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HomeMy WebLinkAboutResolution No. 09-C0560 0 RESOLUTION NO. 09-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO THE ATTACHED STANDARD AGREEMENT CONTRACT WITH THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL ACCEPTING $27,251 FROM THE GRANT ASSISTANCE TO LOCAL LAW ENFORCEMENT AGENCIES PROJECT. WHEREAS, The City of Azusa Police Department desires to undertake a certain project to address problematic alcohol-related crime and enhance the working relationship with the Alcoholic Beverage Control (hereafter referred to as ABC) to be funded from funds made available through the Grant Assistance to Local Law Enforcement Agencies Project administered by ABC in the amount of $27,251; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa authorizes the Chief of Police, on its behalf to sign and execute the attached State of California Standard Agreement contract (Agreement Number 09G-LAOI), including any extensions or amendments thereof and any subsequent contract with the State in relation thereto. FURTHERMORE: 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. FURTHERMORE: Be it further resolved that grant funds received from this contract shall not be used to supplant expenditures controlled by this body. FURTHERMORE: It is also agreed that this award is not subject to local hiring freezes. PASSED, APPROVED AND ADOPTED this 7b day of July, 2009. /� - J seph A. Rocha, Mayor I HEREBY CERTIFY that the foregoing resolution No. 09-056 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 7"' day of July, 2009, by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: OUNCILMEMBERS: NONE ABSENT: OUNCILMEMBERS: NONE Vera Mendoza, City Clerk STATE OF CALIFORNIA • STANDARD AGREEMENT STD 213 (Rev 06/03) AGREEMENT NUMBER 09G-LA01 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 Azusa through the Azusa Police Department 2, The term of this Jul 1, 2009, through June 30, 2010 Aareement is: y g 3. The maximum amount $ 27,251.00 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 6 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 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 www. documents. des.ca.eov1a1s/GTC-307.doc 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, partnership, etc) of BY (Authorized Signature) PRINTED NAME AND TITLE OF PERSON SIGNING rtment ADDRESS 725 N. Alameda Avenue Azusa, CA 91702 STATE OF CALIFORNIA UU11:021 'ANAM Department of Alcoholic Beverage Control BY (Authorized Signature) PRINTED NAME AND TITLE OF PERSON SIGNING Ed Jimenez, Assistant Director, Administration 4DDRESS 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 SIGNED (Do not type) SIGNED (Do not type) California Department of General Services Use Only ® Exempt per GC 14616 rIXII1011 A During the 2006-2007 Gran• sistance Prograrn (GAP), the Azusa Police Department and the Department of Alcoholic Beverage Control conducted operations which included Minor Decoys, Shoulder Taps, Impact Inspections and other Task Force Operations. During the grant year there were 17 bookings and 53 citations issued. All of our grant objectives were met and to this day the Azusa Police Department and the Monrovia District Office continue have a strong working relationship in curbing underage drinking and other alcohol related issues. In April 2007, with the financial assistance of the GAP grant, the Azusa Police Department and the Department of Alcoholic Beverage Control identified a specific location in the City of Azusa as a disorderly premises and a drain on our Police resources. A joint operation was conducted at "D -Club" and numerous citations and arrests were made during the operation. The Monrovia District Office filed an accusation for a "disorderly house" and a hearing occurred several months later. Due to the very thorough investigation, a recommendation of license revocation has been issued in the first few months of 2009, pending possible further appeals. In 2008, the Azusa Police Department and Monrovia District Office also conducted controlled narcotics buys and a "b -girl operation" at EI Palenque Bar. This was in response to recent complaints of the sales of narcotics and prostitution occurring at the location. Just outside the bar, one of its patrons was murdered by two violent Azusa 13 gang members. The hearing against EI Palenque Bar and the murder trial are still pending as of this writing. Also during 2008, it was discovered that a gun and swords used during an assault with a deadly weapon were dropped off at Eddie's Liquor in Azusa. From a previous IMPACT inspection, the officers were aware that there was a loaded weapon stored behind the front cdunter. When Officers entered the location, they contacted the person behind the register and discovered he was on Parole. The loaded handgun was located behind the counter within reach of the parolee. The subject was arrested for being a convicted felon with a firearm and the other gun and sword were located in a duffle bag behind the counter. This crime as well as a sales to a minor case that was made by the Monrovia office, secured the forced transfer of the license to a new licensee. Since late 2007, AZPD and ABC's Monrovia Office have only been able to conduct one Minor Decoy Operation due to staffing shortfalls. This one operation resulted in several citations, prosecutions and administrative hearings for the involved establishments. Additionally, a Shoulder Tap operation was conducted, and several citations were issued to adults for furnishing alcohol to minors, as well as other criminal offenses. The Monrovia District Office has also utilized our Police Explorers to conduct minor decoy operations in not only Azusa, but in other cities as well in a cooperative effort. The City of Azusa has long had a history of alcohol related crimes due to the number of licensed locations and the abundance of large residential parties. With the rapid continued growth of APU and Citrus College on its border, the underage drinking population is only going to continue to expand. AZPD has explored many ways to enforce alcohol related laws. In addition to working with the ABC on occasion, we currently participate in two multi -agency DUI task forces and hold an "Avoid" grant from the Office of Traffic Safety for DUI checkpoints. Lnlll V l l A AZPD also has a working relonship with APU Campus Safety acid contacts this office to report students involved in alcohol related offenses as well as other crimes. In turn, APU takes corrective action against their students. Since APU is a Christian -based university, they frown upon their students being involved in any criminal offenses, and are not opposed to taking swift disciplinary action. AZPD enjoys the support of the citizens of Azusa and city government in the enforcement of traffic and alcohol related offenses. In the event AZPD receives this grant, the project supervisor will be the Operations Captain. PROBLEM STATEMENT Currently, the City of Azusa serves approximately 45,000 residents in a 9.5 square mile area. The City of Azusa has also annexed a portion of land in the northeast portion of the city, in which a housing project of approximately 1250 homes, a few parks and a K-8 school are currently being constructed. The Azusa Unified School District has a student population of approximately 11,650 students. Azusa Pacific University (APU) has an approximate total student population of 8,200. In addition, Citrus College, a public junior college, is located directly on the. border of Azusa and has a total student population of approximately 12,000. As a result, the underage drinking population is abundant within the city limits. The department has received numerous complaints on problematic premises for sales of alcohol to minors, particularly to APU students. There are a lot of students in possession of false identification, which hinders the store clerk's ability to refuse the sales of alcohol. A new approach, perhaps ABC's "Cops in the Shop" program, may be the tool needed to deter these underage students from purchasing alcohol. LEAD training is also needed for our store clerks and servers so that they can be more informed on how to properly check valid identifications. AZPD often receives calls for service in regards to large parties with alcohol being consumed at the off -campus student housing located within the city. Unfortunately, the resources available to the department do not allow for the officers to do anything other than break the party up or issue warnings. AZPD would like to coordinate a TAPPED program to respond specifically to these parties, and serve as a deterrent for the future. We conducted these operations under the 2006-07 grant, and were able to break up some large underage parties with several citations and/or bookings. The City of Azusa also has a large Hispanic gang known .as "Azusa 13" which frequents licensed establishments and creates a challenge to law enforcement. These gang members are known to frequent and loiter around some of our licensed locations such as Benny's Liquor, EI Palenque and Jerry's Market. AZPD has also identified a few other problem premises in the city, which are known for selling alcohol to underage gang members. Azusa Canyon, located on the northern most border of the city, leads into the Angeles National Forest. This canyon has many recreational sites including a gun range, hiking areas and a four wheel drive recreational area. Unfortunately, this is also the destination of many illegal street racers, motorcycle gangs and teenagers looking to get intoxicated. F_2U11U1L ti Azusa Canyon has a historyf alcohol related tragedies with man*enagers purchasing alcohol and driving up Azusa Canyon Road. Although the majority of Azusa Canyon is patrolled by the Los Angeles Sheriffs Department; AZPD is usually called for assistance since there is normally only one patrol unit covering the entire canyon. A great amount of the alcohol being consumed in the Azusa Canyon is purchased within the city of Azusa. Currently, the city has 98 premises licensed by the Department of Alcoholic Beverage Control; 50 on -sale and 48 off -sale premises. In addition to the underage drinking problem, Azusa has a couple of problematic premises that involve "B -girl's" and narcotics. The locations have been worked by ABC in the past, with successful operations, but have since gone back to violating the law. These premises need to be brought back into compliance with the assistance of ABC and their expertise in undercover operations. As previously stated, the Azusa Police Department has always taken alcohol related crime seriously. AZPD employs 63 police officers and 23 civilian positions. However over 10 of these officers have been hired after our last ABC grant and require ABC training. AZPD has a history of being able to retain its personnel, but due to recent and near future retirements, a high percentage of experienced officers are retiring. Regrettably, this change in personnel is leaving the department inexperienced and unable to participate in ABC enforcement strategies. With the addition of grant assistance, AZPD will have the funding necessary to be proactive in enforcement of the ABC Act. In addition to enforcement, we have specific objectives such as training officers to recognize and document ABC violations and training civilian staff to forward appropriate reports to the Monrovia ABC Office. This grant would serve as a foundation for enhanced ABC relations and programs during the course of the grant period and beyond. PROJECT OBJECTIVES The project emphasizes prevention through the process of education, training and enforcement. The City of Azusa desires to be a resource for responsible citizens, businesses and the youth within the community. AZPD intends to accomplish the following objectives 1. Develop and implement a structured ABC training program for sworn personnel in the area of identifying problematic premises, utilizing effective enforcement tactics and emphasizing the necessity for proper documentation. The goal is to have ABC provide training to sworn personnel in a briefing setting. Additional training will be provided to sergeants and corporals in order for them to effectively supervise monitor and act as a department resource in the area of ABC violations and enforcement. Non -sworn personnel will also receive training to meet the criteria of forwarding reports to ABC per 24202 B&P. This will allow for a more efficient flow of information, which in turn will improve the enforcement of the ABC Act through the criminal court system and also assist ABC in taking appropriate action in an administrative setting. T',-.L:L:. • L:u11Ull H • This objective will be measurable by the number of sworn and non -sworn personnel trained as well as the number of reports forward ed to ABC after the establishment of the new criteria. 2. Educate the community, APU, Azusa Unified School District and licensed locations about the project goals and seek their input and support. This will be an ongoing objective, utilizing a Department representative who currently attends community meetings such as Chamber of Commerce, Kiwanis and Rotary meetings. The goals of the project will be discu ssed and input will be sought. Additionally, press releases will be done notifying the public of the grant and its objectives as well as the results of enforcement actions to ken during the grant's time period. APU Campus Safety will also play a role in accomplishing our goals by assisting in the dissemination of information of alcohol related problems, and educating their student population. To educate retail locations we will work in conjunction with ABC in coordinating ABC IMPACT and ROSTF programs. This will give the retail location the opportunity to be directly informed and educated of their obligations of complying with ABC regulations. IMPACT reports will be completed and the licensee will receive a copy of this report, and the PD will maintain a copy of this report for their records. LEAD training schedules will also be furnished to establishments who wish to have their employees receive further training. This objective will be measurable by the number of ABC premises inspected; the number of violations that were corrected upon second inspection; the number of press releases; number of community meetings; and number of brochures disseminated by APU and AUSD to their respective student population. 3. Conduct proven and effective enforcement operations using guidelines established by ABC, resulting in the reduction of availability and subsequent use of alcohol by minors; and resulting in the reduction of B -girl activity and narcotic violations at problematic premises. Enforcement operations will be coordinated with ABC and will include, but not be limited to the MINOR DECOY, SHOULDER TAP, and TAPPED operations. Other effective enforcement operations such as COPS IN SHOP and UNDERCOVER OPERATIONS will be utilized if warranted by circumstances. Sworn personnel will be trained in these. programs, and learn the various techniques and programs unique to the ABC in the enforcement of alcohol related violations. Other enforcement operations will be coordinated with ABC to conduct undercover operations in locations known to harbor B -girl and narcotic activity. Sworn personnel will work in conjunction with the ABC investigators to bring such problem premises into compliance by providing necessary documentation, assist in identifying known problem persons and locations, and assisting with the arrests of suspects. This objective will be measurable by the number of arrest and/or citations issued during these operations; the number of persons contacted or detained during the operations; and the percentage of successful criminal prosecutions. L.:Al11Ull 1'1 METHOD OF PROCEDURE • Once the grant is funded the Operation Captain (or his Lt. Designee) will direct all grant activities. A sergeant will oversee the program, organize AZPD's immediate support in ABC related enforcement efforts, and designate an "ABC Liaison" to the El Monte District Office. This grant will be staffed on an overtime basis by personnel from the Patrol Division and from the Detective Bureau. Quarter 1: Attend Grant Conference ABC roll call training . ABC training to non sworn personnel Community meeting / involvement Press releases IMPACT /ROSTF/LEAD Quarter 2: Implement ABC enforcement techniques MINOR DECOY OPERATION SHOULDER TAP TAPPED UNDERCOVER OPERATIONS Continue training Continue community meetings Press releases Quarter 3: Attend Mid -Year Conference Access progress of project IMPACT /ROSTF/LEAD Community meeting) involvement Press releases Continue enforcement activities as needed Quarter 4: Continue enforcement activities as needed Provide additional education and training as needed Begin Final report in accordance with ABC requirement, specified Report to be completed and submitted to ABC June 30, 2010 L' X111011 H •METHOD OF EVALUATION • A statistical analysis will be done comparing the number of citations / arrests and incidents at licensed locations during the period of the grant. Information will also be gathered from debriefings, community meetings, APU and from AUSD to further evaluate the project. In summary, these are the major questions that need evaluation at the end of the project. • Did the average AZPD patrol officer and average AZPD supervisor become better trained at understanding and enforcing ABC violations? • Based on training and enforcement actions, were the majority of prosecutions and administrative actions successful? • Is the community better informed and educated to act as a resource in the future? • Are the ABC establishments better informed and trained so they can act as more responsible businesses in the community? • Department wide, was there an increase in the number of alcohol-related citations &/or arrests compared to previous years? • Was there an increase in the number of reports taken and forwarded to the ABC district office per 24202 B & P? ABC LIAISON The Azusa Police Department and ABC have jointly conducted Minor Decoy Operations, Shoulder Tap and undercover operations in the City of Azusa. The department enjoys a strong working relationship with the Monrovia District Office. The department has also worked together on the previously stated investigations which resulted in several citations, a pending revocation and a forced transfer of an off sale license. Based on the past experiences between the agencies and previous success in the programs, the grant is predisposed to a successful outcome. We believe this grant will further enhance the already strong relationship between the agencies and help support our cooperative efforts against alcohol related violations. STATEMENT OF INTENT The City of Azusa is committed to maintaining and furthering the relationship with ABC personnel as we address issues arising in our ever changing community. The Department knows the only effective method of addressing community problems is to bring together variety of resources to establish coalitions dedicated to resolving issues. This grant will enable this department to utilize ABC's expertise in the enforcement of the ABC Act. This partnership will provide department personnel with training, and a better understanding of a variety of techniques used in investigating ABC violations. This grant will also educate the community as well as provide education to the ABC licensees. This partnership has already proven successful in the past, and the department hopes to effectively work together with ABC during the time period of the grant and beyond. Exhibit B BUDGET ESTIMATE BUDGET CATEGORY AND LINE -ITEM DETAIL COST (Round budget amounts ) A. Personnel Services (straight time salaries, overtime, and benefits) A.1 Straight Time w/ Benefits Sergeant - $96.81 / Corporal $84.72 / Officer $80.96 A.2 Overtime Sergeant - OT = $79.21 / Corporal — OT = $68.03 / Officer OT = $66.92 Police Officer at O/T Rate of $66.92 per hr x Est. 256 hours = $17,132 Sergeant at O/T Rate of $79.21 per hr x Est. 52 hours = $4,119 A.3 Benefits (Included in Straight Time Rate) $17,1$4,1139 TOTAL PERSONNEL SERVICES $21,251 B. Operating Expenses (maximum $2,500) Decoy Operations, Shoulder Tap Operations and Narcotics Investigation "buy money" $500.00 TOTAL OPERATING EXPENSES $500.00 C. Equipment (maximum $2,500) (Attach receipts for all equipment purchases to monthly billing invoice) Laptop Computer with software programs $2,500.00 TOTAL EQUIPMENT $2,500.00 D. Travel Expense/Registration Fees (maximum $3,000) (Registration fee for July 2009 GAP Conference attendees is $200 each) Travel, per diem, and Lodging for the July GAP Conference $600.00 $2,400.00 TOTAL TRAVEL EXPENSE $3,000.00 TOTAL BUDGET ESTIMATE, ALL CATEGORIES $27,251.00 E Payment Provisions Exhibit D 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" 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. 0 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. 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. Exhibit E Special Terms and Conditions 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. 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.