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HomeMy WebLinkAboutCC AG PKT 2009-07-13 #MADEN®A STAFF REP®RT DATE: July 13, 2009 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Jeff Kirkpatrick, Chief of Police SUBJECT: ACCEPTANCE ®F STATE ASC GRANT MONIES SIJNiMARV OF REQUEST: The Seal Beach Police Department monitors crime and quality of life conditions relative to the 62 State of California Department of Alcoholic Beverage Control (ABC) licensees within the City. The police department applied to ABC a second time this year (the first in 2007) for amulti-jurisdictional grant with the City of Los Alamitos for $47,825 in non-supplanting, funds designed to aid in alcohol license, abuse enforcement. The City of Seal Beach will be the project director of the grant on behalf of both cities. Staff requests City Council accept this grant money for the stated purposes and adopt Resolution No. 5891 accepting the monies. (Budget Amendment No. 10-01-01) ~ACMCGR®UN®: The City of Seal Beach is often described as a quaint seaside village. The predominant section most readily identified by this description would be the eclectic "downtown" commercial/residential district known as Old Town and Main Street. Main Street has 19 ABC licensees within its three-block length. In 2007 the City of Seal Beach applied for and received a grant from the ABC under their Grant Assistance Program (GAP). The current GAP will focus on the ability of minors to procure alcohol within the Cities of Seal Beach and Los Alamitos and the alcohol related problems generated by late night patrons at ABC Licensees within the 100 block of Main Street. After the successful application of the 2007 GAP grant, the Seal Beach Police Department re-evaluated calls for service generated during the past year within the area comprising the 100 block of Main St. and the surrounding beach areas. This area was specifically identified as an area of concern in the 2007/2008 ABC Grant Proposal as there are four ABC licensed locations located within approximately 100 yards of each other. These four locations consistently generate the highest number of calls for service of all on-sale locations within the Agenda Item M Page 2 city. There were over 500 calls for service, including assaults, intoxicated persons, narcotics violations and noise complaints from area residents. Of the calls for service, 19% were directly related to alcohol consumption and 59% occurred between 9:00 PM and 3:00 AM. These quality of life issues can be significantly improved by using the grant funds to implement directed enforcement, specifically targeting areas that generate the highest number of calls for service from the police department. Upon applying for the 2009/2010 version of the same grant, the ABC insisted upon a more regional approach, hence the inclusion of Los Alamitos and its police department. The City of Los Alamitos shares similar issues. This grant will allow both departments to pool their resources for a more effective enforcement program in both communities. FISCAL IIVIPAC~: This grant was not anticipated nor included in the 2009/10 budget. Therefore, under a separate agenda item, a budget amendment in the amount of $47,900 is required to include the revenue and the associated expenditures. REC®IVIMEN®ATI®IV: Staff recommends that the Seal Beach City Council approve Resolution No. 5891 accepting the 2009/2010 ABC funding, $47,825, with the restrictions imposed by the grantor; and that authority be given to the City Manager to expend these funds as detailed in this report. SUBMITTED BY: ~f Ki~Epa rick, Chief of Polic NOTED AND APPROVED: David Carmany, ity Manager Attachments: A. Resolution No. 5891 B. Contract RESOLUTION NUMBER 5891 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ACCEPTING CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL GRANT ASSISTANCE PROGRAM MONIES. WHEREAS, the City of Seal Beach desires to undertake amulti-jurisdictional program to be funded from funds made available through the Grant Assistance Program (GAP) administered by the Department of Alcoholic Beverage Control (hereafter referred to as ABC); ~~ NOW, THEREFORE, BE IT RESOLVED the City Manager of the City of Seal Beach is authorized, to submit the proposal and execute the contract to ABC on behalf of the Seal Beach City Council, 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 this body. IT IS ALSO AGREED that this award is not subject to local hiring freezes. PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach at a meeting held on the 13th day of Julv , 2009 by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS ATTEST: Mayor City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5891 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting held on the 13th day of Julv , 2009. City Clerk STATE OF CALIFORNIA STANDARD AGREEMENT iTD 213 (Rev 06/03) AGREEMENT NUMBER 09G-LA32 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 Seal Beach through the Seal Beach Police Department z, The term of this July 1, 2009, through June 30, 2010 _ Agreement is: 3. The maximum amount $ 47,825.00 of this Agreement is: 4, The parties agree to comply with the terms and conditions of the following exhibits which are by this reference mad apart of the Agreement: Exhibit A -Scope of Worlc/Project Narrative 4 pages Exhibit B -Budget Estimate 1 page Exhibit C -General Terms and Conditions GTC 307* Exhibit D -Payment Provisions 2 pages Exhibit E -Special Terms and Conditions 1 page t._ .~ shown with an Asterisk (*) are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.documents.dgs.ca.gov/ols/GTC-307.doc IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (!f other than an individual, state whether a corporation, partnership, etc.) City of Seal Beach through the Seal,Beach Police Department BY (Authorized Signature) (DATE SIGNED (Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING David N. Carmany, City Manager ADDRESS 2118th Street Seal Beach, CA 90740 STATE OF CALIFORNIA AGENCY NAME Department of Alcoholic Beverage Control BY (Authorized Signature) (DATE SIGNED (Do not type) PRINTED NAME AA1D TITLE OF PERSON SIGNING Ed Jimenez, Assistant Director, Administration ADr 's 39. ~ennane Drive, Suite 100 Sacramento, CA 95834 California Department of Genera! Services Use Only ® Exempt per GC14616 PRO,TEC'I' 1~tA.RRA'TIV~ ~ . Exhibit A 1. Summary -Agency Description The City of Seal Beach Police Department consists of 30 sworn police officers, four reserve police officers and 41 civilian support staff under the direction of the Chief of Police. The police department is a full service law enforcement agency with the Field Operations Division reporting to a Lieutenant and the Support Services division reporting to a civilian manager. There aze 15 officers and four Sergeants assigned to uniformed patrol providing first responder services including two motor officers, comprising the traffic unit. The detective unit, comprising three Detectives and a Detective Sergeant, provide proactive and reactive investigative support to address crimes occurring in the city. There aze 59 ABC licensed locations within the city of Seal Beach. . The City of Seal Beach comprises an area of 13.2 square miles and has a population of 24,157 comprising 13,048 households and 5,884 families. It is home to the first major planned retirement community in the United States, Leisure World, boasting a population of 9,000 and encompassing nearly one square mile. The United States Navy's primary West Coast ordnance storage, loading and maintenance installation for cruisers, destroyers, frigates and medium-sized amphibious assault ships is located at the Naval Weapons Station Seal Beach. The City of Los Alamitos Police Department consists of 23 sworn full time police officers, four reserve police officers and 9 civilian support staff under the direction of the Chief of Police. The police department is a full service law enforcement agency with the operations division reporting to a Captain and the support services division reporting to a civilian manager. There are eight officers, four Corporals and four Sergeants assigned to uniformed patrol providing first responders services, including one motor officers, comprising the traffic unit. The detective unit, comprising two full time Detectives, one part time civilian investigator and one Detective Sergeant, provide proactive and reactive investigative support to address crime occurring in the city. There are 30 ABC licensed locations within the city of Los Alamitos. The City of Los Alamitos comprises an area of 4.3 square miles and has a population of 11, 536, comprising 4,246 households and 3,035 families. Los Alamitos has two high schools, wluch services the cities of Los Alanlitos, Seal Beach and the unincorporated areas of Rossmoor and Sunset Beach. Los Alamitos is also home to The Joint Forces Training Base which is a full- service joint militar}r training center and airfield that serves a wide variety of government and public interests, while making critical assets available to the Nation and State in the event of a regional disaster or emergency. Los Alamitos is ]mown for its small town atmosphere while catering to a significant industrial and business population that grows to approximately one hundred thousand people during the average work day. Funding Requested: The funding requested is $47,825. Goals and ®bjectives: ® Facilitate media coverage increasing public awareness of our proactive efforts. ® Provide ABC laws and programs "Train the Trainer" training to our Field Training Officers who will then provide roll call training to the department's sworn personnel on a quarterly basis. coordinate and conduct IMPACT (Informed Merchants Preventing Alcohol-Related Crime Tendencies) operations at each newly licensed, and previous years cited, ABC location within the City of Seal Beach and all ABC licensed locations within the City of Los Alamitos. • Conduct quarterly minor decoy programs and quarterly shoulder tap operations encompassing ~ both cities. ~ - o Within the City of Seal Beach conduct directed enforcement on our beach, beach parking areas, .~ pier and 100 Block of Main Street, specifically targeting the hours between 2100 - 0300 hours. .~ a Within the City of Los Alamitos conduct directed enforcement of city parks and extensive W network of public alley ways behind numerous large apartment complexes. ® Have undercover operators placed inside on-sale businesses to increase likelihood of curtailing sales to minors and obviously intoxicated persons. ® Coordinate and conduct four TAPPED (Teenage Party Prevention, Enforcement and Dispersal) programs. 2. Problem Statement - The City of Seal Beach is often described as a quaint seaside village. The predominant section most readily identified by this description would be the eclectic "downtown" residential / commercial district known as Old Town. Main Street is, by defuution, the main road into and out of this azea. It is a two lane road that runs between Pacific Coast Hwy and the city pier that is comprised of numerous densely packed businesses including clothing, confectioners, restaurants, bars and specialty shops. There are 19 ABC licensed businesses located within the approximately 2,100 feet comprising Main Street. In 2007 The City of Seal Beach applied for and received a grant from the Department of Alcoholic Beverage Control under their Grant Assistance Program (GAP). During the implementation of this current GAP grant several key problem azeas were discovered. Foremost was the ability of minors to procure alcohol within the City of Seal Beach. The other concern is related to quality of life issues continuing to manifest themselves as a result of the alcohol related problems generated by unruly late night patrons at ABC Licensees within the 100 block of Main Street. The consistent theme from within the local community is the ease in which minors can purchase or procure alcohol within each city. Not surprisingly, the Los Alamitos Unified School District has formed a Substance Abuse Prevention Task Force. As previously mentioned the citizens of Seal Beach as well as Los Alamitos are served by the Los Alamitos Unified School District and our collective police departments are major stakeholders in this program. In a recent study conducted by lugh school officials, a sampling of lugh school seniors and juniors were asked about their preferred ways of obtaining alcohol. Of the responses received, 78% stated that they obtained their alcohol by purchasing it from a local establislunent known for selling to minors; having someone 21 or older to purchase the alcohol or by using a fake ID. This is in contrast to the 22% that stated they obtained the alcohol by taking it from their parents. Within the last two years there have been administrative and criminal violations at 12 ABC Licensed locations within the City of Seal Beach which resulted in 12 of their respective employee's being arrested for serving or providing alcohol to our minor decoys. In addition to the programs we have utilized, specifically minor decoy and shoulder tap operations, a partnership in principal was generated with the high school administration to assist our agencies in initiating and implementing the TAPPED (Teenage Party Prevention, = Enforcement and Dispersal) program during the upcoming grant period. ~'he Seal Beach Police Department evaluated the calls for service generated during the past year within the area comprising the 100 block of Main Street and the surrounding beach azeas. This area was specifically identified as an area of concern in the 2007-2008 ABC Grant Proposal as there were four ABC Licensed locations located within approximately 300 feet of each other that consistently generate the highest number of calls for service of all on-sale locations within the ~ city. There were over 500 calls for service, including assaults, intoxicated patrons, nazcotics violations and complaints from surrounding residents. Of the calls for service, 19% have been :~ directly related to alcohol consumption and 59% of those occur between 2100 and 0300 hours. W The Los Alamitos Police Department evaluated calls for service generated during the past two years. In 2007 and 2008 fast responders were dispatched to our eight ABC Off-Sale licensed business and three of our busiest on-sale licensees, 809 times. Of these responses nearly 20% were reported to have been alcohol or juvenile related or a combination of the two. This community has many pazks which have resulted in over 300 calls for service during this time frame. The calls for service at all of these locations have included assaults, intoxicated patrons, narcotics violations and complaints from surrounding residents. These quality of life issues can be significantly improved by the implementation of Directed Enforcement specifically targeting both of our cities described problem azeas as they aze consistently generating the highest calls for service. 3. Project Description - Promote media coverage of the efforts associated with both of our cities having generated a successful working relationship with ABC through the grant and the results of that effort by the grants completion. This objective will be measured by the number of printed articles generated during the program as well as local cable media coverage. ' Providing "Train the Trainer" training to the department's field training officers utilizing ABC '~ personnel on alcohol related laws and ABC sponsored programs to maintain increased officer awareness of the ABC function for both new and incumbent officers. Maintain the training of 100% of the police officers in the area of ABC rules and regulations through monthly roll call briefing training. This objective is to be measured by the number of officers receiving ABC specific training and number of times it is provided during the grant yeaz. Provide all licensed establishments in Los Alamitos and newly licensed and recently cited licensee's in Seal Beach with IMPACT (Informed Merchants Preventing Alcohol-Related Crime Tendencies) programs so as to help identify potential problem azeas and reducing crime and disorder at these establishments. This objective is to be measured by the number of inspections conducted by September 2009. Reduce the availability to, and subsequent use of alcohol by, minors facilitated by irresponsible ABC on-sale licensed establishments by conducting one Minor Decoy Program each quarter, the last program specifically tazgeting those licensees who were unsuccessful during earlier programs. This objective will be measured by the number of programs conducted by the end of each quarter and the end of the grant. Reduce the availability to, and subsequent use of alcohol by, minors facilitated by irresponsible persons who purchase alcohol for minors at ABC off-sale licensed establishments by conducting one Shoulder Tap Program each quarter, the last program specifically targeting those licensees who were unsuccessful during earlier programs. This objective will be measured by the number _ of programs conducted by the end of each quarter and the end of the grant. ~2educe the number of teen drinking parties and driving under the influence situations by coordinating and implementing four TAPPED (Teenage Party Prevention, Enforcement and Dispersal) programs during the grant period. This objective will be measured by the number of programs conducted by the end of the grant period. Q Conduct directed enforcement in the City of Seal Beach, both undercover and uniformed patrol, in the beach area, beach parking lots, pier vicinity and 100 Block of Main Street, and in all city parks and the extensive network of public alley ways behind numerous .large apartment W complexes in the City of Los Alamitos, specifically targeting these locations on four occasions during the summer months and during winter and spring breaks for the Los Alamitos High School District. This objective will be measured by the number of operations conducted in these areas during the grant period. ' ' 4. Project Personnel - The Police Departments for the cities of Los Alamitos and Seal Beach will partner together in implementing this grant. The Seal Beach Police Department will be the lead agency with Detective Dave Barr acting as the project director. Detective Barr has been a police officer for over 18 years and has been assigned to the detective bureau for nearly three years. He has worked for several years with both ABC Investigators and Supervisors. He has trained numerous ABC investigators as a Recruit Training Officer and Instructor for the SIBC Academy at Golden West College. Detective Barr will work under the direction of his immediate supervisor, Detective Sergeant Ron Lavelle. Sergeant Lavelle has been a police off cer for over 22 years with a myriad of assignments including narcotics, vice and undercover operations. He is a graduate of SLI, the Supervisory Leadership Institute. The other two members of the Detective Bureau are Detective Krogman, with nearly 23 years of law enforcement experience and Detective Hardin with over 10 yeazs experience. These detectives have worked various complex investigations including homicides, nazcotics and undercover operations. Los Alamitos Police Detective Sergeant Sharon Kerbow has been a police officer for over 15 yeazs with assignments including patrol supervisor, School Resource Officer Coordinator. She is a graduate of the SLI program. Sgt. Kerbow has also trained numerous ABC investigators as a Recruit Training Officer and Instructor for the SIBC Academy at Golden West College. The other two members of the Detective Bureau are Detective Karrer, with nearly 10 years of law enforcement experience and Detective Barbieri with nine years of experience. These detectives have also worked various complex investigations including homicide, major fraud, narcotics and undercover operations. The majority of each agencies uniformed patrol will have a minimum of five yeazs of law enforcement experience. All will represent their departments by having the highest standards of personal character and they will have demonstrated a professional, enthusiastic and productive tenure with their agencies. The civilian members of our department, parking aides and jailers, who will assist in the implementation of this grant, will also have demonstrated professional conduct and exceptional personal chazacter. They each have several years of law enforcement experience as either department employees or as police explorers. Both of our agencies have worked with ABC Investigators throughout past years and various ABC investigations. We look forward to continuing and strengthening that valuable relationship. Exhibit B BUDGET ESTIMATE BUDGET CATEG®RY AND LINE-ITElVI DETA~. C®ST A. Personnel Services (straight time salaries, overtime, and benefits) (Round budget amounts i A.1 Straight Time $0 A.2 Overtime $41,825 A.3 Benefits $0 T®TAL PERS®NNEL SERVICES $41,825 B. ®perating Expenses (maximum $2,500) Buy Money $500 T®TAL ®PERATING EXPENSES $500 C. ,r (Attach receipts for all equipment purchases to monthly billing invoice) Extreme Surveillance -Video Body Wire System $2,000 Portable Color Printer $500 T®TAL EQUIPMENT $2,500 D. Travel Expense/Registration Fees (maximum $3,000) (Registration fee for July 2009 GAP Conference attendees is $200 each) Registration for July 2009 GAP Conference 4 Attendees at $200 each $800 Travel, per diem and lodging for the July GAP Conference $2,200 T®TAL TRAVEL EXPENSE $3,000 ~ TOTAL BUDGET ESTIMATE, ALL CATEG®RIES $47,825 Exhibit D Payment Provisions 1. INVOICING AND PAYMENT: Payments of approved reimbursable costs (per Budget Estimate attached) shall be in arrears and made via the State Controller's Office. Invoices shall be submitted in duplicate on a monthly basis in a format specified by the State. Failure to submit invoices and reports in the required format shall relieve the State from obligation of payment. Payments will be in arrears, within 30 days of Department acceptance of Contractor performance, pursuant to this agreement or receipt of an undisputed invoice, whichever occurs last. Nothing contained herein shall prohibit advance payments as authorized by Item 2100-101- 3036, Budget Act Statutes of 2009. 2. Revisions to the "Project Narrative" and the "Budget Estimate" maybe 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 maybe 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 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 Deparhnent 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. Exhibit I) 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 reirr~bursable 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 Buff cient 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. Exhibit E 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 inay tenninate 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 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 2009, 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: 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.