FY16/17 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL GRANT

Transcription

1 STAFF REPORT MEETING DATE: March 22, 2016 TO: City Council FROM: Matthew McCaffrey, Acting Chief of Police PRESENTER: Oliver Collins, Lieutenant 922 Machin Avenue Novato, CA / FAX 415/ SUBJECT: FY16/17 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL GRANT REQUEST Consider adopting a resolution to submit a FY16/17 Department of Alcoholic Beverage Control (ABC) Grant Assistance Program (GAP) for $22, and authorizing the Novato Police Department to utilize the grant to continue its Minor Alcohol Access Prevention program and revise revenues and appropriations upon award of the grant. RECOMMENDATION Adopt resolution. DISCUSSION The project goal of this grant is to allow the Novato Police Department to identify and reduce problem license alcohol beverage establishments in the City. There are 182 ABC licenses, both on-sale and off-sale premises, issued within the City of Novato. There are 137 active retail establishments, (83 on-sale and 54 off-sale) and 45 active non-retail establishments. Over the last eight years youth alcohol related offenses have fluctuated between 70% compliance to an overall 93% compliance rate. Much of that improvement in the compliance rate is a result of targeted education and enforcement campaigns funded through past awarded ABC grants. In 2010, the shoulder tap success rate was at a five year low of 70%. In the FY13/14 grant funding cycle the shoulder tap success rate rose to 93%. The grant will allow for continued education and enforcement and will provide the police department opportunities to determine problem establishments for targeted enforcement and document success rates. The Novato Police Department measures success as the frequency the decoys are denied being furnished with alcoholic beverages. This reduction in youth access to alcohol is in part from media attention and community education funded by this grant. Within a.25 mile radius of the downtown Novato area, there are five bars, two liquor stores and several on-sale restaurants. The concentration of alcoholic beverage service establishments leads to an increased law enforcement presence in the downtown service area. In 2014 the police cc16_

2 department responded to 123 alcohol and drug related calls for service. In 2015 the officers responded to 136 alcohol and drug related calls for service which was a 9% increase in alcohol related calls for service in the downtown area between 2014 and These calls range from intoxicated persons unable to care for themselves, to physical fights, suspected drug use and other offenses. The bars and liquor stores attract an increase in foot traffic which contributes to the high call for service volume and violations in the area. The Novato Police Department has established partnerships with community groups in Novato that are working to reduce youth access to alcohol. Some of those groups include the Novato City Council, the Marin County Board of Supervisors, Marin Institute, Bay Area Community Resources, Marin County Youth Court, Juvenile Probation, the Avoid the Marin 13 Office of Traffic Safety program, the Marin County Office of Education and the Novato Blue Ribbon Coalition. The police department works with these groups at prevention education, targeted enforcement reduced recidivism and peer guidance in an effort to reduce juvenile alcohol and drug related offences. Another component of the education is through local news media outlets who frequently received media releases on upcoming and past alcohol related operations. The police Department also garners support from residents and merchants throughout the city. In 2012, the Marin County Grand Jury published findings on youth access to alcohol. The report cited the City of Novato s efforts as progressive against youth alcohol abuse and described the program as the most mature in the County of Marin. The City of Novato s success has been due in part by building community partnerships and having funding sources to address alcohol related violations. The County of Marin Division of Alcohol, Drug and Tobacco Programs, a partner in alcohol abuse prevention, conducted a Place of Last Drink survey of more than 800 people in Marin County s Drinking Driver Program. The survey asks the participants to indicate where they had their last drink, prior to being arrested. Survey results revealed 109 restaurants and bars were named a total of 590 times in the Place of Last Drink Survey. Of these, 10 establishments accounted for 40.8% of all mentions. Two Novato establishments were on this top 10 list. Maya Palenque Restaurant (349 Enfrente Road) was the 3 rd most named establishment, and Viking Bar (7377 Redwood Blvd) was 6 th. The Viking bar is located in the downtown area of Novato, within one block of Mike s Liquor and Brown s Binyerd. There are a high density of liquor outlets within Novato and data that suggests Novato (Marin) youth are more vulnerable and abuse alcohol more than others in the state. The number of individuals arrested for DUI decreased by 12% between 2014 and 2015 (288 arrests versus 253 arrests), yet there are still a high number of DUI s occurring in the community. The following goals and objectives have been identified: Community outreach to licensed establishments, especially in the downtown area. Encourage attendance at a LEAD/RBS class Schedule (2) LEAD/RBS classes during this grant period, one in 2016 and one in 2017 Coordinate and conduct (4) IMPACT Operations Conduct (4) IMPACT inspections, with a goal of inspecting 40 ABC licensed locations Conduct (4) Minor Decoy/ Shoulder Tap operations; one sergeant and two officers in 2 2

3 plain clothes will be working with two minor decoys. The decoys will attempt to purchase alcohol from licensed on and off sale establishments. Conduct (4) Place of Last Drink enforcements. Two personnel (sergeant or officer) will conduct operations at ABC licensed locations that have been frequently named as the DUI driver s place of last drink. There will be an emphasis on over-service, DUI prevention and service of alcohol to minors. Continue to work with ABC to ensure reports are received by ABC within (5) days of the violation. Issue press releases regarding grant activities and operations that are conducted with ABC funding. Send (2) police department staff to the 2016 GAP conference This funding will allow targeted prevention, education and enforcement efforts to youth in the community and identified establishments. The majority of these funds will go towards overtime for the officers/sergeant to conduct trainings and work enforcement operations. A portion of the funds will be used for buy money which will be used during the undercover operations, printing/duplication material for educational material and a handheld ID verifier. FISCAL IMPACT There will be no fiscal impact to the City, with the exception of the initial expenditure of the overtime costs to implement the project, given the grant operates on a reimbursement basis. Some police staff time will be required to administer the awarded grant; this staff time is considered part of their normal duties. ATTACHMENTS 1. Resolution 2. Grant Proposal 3 3

4 CITY COUNCIL OF THE CITY OF NOVATO RESOLUTION NO. RESOLUTION TO SUBMIT A $22, GRANT PROPOSAL TO THE CALIFORNIA ALCOHOLIC BEVERAGE CONTROL AND AUTHORIZE THE POLICE DEPARTMENT TO UTILIZE THE GRANT TO CONTINUE ITS MINOR ALCOHOL ACCESS PREVENTION PROGRAM AND UPON AWARD OF THE GRANT INCLUDE THE APPROPRIATIONS AND REVENUE PROVIDED BY THE GRANT IN THE FY 2016/17 BUDGET. WHEREAS, the City Council of the City of Novato desires to undertake a certain project designated as the Minor Alcohol Access Prevention program to be funded in part 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 that the City Manager of the City of Novato is authorized to execute on behalf of the City Council the attached contract, Exhibit A, 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. * * * * * * I HEREBY CERTIFY that the foregoing is a true copy of the resolution adopted by the City Council of the City of Novato, Marin County, California, at a meeting thereof, held on the 22 nd day of March, 2016, by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: Councilmembers Councilmembers Councilmembers Councilmembers res

5 Sheri Hartz, City Clerk Approved as to form: City Attorney of the City of Novato res

6 - GRANT ASSISTANCE PROGRAM (GAP) GRANT FORMS $ _.2 UREi4 i 1 EDMUND G. BROWN JR., Governor State of California TIMOTHY GORSUCH, Director Department of Alcoholic Beverage Control January,

7 GRANT FORMS Includes: Proposal Cover Sheet Scope of Work Budget Detail Other Funding Sources Resolution of Governing Body (Sample) Resolution not needed with RFF package. This will be requestedfrom agencies awarded a grant. 7

8 June 1 d F i I SI I S S 1. Name of Applicant Agency: Novato Police Department State of CahfornIa Department of Alcoholic Beverage Control Grant Assistance Program PROPOSAL COVER SHEET (TO BE COMPLETED BY APPLICANT AGENCY) 2. Description of Applicant Agency: Provide your city or county and a brief summary of department size, staffing, and structure. The City of Novato Police Department is responsible for providing services to approximately 55,005 residents across 2$ square miles. The City of Novato is the northern most city in Mann County. The Novato Police Department employees 59 sworn officers including one chief, two captains, two lieutenants, nine sergeants and three corporals. The department includes a traffic section, investigations section, three K9 teams, two officers assigned to the Major Crimes Task Force, three officers assigned to a Neighborhood Crime Team and an officer assigned to the Computer Crimes Task Force. 3. Number of Licenses in Project Area: Population of Service Area: 55, Project Description: Provide a list of your projects goals and objectives and briefly summarize. Funding for this project will allow for the Minor Alcohol Access Prevention Program to continue and support the goals of the community s Blue Ribbon Coalition Committee. These programs focus on prevention, education and enforcement of ABC laws, specifically as the relate to minors access to alcohol. Objectives include RBS classes, shoulder tap operations, minor decoy operations, merchant outreach via media outlets and targeted over-service to potential drivers. 6. Funds Requested: $20, Project Period: July 1, , Acceptance of Conditions: By submitting this proposal, the applicant signifies acceptance of the responsibility to comply with all requirements stated in the Request for Proposals. The applicant understands that ABC is not obligated to fund the project until the applicant submits correctly completed documents required for the contract. A. Project Director (person having day-to-day B. Chief of Police or Sheriff responsibility for the project) (authorizing official) Name: Nick Frey, Sergeant Name: Matthew McCafftey, Acting Chief of Police Address: 909 Machin Aye, Novato CA Addres: 909 Machin Aye, Novato CA Phone: Phone: 4l Fax: Fax: E. Mail Address: nfrnoyn.to-.org E. Mail Address: jberg@novato.org Signature: 1. Signature: Title: Title: CV cc-- C. Fiscal or Accounting Official I). ABC USE ONLY Name: Brian Cochran Address: 922 Macbin Aye, Novato CA Phone: fax: E. Mail Addres )cochran@noyato.org Signature: Title: 0 8

9 Describe A Describe Dollar List Describe List SCOPE OF WORK Maximum of 4 pages for Scope Of Work Font size no smaller than 12 pitch, standard format Title each Scope of Work page Exhibit A 1. Summary a. Agency Description your agency, including size, structure, staffing, demographics of jurisdiction, and number of ABC licensed locations. b. Funding Requested amount requested. c. Goals and Objectives the goals and objectives of your project. d. Number of ABC Licensed Locations the number of on-sale and off-sale licenses in your jurisdiction. 2. Problem Statement - Describe the issues or problems to be addressed with grant funds. a. Clearly identify the area to be served, any specific problem locations, any specific community concerns, and the factors contributing to the problem. 3. Project Description - What are the goals and objectives of the proposed project? a. Describe in detail the goals and objectives you wish to accomplish. b. Objectives should be measurable, concise, deal with a specific item, and be realistic with a reasonable probability of achievement. c. You are encouraged to be creative and to state your objectives by describing them in terms of tasks that you want to accomplish. d. You are also encouraged to utilize ABC enforcement strategies that target the illegal purchasing of alcoholic beverages as well as the illegal sale of alcoholic beverages. 4. Project Personnel the staffing required to carry out the grant objectives as supported by the proposed budget. a. Include the number of staff, type of staff, and staff qualifications. b. Include unit/division that will be responsible for the grant. c. Include the names, rank, and current assignment of personnel involved. 5. Budget a. Budget Detail sample budget display appears in the Grantee Handbook. The budget is the basis for management, fiscal review, and audit. Project costs must be directly related to the objectives and activities of the project. The budget must be detailed and cover the entire grant period. Include only those items specifically authorized; i.e., salaries, overtime, employee benefits, travel, operating expenses, and certain items of equipment. (Refer to Grantee Handbook, Section I, for details on preparing your budget.) b. Other Funding Sources other funds that your Department will contribute towards the success of this project. 9

10 SCOPE Of WORK Exhibit A Summary: Agency Description: The City of Novato was incorporated in The Novato Police Department is divided into an Operations Division and an Administrative Services Division. There are currently 55 sworn police officers, 20 civilians, 4 part time interns and 12 volunteers. The command staff includes a Chief, 2 Captain s, 2 Lieutenants, 9 Sergeants and 3 Corporals. The departments services include Patrol, Investigations, Traffic, NRT (Neighborhood Response Team) and K9. Due to budget cuts, three School Resource Officers (SRO) positions were eliminated from the department. The SRO positions were vital in providing prevention and education to youth access to alcohol. With the elimination of the SRO positions, the responsibilities of their prior prevention and education efforts are now the responsibility of patrol officers and the Neighborhood Response Team. The current alcohol programs are being staffed by patrol personnel as an auxiliary duty on volunteer basis. The City of Novato is located in northern Mann County, approximately 30 miles north of San Francisco. Novato, which covers 2$ square miles, has a population of 55,005. According to County health rankings, Mann County s excessive drinking rate is above the national average benchmark and more than the California average. The City of Novato has a total of 182 ABC Licensees, including 137 active retail establishments and 45 active non-retail. The Santa Rosa ABC office is used as a resource and has provided support for several of our programs and operations in the past. The Novato Police Department was last awarded the GAP grant in Funding Requested: The Novato Police Department is requesting $20, from the grant. This funding will allow targeted prevention, education and enforcement efforts in the community and identified ABC licensed establishments. The majority of these funds will go towards overtime for the officers/sergeants to conduct operations, expenses for the GAP Conference, equipment and buy money. The purchase of equipment will assist in successful prosecution of criminal cases. Goals and Objectives: The project goals are to identify problem establishments within the city and work in partnership with the Santa Rosa office of the Alcohol Beverage Control to provide tools for identifying potential ABC violations. Continuing a focused attention on prevention, education and enforcement is a primary goal. A special emphasis will be on businesses located in the downtown Novato areas which are, and have been identified by police personnel through special enforcement, calls for service and general patrol. With these goals, the Novato Police Department plans to increase the shoulder tap compliance rate. Thanks to the past ABC grant funding, the shoulder tap success rate increased from 70% in 2010 to 93% in 2014.This rate declined to 92% in The overall compliance for on and off sale violations dropped from 92% in 2014 to 86% in Both of these decreases can be attributed to a number of items, one being that the Novato Police Department was not awarded an ABC grant during the period. Number of ABC Licensed Locations: The City of Novato has 182 ABC Licensees, including 137 active retail (83 on-sale and 54 off-sale) and 45 active non-retail. 10

11 Problem Statement The City of Novato is home to 182 licensees. Problem establishments are identified by prior decoy operations, information from community members, feedback from the Blue Ribbon Coalition Committee, officer observations and calls for service. In the past we have done the following enforcement and prevention efforts: met with owners of ABC licensed businesses, directed patrols, decoy operations, increase high visibility foot and vehicle patrols, enlisted the assistance of ABC Investigators, with good, but not complete success. Mann County is known for its affluence, Novato being no exception. Binge drinking among Novato youth and young adults is higher than state and national averages. According to a California Healthy Kids Survey, 29% of Mann 1 1th graders reported binge drinking in the past 30 days, compared to the 26% California average. According to the survey, 73% of Mann 1 1th graders say alcohol is easy to get. Some of the underlying community environmental issues that play a contributing role in binge drinking among youth and young adults are the accessibility and availability of alcohol. Alcohol is widely available in Novato, and Mann County, with a high density of liquor outlets. The Novato Police Department has taken an active role in the Novato Blue Ribbon Coalition, specifically focusing on access to alcohol and other drugs. The Blue Ribbon Coalition is compromised of school district representatives, community members and youth representation. The goal of the Blue Ribbon Coalition is to support a healthy environment for the youth of Novato. The Blue Ribbon Coalition has identified, through community outreach, retail site visits and youth input, that off-sale retail alcohol theft is a growing problem for merchants and is increasing as the method for youth to access to alcohol. Over the past several years, youth alcohol related offences have fluctuated. In 2010, the shoulder tap success rate was at a five year low of 70%. The majority (63%) of all shoulder tap violations that occurred in 2010 occurred fronting Mike s Liquors (1102 Grant Ave.), located in downtown Novato. Within the same block of this off-sale establishment, there are two bars. Brown s Binyerd (1009 first St.) was closed in 2009 for two, 30 day ABC suspensions after being deemed a disorderly house. In 2013, Brown s Binyerd was fined $3000 for furnishing alcohol to a minor decoy during an on-sale decoy operation, and in 2015 the Viking Bar was closed for 25 days after furnishing alcohol to a minor decoy. In addition, the Novato Police Department has seen a decrease in total number ofjuveniles cited for possession of alcohol, a reduction in DUI arrest in both adult and minors (under 21 years). This can be attributed to a department that is currently experiencing reduced discretionary time for proactive enforcement because of reduced staffing and an increase in calls for service. Within a.25 mile radius of the downtown Novato area, there are five bars, two liquor stores and several onsale restaurants. This highly compacted area with five downtown bars, Finnegan s, DeBorba s Brown s Binyerd, the Viking and Trek Winery, combined to create 136 details for service during 2015, 66 details being associated with Browns Binyerd which equates to 48% of the details. These details ranged from intoxicated persons unable to care for themselves, physical fights, suspected narcotic use/sales, driving under the influence and other offences. The bars and liquor stores attract an increase in foot traffic which contribute to the high call for service volume and violations in the area. Within the last several years, there have been several traffic fatalities involving minors under the influence of alcohol, and a 14% increase in DUI offenses from 2012 to The Novato community and police 11

12 department have a growing concern with minors accessing alcohol. Several community groups are attempting solutions to this growing problem of youth access to alcohol. The City Council, Mann County Board of Supervisors, Mann Institute, Bay Area Community Resources, Blue Ribbon Coalition and other community groups all work in concert with the Police Department to find solutions to this issue. Education, prevention and targeted enforcement are common themes that the community groups encourage and endorse to combat youth access to alcohol. Local news media outlets publish alcohol related violations involving decoy and shoulder tap operations. The County of Mann Division of Alcohol, Drug and Tobacco Programs a partner in alcohol abuse prevention, conducted a Place of Last Drink survey of more than $00 people in Mann County s Drinking Driver Program. The survey asked the participants to indicate where they had their last drink, prior to being arrested. The survey results revealed that 109 different restaurants and bars were named 590 times in the survey. Of these, 10 establishments accounted for 40.$% of all mentions. Two Novato establishments were on the top 10 list. Maya Palenque (349 Enfrente Road) was the 3rd most named establishment, and the Viking bar (7377 Redwood Blvd.) was the 6th The Viking bar is located in the downtown area of Novato, within one block of Mike s Liquors and Brown s Binyerd. Project Description: The Minor Alcohol Access Prevention program was created in 1996 by the Novato Police Department to encourage responsible behavior regarding alcohol sales, alcohol consumption, and safe driving by the youth of our community. The objective of the program is to enhance our efforts to address Novato s youth alcohol problem by targeting youth access to alcohol year round, and to help the Novato Police Department s commitment to Zero Tolerance with youth access to alcohol. The Novato Police Department has achieved some success with our efforts, and recognize that the problem has not been abated. The Novato Police Department believes that the failure to maintain consistent proactive enforcement because of reduced staffing and an increase in calls for service will likely result in a continued increase in alcohol related incidents. Preservation of this program is essential to further eradicate these alcohol problems and will assist us in improving the current education, enforcement and proactive approach. This grant funding will ensure the program continues and will help us meet the goals of the program. The following goals and objectives have been identuied: Community outreach to licensed establishments, especially in the downtown area. Encourage attendance at a LEADS/RBS class. Schedule two (2) LEADS/RBS classes, one in 2016, and one in Coordinate and conduct four (4) IMPACT Operations. Conduct four (4) Decoy/Shoulder Tap operations. The operation will be based on the needs of the department at the time. Conduct four (4) Place of last Drink enforcement operations. A sergeant, and one officer will conduct operations at ABC licensed locations that have been frequently named as the DUI driver s place of last drink. There will be an emphasis on over-serving, DUI prevention and service of alcohol to obviously intoxicated subjects. Conduct (4) IMPACT Inspections, with a goal of inspecting 40 ABC licensed locations. Continue to work with ABC to ensure reports are received by ABC within 5 days of the violation. Issue a press release regarding the grant and the activities that will be conducted with ABC funding. Two personnel to attend the 2016 GAP Conference. 12

13 Measurable Results A 10% decrease in calls for service at the downtown bars, specifically Browns Binyerd. Representation from at least 10% of the ABC licensed establishments in each of the LEADS/RBS classes. During briefing training to patrol personnel, provide them with applicable ABC law updates. The issued press release will be distributed to Mann County news outlets to ensure greater awareness. Outside funding sources will allow for an additional operations staffed by one sergeant and two officers. Project Personnel -Lieutenant Oliver Collins -Sergeant Nick Frey BuDGET DETAIL Exhibit B BUDGET CATEGORY AND LINE-ITEM DETAIL COST.... A. Personnel Services (Straight Time Salaries, Overtime, and Benefits) to nearest dollar) A.1 Straight Time. (Round budget amounts A.2 Overtime -RBS/LEADS Class (2-4 hour classes/2 personnel each class) $ IMPACT Operations (4-4 hour operations! 1 Sergeant and 2 Officers) $ Decoy/Shoulder Tap (4-4 hour operations/i Sergeant and 2 Officers) $ Over Service (4-4 hour operations/i Sergeant and 2 Officers) $ B. Operating Expenses (maximum $2,500) TOTAL PERSONNEL SERVICES $17, Operational buy money. $ TOTAL OPERATING EXPENSES $

14 C. Equipment (maximum $2,500) (Attach receipts for all equipment purchases to monthly billing invoice) Wireless covert surveillance system with audio/video. $1,500 TOTAL EQUIPMENT $1,500 B. Travel Expense/Registration Fees (maximum $2,000) (Registration fee for July 2016 GAP Conference attendee is $275 each) Conference Reservations (2 attendees at $275) $ Hotel Reservation (3 $199 plus tax) $ Air F lights (2 tickets at $ plus tax) Car Rental ($50 a day for four days) TOTAL TRAVEL EXPENSE $1, TOTAL BUDGET DETAIL COST, ALL CATEGORIES $20,

15 OTHER FUNDING SOURCES Complete the following to report the total funds available to support the activities related to accomplishing the goals and objectives of the contract. In the Grant Funds column, report the ABC funds requested by category. In the Other Funds column, report all other funds available to support the project by category (if none, leave blank). Then calculate the totals by category in the Program Total column. Total each column down to arrive at the total program funds available. (Round all budget amounts to the nearest dollar.) BUDGET CATEGORY GRANT OTHER PROGRAM FUNDS FUNDS TOTAL Personnel Services $17, $2,000 $ 19, Operating Expenses $250 $0 $250 Travel/Registration Fees si, $0 $1, Equipment $1,500 $0 $1,500 TOTALS $20, $2,000 $22, (This form does not become part of the contract.) 15