordinate and conduct minor decoy operations. Subsequently, Business License, Use Permit and ABC License enforcement resulted in the closing of several disruptive establishments in South San Francisco. The number of education and enforcement actions increased over the last three years due to previous ABC grants. Alcohol-related incidents have decreased; however, much more work is yet to be done. South San Francisco and its Police Department would continue to benefit greatly, if we were awarded further grant funding to supplement our current budget and staffing expenses, to further our goals of education and enforcement. 5.) Factors Affected by the Problem: The community has concerns about the area surrounding ABC licensed establishments. The area rapidly attracts other criminal activity, when police oversight is lacking. Members of the community seeks assistance from community leaders, who tum to the Planning Commission, City Council and City Manager for answers as to why their neighborhoods suftbr from such issues. The properties surrounding the ABC licensed establishments have experienced vacancies due to lack of confidence of business success. D. Attempts to Solve the Problem: The South San Francisco Police Department conducted 151 alcohol establishment visits from 1999 to 2000. During the first six months of the 1999 ABC GALE grant (July 1999 through December 1999), we conducted 76 alcohol establishment visits. For the duration of the grant, we conducted 84 decoy operations, and some 15.5% of the licensees sold alcohol illegally to the decoy. The operations were coordinated by South San Francisco Police Detective Daniel Wright, ABC Investigator Pat Deasy and supported by South San Francisco Patrol Officers. Many of these operations had cormuunity members in attendance while they were being conducted. Some 115 sworn Police Officers and Sergeants were trained in updated taws and enforcement of ABC licensed establishments. With continued funding from the ABC, the South San Francisco Police Department will have the ability to address problems associated with licensed outlets. The goal is to continue and expand our enforcement (to include "Shoulder Taps") and education as related to ABC establishments. III. PROJECT OBJECTIVES (65 points): As stated by the ABC, the primary goals of this grant program are "to a.) Achieve the goals and objectives of the local enforcement agreements; b.) Establish close working relationships between ABC district offices and the grant agencies; c.) Assist law enforcement efforts and target those licensed outlets that cause alcohol-related crimes; d.) Develop management systems to ensure police reports are sent systematically to ABC District Offices as required, and e.) Assist in'the training of local law enforcement." 4 PROJECT NARRATIVE The south San Francisco Police Department will meet these goals by achieving the following objectives: 1. Continue to identify and target those alcohol outlets where criminal activities and other problems occur, 2. To develop and implement a multi-agency task force concept involving ABC, South San Francisco Police personnel, Code Enforcement, City Planning Dept. personnel and City Attorney. 3. Provide updated training to Police Officers on ABC laws and tactics. 4. Conduct I2 ABC Enforcement Operations over the grant period. 5. Educate ABC licensees via LEAD, ROSTF and IMPACT presentations. 6. Make license revocation and closure recommendations to ABC regarding egpecially probl emafic establishments. 7. Build community awareness about problems at alcohol outlets via solutiong' c~eated :through partnership between law enforcement, ABC personnel, news media and community .groups. 8. Update the public on the progress of the operation through Beat Notes NeWslfitter,"community meetings and at least two (2) media events. 9. Conduct at least four (4) "Minor Decoy" operations in South San Francisco~ by the POlice Department. 10. Conduct at least four (4) "Shoulder Tap" operations in South San Francisco, by the Police Department. 11. Conduct at least four (4) "Cops in Shops" operations in South San Francisco, by the Police Department. 12. Compile results of our operations and report the findings to the ABC. IV. METHOD OF PROCEDURE (45 points): ............... Oblectr~. · ....... ~. .............. ,':~.'....~:.,-.'":-:,:.:).5:;r · :.,:'. e5...~c..~::~:..5!,,~?:~.~::. · Identify and target those alcohol outlets where problems still occur. *Develop a multi-disciplinary unit to carry out the program *Create a LEAD handout for licensees to train employees *Provide updated training for Police Officers on ABC enforcement laws and tactics *Participate with citizen action groups, City Planning Dept. and City Attorney *Establish a list outlets for enforcement focus *Train two (2) additional Detectives/Officers in ABC laws July 2004 September 2004 Project Director Project Director 5 PROJECT NARRATIVE .,coMUct i~'"'enforcement *"Conduct 4 mino';'dec°y Ongoing Project operations operations, 4 "Cops in Shops" Director and 4 "shoulder tap" operations CIB/Patrol *Educate licensees about all relevant laws and ordinances *Conduct 2 LEAD training sessions, 25 ROSTF and 25 Explorer *Make license revocation and IMPACT visits at ABC outlets Decoys closure recommendations to the ABC re: Problem establishments ABC Liaison *Build community aWa~eness-' *Write 2 Beat Note articles and Ongoing Project about operations Press Releases informing Director citizens of progress DARE *Update public on program impact *Make presentations at Officers *Educate minors about the elementary, middle schools, and illegalities of alcohol and its student government at secondary dangers schools and Citizens Academies . . ,Maintain efficient *Collect data associated with Quarterly i>roject communication with ABC re: alcohol outlets Director licensees *Prepare report for ABC *Maintain an ongoing evaluation of the program *Prepare evaluation ,submit"Fi~'~i Re~;rt and *Have the Chief;'~P°i'ice and July 2005 project Evaluation of the operation to the Budget Analyst approve Final Director ABC Report METHOD OF EVALUATION (20 Points): A. Major Questions to be Answered: The following questions will be used to evaluate the success of the program and its operation: . Were the problem ABC licensed establishments identified and targeted? How? . Was the training for Police Officers effective in reducing problems at the targeted outlets? Explain. o Did the building of community awareness about problems at licensed alcohol outlets have an impact on the real or perceived problem? How? ,, Did sharing resources with a neighboring law enforcement agency result in a reduction of man hours utilized for ABC operations by each agency? , How did the community perceive the program? What was used to evaluate this? 6 PROJECT NARRATIVE · ..Did communication with the local community groups increase? · Was there an improvement in commtmieation with the ABC? · Were all goals achieved over the 12-month period? Explain. B. Data To Be Used: To evaluate the success of our operation, the South San Francisco Police Department will collect the following information: · Data regarding the specific crimes occurring, time of day, and contributing factors surrounding targeted alcohol outlets. The data will be collected prior to the operation implementation and subsequently collected at least one month after the business was targeted. · Which alcohol outlets and what type of methods were implemented to address the. perceived issues? ~'.-.'- · How many hours were dedicated to the problem outlet and surrounding area ~before and after the outlet was targeted? ,~.. ~',..,. i.. '.. · A cost analysis will then be conducted to ascertain if the program was effective:: ~. C. Cost Effectiveness: For the program to prove cost effective, there must be:. · A savings in time spend by officers responding to the area outlets · A reduction in arrests for illegal alcohol purchases and selling · Improved conditions in the neighborhoods where alcohol outlets are located VI. ABC LIAISON (25 points):. The South San Francisco Police Department has an established collaboration with ABC personnel to train and register decoys for sting operations, We work together during investigations and appeals to ensure the quality of service to the community. Our ongoing working relationship has fostered a greater understanding of the resources each agency possesses. The South San Francisco Police Department is undergoing a transition, with 31 new sworn personnel having been hired since the completion of t 999-2000 ABC Gale Grant. The training of new officers in ABC legislation is extremely important for the accomplishing of our mutual goals and objectives. VII. STATEMENT OF INTENT (20 points): The South San Francisco Police is committed to programs that improve the quality of life in our community. We are particularly eager to implement programs that increase the interaction between neighborhoods, community groups, and youth oriented organizations. For the implementation of this program, the City of South San Francisco will support the program by providing additional support officers and buy money that may be attributed to the implementation of the program. Based on the successful outcome of the operation in June of 2005, the program will be formally adopted as part of the South San Francisco Police Department's problem oriented policing philosophy. 7 Exhibit B Payment Provisions 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 ~ basis in a format specified by the State. Failure to submit- invoices and reports in the required format shall relieve the State from obligation ofpayment~ 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 0£2004. 2. Revisions to the "Project Narrative" and the "Budget Estimate" may be requested by a change request letter submitted by the Contractor. If approved by the State, the revised Grant Assistance Program Narrative and/or Budget Estimate supersede and replace the previous documents bearing those names. A contract amendment will be required to implement any such changes with the exception that changes in a budget line item of expense not to exceed five percent (5%) of the line item may be authorized without requiring a contract amendment if the total amount of the contract remains 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 Estimate" are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreemen.t 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 fbr 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. 7. Prior ~tuthorization 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 uni:lerstood 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 progrmn and fiscal delays that would occur if the contracts were executed after that determination was made. EXHIBIT C BUDGET ESTIMATE COST all budget amounts to nearest dollar) 1. Salaries (two positions) 10% Detective Sergeant ~ $107,377 per year $10,738 10% Police Detective ~ $96,266 per year' $9,627 2. Overtime ~ Detective 1.5 hourly rate Estimated 34 hours $2,361 TOTAL PERSONNEL SERVICES $22,726 Minor Decoy Operations, Shoulder Tap Operations, $2,500.00 and Narcotics Investigations 'Buy Money" TOTAL OPERATING EXPENSES $2,500.00 Two SpectraTek 500 1 watt Audio Transmitters ~ $1,137 $2,274.00 each 'TOTAL EQUIPMENT $2,274.00 Program Director and Coordinator Attendance at Summer 2004 and Winter 2005 Grant Meetings $2000.0 Registration Fees $500 TOTAL TRAVEL EXPENSE $2,500.00 $30,000.00 Exhibit E Special Terms and Conditions Disputes: Any dispute conceming 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 gompetent 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. Termination Without Cause: Either party may terminate this agreement at any time for any reason upon ten (t 0) days written notice. No penalty shall accrue to either party because of contract termination. Contract Validi .ty: This contract is valid and enforceable only if approved by the Office of Legal Services, State Department of General Services, if required, and if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2004, for the purposes of this program. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 304, Standard Contractor Certification Clauses. This document may be viewed at: www. dgs.ca.gov/contracts. 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.