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HomeMy WebLinkAbout7/9/2008 - STAFF REPORTS - 2.W. x�, P A LM S,, ry 41 V n r `ar.enn.e � City Council Staff Report DATE: July 9, 2008 CONSENT AGENDA SUBJECT: Acceptance of Department of Alcoholic Beverage Control Grant FROM: David Ready, City Manager BY: Palm Springs Police Department SUMMARY It is recommended that the City Council authorize the City Manager to accept an Enforcement / Educational'Grant from the California Department of Alcoholic Beverage Control (ABC) in the amount of$97,900. RECOMMENDATION: Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The Police Department was successful in obtaining a grant to enforce ABC codes related to the sales of alcohol in the City. Specifically, officers will conduct enforcement projects involving sales to minors, "shoulder tap" programs where officers work in bars enforcing laws related to selling alcohol to obviously intoxicated persons, and other educational programs. By doing these "bar checks" and by providing training to ABC licensees, it is the goal of the police department to reduce the number of public intoxication incidents as well as the number of driving under the influence accidents. FISCAL IMPACT: None. No matching funds are required to obtain this grant. Item No. 2 • W • City Council Staff Report July 9, 2008 ABC Enforcement Grant David G. Dpminguez, Police I t David H. Ready, City STATE OF CALIFORNIA STANDARD AGREEMENT AGREEMENT NUMBER STD 213 (Rev 06/03) 08G-LA21 RrGISTRATION NUMaFA 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAML' Department of Alcoholic Beverage Control CONTRACTOR'S NAME City of Palm Springs through the Palm Springs Police__Department The term of this Agreement is: July 1,2008, through June 30,2009 - - 3. The maximum amowit S 97,900.00 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 a part of the Agreement: Exhibit A- Scope of Work/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 I page Items shown with an A sterisk(") are hereby incorporated by reference and made part ajthis agreement as if aaached hereto. These documents can be viewed at www.documents.dgs.ca.zov/o!.VGTC-307doc IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General CONTRACTOR'S NAME(If other lhan an individual,suite whether a carparannn,partnership etc) Services Use only City of Palm Springs through the Palm Springs Police Department BY(Authorized Signutum) (DATE SIGNFO(Do not rypcJ PRNTFD NAME AND TITLE OF PERSON SIUNING David H. Ready, City Manager AODRFSS ..__ 200 South Civic Drive Palm Springs, CA 92262 --- STATE OF CALIFORNIA — - — AGENCY NAME Department of Alcoholic Beverage Control BY(Authorzed Signature) DATE SIGNED(Do nit gpe) i PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per Ed Jimenez,Assistant Director,Administration ADD -SS 3927 Lennane Drive, Suite 100 — - -- Sacramento, CA 95834 QQQQ�� PROJECT NARRATIVE SUMMARY The City of Palm Springs is known worldwide as a destination resort community. Palm Springs is a charter law city with a City Manager form of government. There is an elected mayor and four elected at-large council members. The Palm Springs Police Department is currently authorized 99 sworn officers, which includes the Chief of Police, two captains, three lieutenants and 14 sergeants. In addition to patrol responsibilities, the sworn personnel are assigned to detectives, traffic, airport, downtown bicycle duty, youth services, community policing, as well as other specialty assignments and collateral duties. The sworn staff are supplemented by approximately 60 classified (non-swam) personnel and about 75 civilian volunteers. Volunteers participate in programs such as the Citizens on Patrol, Reserve Police Officers, Search and Rescue, Aero Squadron, and Police Explorer Scouts. The Police Department is divided into two divisions— Operations and Services. Each division is under the supervision of a Captain. The Operations Division includes Patrol, Traffic, Downtown Bicycle Officers, and the officers assigned to the Palm Springs International Airport. In addition to the Department's budget, the Services Captain is responsible for the Detective Bureau, Dispatch, Records, Animal Control, Personnel & Training, the shooting range, Prevention and Youth Services,the Jail staff, and personnel assigned to various task forces. The philosophy of the Palm Springs Police Department is to provide prompt, courteous, and efficient public safety services to Palm Springs residents and visitors based on community policing principles. In support of this philosophy, the Police Department operates a variety of enforcement and educationally based public safety programs that promote not only the apprehension of criminal offenders, but prevention and suppression of their activities. A number of years ago, the Department opened a downtown police office known as the "Downtown Experience." Originally staffed with two officers assigned to patrol the downtown area on bicycles, it has since expanded to four bicycle officers_ Additional funding is being sought to increase staffing through the State of California's Special Distribution Fund. The Palm Springs Police Department is seeking ABC grant funding in the amount of$97,900. The ABC Grant Assistance Project will be placed under the Services Division Captain, who will evaluate and report the progress of the grant to the Chief of Police. The direct supervision of the operation will be under the direction of a specific patrol sergeant with prior experience in investigations and undercover operations. Objectives, which are outlined more specifically in this narrative, include Organization and Training objectives, Educational objectives, Publicity and Media Objectives, Analysis and Identification objectives, and Enforcement Objectives. All objectives are attainable and measurable_ ' PROJECT NARRATIVE PROBLEM STATEMENT The City of Palm Springs will serve as the target area of this program. The City is located approximately 90 miles east of Los Angeles. There are approximately 62 square miles of desert land combines with approximately 34 miles of hillside just below the Santa Rosa mountain range. Within the 96 square miles of the City, there are an estimated 50,000 permanent residents. That number swells significantly during the winter months, which is the traditional tourist season. In addition to the year-round and seasonal residents, approximately four million people visit Palm Springs annually fxom around the world to enjoy the weather and recreational activities including casino gaming. Although a number of areas in the state of California have Indian gaming,we are the only City with a major casino in the downtown district. Part of the economic redevelopment plan for the downtown area of Palm Springs has been to have it recognized as an entertainment district. As such, there has been an increase in the number of alcohol licensees, major restaurants, nightclubs offering dancing and live acts, the remodeling of downtown hotels, and the major expansion of the casino, which is equipped with full-service bars,restaurants, and roaming cocktail service. The City of Palm Springs has approximately 200 ABC licensed establishments, including off- sale and on-sale licensees. The Department has identified several problematic establishments that require an inordinate amount of police services. These businesses are located within the revitalization zone of the downtown district. The officers assigned to the downtown area spend approximately 45 percent of their time dealing with disorderly conduct and other alcohol related crimes originating from the identified problem establishments. Tragically, recent statistics from the State of California show that Palm Springs is highest in the state in recent years for the number of alcohol-related traffic collisions_ Although we have taken a proactive and zero-tolerance approach to DUl enforcement, alcohol-related collisions continue to be a major enforcement problem. In 2007, of our 1337 documented traffic collisions, 444 were injury collisions and 126 of them were alcohol related. A total of nine people were killed in six separate fatal traffic collisions in 2007. Five of these collisions were alcohol related,resulting in the death of seven people. Since the City is a resort destination with four million visitors per year, there are a large number of alcohol-related crimes caused or supplemented by excessive alcohol consumption_ Abuse of alcohol is a factor in 75% of all arrests on a typical weekend night. The Desert Regional Medical Center trauma center reports similar statistics for involvement of alcohol in the injuries treated there. Due to budgetary constraints, the police department has been unable to keep up with the increase in calls generated by alcohol related crimes and the increase in visitors frequenting the downtown entertainment district, the Casino, and the hotels. There are well over 100 calls per GG10Q2 PROJECT NARRATIVE month just to handle crime related to these establishments. Police officers on regular patrol duty are unable to conduct checks of bars and licensed premises. The department is forced to take a reactive rather than a preferred proactive approach to alcohol-related enforcement. The Patin Springs Police Deparment enjoys an excellent working relationship with the Riverside County District Attorney's Office, which has maintained a rigorous tiling posture towards illegal purchases and illegal sales of alcoholic beverages. We have also worked closely with the staff at the Rancho Mirage ABC office. We have worked with their personnel on a number of investigations, special events, and sting operations. PROJECT DESCRIPTION Organization and Training Objectives: • Within the .fist thirty days of the grant period, with assistance from ABC personnel, to provide training for all Department personnel regarding the goals and objectives of the grant project, and the role that each employee plays in achieving those goals and objectives. Training will include where and when the most common ABC violations occur, how to detect those violations, how to prepare documentation in support of an ABC violation case, administrative ABC hearings, how to identify a disorderly house, and identification of community resources. • Within the first 90 days, to evaluate the existing system of transmitting arrest reports involving licensees to the ABC (as required by §24202 of the Business & Professions Code), and to work to improve the current system. Educational Objectives: • Beginning within the first 90 days, in conjunction with ABC, provide periodic training to all retail ABC licensees and their employees regarding how to prevent alcohol sales to minors,how to avoid over-serving patrons, and how to avoid common ABC violations. • Within the first 60 days of the grant period, in conjunction with Alcoholics Anonymous and other community-based organizations dealing with alcohol abuse, work to establish a special counseling outreach program. • Within the first 90 days of the grant period, in conjunction with ABC, the Palm Springs Nigh School, Riverside County Probation, the Palm Springs Police Department's Drug Prevention Officer, and other community-based programs having to do with alcohol abuse, establish a program to educate parents and underage drinkers about the potential hazards of alcoholic beverage consumption by minors. Publicity and Media Objectives: • On a continuing basis, to publicize through all facets of the media, the actions taken to accomplish the above objectives and the positive results of this grant project. In implementing this program, the media will be invited to accompany the multidisciplinary teams as they administer the various objectives of this grant project_ GGGG J4^AAA"A4 A A PROJECT NARRATIVE Analysis and Identification Objectives: • Within the first 90 days of this project, utilizing data from the above objectives, increase the number of monthly administrative accusations filed against problematic ABC licensed establishments. • By the end of the grant period, reduce by 50% the number of calls for service at the identified problematic ABC licensed establishments by utilizing a combination of educational and enforcement methods. Enforcement Objectives: • Palm Springs Officers, Reserves, and volunteers, accompanied by ABC agents, will conduct at least four minor decoy, four "shoulder-tap", and two "Cops in Shops" programs beginning within the first 60 days of the grant period and to be completed by April 30, 2009. • Palm Springs Officers, Reserves, and volunteers, accompanied by ABC agents, will conduct at least 10 hours of uniformed bar checks per month and at least 10 hours of undercover bar checks per month. • Within the first 60 days, Palm Springs officers in conjunction with Health Department, Fire Department, and Code Enforcement officials, will conduct quarterly inspection of ABC licensed establishments to ensure compliance with regulations (smoking, overcrowding, environmental) not normally associated with municipal law enforcement agencies. PROJECT PERSONNEL Because of staffing shortages due to vacancies and long-term leave, this project will have to be staffed entirely by overtime officers. The Iead supervisor will be William Judd of the Palm Springs Police Department. He is a sergeant assigned to the patrol division with extensive experience in gang investigation,property crimes, and undercover operations. Additional personnel will include officers and community services officers working voluntary overtime. They will be assisted by Palm Springs Police Department volunteers, including Reserve Officers, Aero Squadron pilots and observers, Police Explorers, and Citizens on Patrol. During operations requiring extensive radio traffic, additional dispatchers will be assigned on an overtime basis. Overall management of the project will be overseen by a patrol division lieutenant as well as the Services Division Captain. Publicity and media objectives will be handled by the Police Department's Public Information Officer, Sgt. Mitch Spike, and the City of Palm Springs Director of Communications, Cindy Uken. • UGGGG7 t Exhibit B BUDGET ESTIMATE BUDGET CATEGORY AND DINE-ITEM DETAIL COST {Round budget amvuncs A. Personnel Services (salaries, overtime, and benefits) Sgt overtime estimate: 1 sgt- 450 hrs @ $70 per hour $31,500 Officer overtime estimate: 2 ofcrs - 425 hrs @ S54 per hour $45,900 CSO overtime estimate: 1 CSO - 300 hrs @ $25 per hour $7,500 Dispatcher overtime estimate: I disp - 200 hrs @ S24 per hour $4,800 TOTAL PERSONNEL SERVICES $89,700 B. Operating Expenses (maximum $2,500) Decoy operations, Shoulder Tap operations,and Narcotic Investigation"buy money" $2,500 TOTAL OPERATING EXPENSES $2,500 C. Equipment (maximum $2,500) Night vision and video surveillance recording equipment for undercover operations 52,500 TOTAL EQUIPMENT $2,500 D. Travel Expense/Registration Fees (maximum $3,500) Registration for July 2008 GAP Conference 3 Attendees at S200 each $600 Registration for January 2009 Conference 3 Attendees at $200 each $600 Travel, per diem, and lodging for the 2008 and 2009 conferences S2,000 TOTAL TRAVEL EXPENSE $3,200 TOTAL BUDGET ESTIMATE, ALL CATEGORIES S97,900 i 1 - I I Exhibit D 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 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 2008. 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 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. Exhibit D 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. S. 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 detennination 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 frmding 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. QQQQnQ L 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 beard 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 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 2008, 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. 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. �Q!