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HomeMy WebLinkAbout08-071 CC ResolutionRESOLUTION N0.08-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY TO SUBMIT A PROPOSAL TO AND ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL FOR THE GRANT ASSISTANCE PROGRAM THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby finds, determines and declares that: A. The City Council of the City of Temecula desires to undertake a certain project designated as the State of California Department of Alcoholic Beverage Control Grant Assistance Program to be funded in part from funds made available through the Grant Assistance Program ("GAP") administered by the Department of Alcoholic Beverage Control ("ABC"); B. The goal of the project, for which GAP funds are sought, is to reduce the a incidence of alcohol related problems in the City through a combination of education and enforcement, as provided in the GAP. proposal ("Proposal°) in Exhibit A attached hereto and incorporated by this reference. The project will also include training to sworn personnel and retailers and education to citizens through town meetings and press releases. C. To obtains GAP funds through ABC, ABC requires that the City enter into an agreement with ABC ("Agreement"), as provided in Exhibit "B" attached hereto and incorporated by this reference,. D. The City Council acknowledges and agrees that any liability arising out of the performance of the Agreement, as shown in Exhibit "A° attached hereto and incorporated by this reference, 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. E. The City Council acknowledges that any grant funds received hereunder shall not be used to supplant expenditures controlled by this City Council. F. The City Council acknowledges and agrees that the award granted to the City by the ABC shall not subject to local hiring freezes. Section 2. The City Council hereby authorizes the City Manager of the City of Temecula, on the City's behalf, to submit the attached Proposal to ABC (Exhibit "A") R:/Resos 2008/Resos 0&71 a and execute the attached Agreement (Exhibit "B"), including any extensions or amendments thereof and any subsequent agreement or contract with the State in relation thereto. Section 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of July, 2008. ich Naggar, Ma or ATTEST: D ~SEA~, 0 R:/Resos 2008/Resoa 0&71 2 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 08-71 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of July, 2008, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ( J Susan .Jones MMC \ City Clerk C R:/Rasos 2008/Resos 0&71 3 Exhibit A 0 C ri .` li State of California Department of Alcoholic Beverage Control SAL COVER 0 c (r0 B8 COI~I81~ BY APPLICANT A(i~ICY) 1. Name of Applicant Agency: City of Temecula 2. Description of Applicant Agency: Provide a brkf summary lucladhrg department size, stafnng, and structure. Temecula Police Department is staffed with 111 sworn officers, and 20 non~sworn classified employees. The department includes patrol operations, detective bureau, traffic division, Special Enforcement Team, School Resource Officers, Mall Officers, and Crime Prevention Officers. The Agency is responsible for providing police services to shoat 98,000 residents, and encompasses 30.15 square miles. The City of Temecula contracts with the Riverside Sheriff's Department for police services. 3. Cl or Coun Served: City of Temecula 4. Po station of Service Area: 98,000 5. Project Description: Summarize the proposed proJed covering the objectives, method of procedure, evahrafion, and sad product. The goal of the Temecula Poflce Department daring this program is to reduce the incidence of alcohol related problems in the city through a combination of education and enforcement. These operations wlll include task force operations, minor decoy programs, "shoulder gyp" operations, "cops in shops" operations, "1MPACT" operations, and "LEAD" edacatlon programs. The project will also include training to sworn personnel and retailers, and education to citizens through town meetings and press releases. Monthly evalaetions and reports will be se sent to the ABC. 6. Fends R aested: S76 2 7. Pro act Period: J 12008 to Jane 30 2009 8. Acceptance oP Conditions: By submitting this proposal the app8cant slpiSea acceptance of the rosponsibWty to wmply wlth all requirements stated in the Request for Proposals. The appileaut anderetaads that ABC b not obligated to fond the project untlt the applicant submits correctly completed docameab roquired for the contract. A. Project Director (person having day~o-day & G7ii~'of Police or Sher responsibility for the project) (authorizing official) Name: Sgt Robert Eppa Names: 'Captain Jerry Williams Address: 30755A Auld Rd, Muaiela, CA 92563 Address: 30755A Auld Rd, Monists, CA 92563 Phone: (951)696-3000 Phone: (951)696-3000 Fax: (951)696-3010 Fax: (951)696-3010 B. Mail Addroas: REPPS(r~riversIdaaheriiCorg E. Mail Address: IW WILLiA@rivasidash~org S' S' Title: aunt in a of S ial Enforcement Team Title: Temacda Chief ofPo C. Fiscal or Arno Offitaal D. ABC USE ONLY Name: Genie Roberts, Finance Diroctor Address: 43200 Business Perk Dr. Temecula, CA 92590 Phone: (951)694-6433 Fax: (951)694-6479 E. Mail A enie.ro cityo ecuia.org sigaatare: Title: Temecula City Maosget t. 1 PROJECT NARRATIVE a - sU14iQ1~tARY: The City of Temecula wntracts with the Riverside Sheriffs Depatnent for Police Services, which is considered Temecula Police Department. The Temecula Police Department is comprised of 111 sworn personnel and 20 non-sworn classified personnel, who provide service for approximately 98,000 resides within a 30.15 square mile area ht addition to the contracted Police personnel, the city relies on wunty employed administration, including Sheriff's Lieutenants, Captain, Chief Deputies, and the Sheriff. The station Captain holds the title of Chief of Police. The department is divided into Patrol Operations, Investigations, Traffic Division, Special Enforcement Team, School Resource Officers, Mall Officers, and Crime Prevention Officers. Temecula contains 158 restaurants which serve alcoholic beverages (On-sale licensees). In addition, there are 71 retailers within the city that are licensed for the sale of alcoholic beverages which are to be consumed away finm the establishment (Off-sale licensees). The majority of the "full bar" establishments are along the I15 and SR-79 corridors. This project will include all establishments within the City of Temecula. The establishments which sell alcohol include family restaurants, pool halls, dance halls, Irish Pubs, or small clubs with live music venues. The City of Temecula is comprised of citizens from a wide variety of ethnic backgrounds. The city's demographic composition is as follows: White: 57.5% Hispanic: 29.8% African American: 3.1% Native American:.4% Asian: 8.4% Other: 2.9'/0 During operations, Temecula Police personnel will serve to educate the owners and employees of establishments which sell alcohol. This will be accomplished in conjunction with "IIv1PACT' and "LEAD" guidelines. The program will also include a "Retail Operating Standards Task Force" (ROSTF) to pro-actively identify and address public nuisance problems at the point of sale. This portion of the program will include ABC personnel as well as Temecula Police personnel. The goal of these operations will be to gather evidence of specific violations of Section 25612:5 B&P. In total, Temecula Police Department is requesting $75,832 to complete the program. Of these funds, $68,332 will be used for personnel services, $2,500 for equipment purchase, $2,500 for operating expenses, and $2,500 for travel and registration fees. The equipment money will be used W purchase wireless radio microphones and ear pieces to assist with "Decoy" and plain clothes operations, and any "Buy" operations which arise from the programs. The operating expense funds will be used for "Decoy", "Shoulder tap", "Trap Door", and narcotics investigations operations. The money will be used for "Buy money". Funds for travel and regishation fees will include pet diem, lodging, and registration fees associated with the July 2008 GAP conference, and the January 2009 GAP conference. lI t1 GOALS AND OBJECTIVES: i. To identify alcohol related problems within the City of Temecula, to include problematic establishments and specific areas of concern. 2. Reduce the incidence of alcohol and drug related violations committed by establishment owners and their employees, as well as patrons and minors. 3. Reduce the incidence of driving under the influence and public intoxication by patrons of local establishments. 4. Develop and implement amulti-agency task force concept, to include the Regional Gang Task Force, Temecula Code Enforcement, County Environmental Health, CHP, Border Patrol, and ABC. 5. Educate the public regarding alwhol related laws and practices. 6. Educate the owners and employees of establishments which sell alcohol as to their responsibilities and obligations to the community. 7. Develop and implement ongoing ABC related operations and standard procedures, including education and training programs. 8. Prepare written evaluations on the existing system. 9. Implement a system of transmitting sneer reports to the ABC on a montlily basis. 10. Increase communication with the local community by meeting with community goups and local action committees at least once every two months. 11. Conduct 5 "Task force" operations. 12. Conduct at least 5 "Minor Decoy" operations. 13. Conduct at least 4 "Shoulder Tap" operations. 14. Conduct at least 3 "Cops in Shops" operations. 1S. Conduct 3 "Trap Door" operations. 16. Provide roll call training on alcohol related issues to all sworn personnel once per month at each shift briefing. 17. Coordinate and conduct at least 10 IMPACT operations. 18. Schedule and coordinate at least 5 LEAD education programs. 19. Develop a policy and procedure to educate citizens within the community about this project through press releases aad community meetings, and to give periodic updates on the status and accomplishments of the project. 20. Lssue at least 6 press releases regarding the grant and the activities conducted under the grant. PROBLEM STATEMENT: Community Concerns: In 2007, Temecula Police Officers made 401 arnsts for driving under the influence, and 195 arrests for public intoxication. Many of these incidents were committed by patrons of established facilities within the city, and occurred either at the establishment, or shortly after the patron left This project will specifically target establishments which sell alcohol to obviously intoxicated persons, sell alcohol to minors, fail to monitor patrons who purchase alcohol and then leave the establishment with open containers, and fail to comply with ABC regulations regarding sale and storage of alcoholic beverages. The Temecula Police Department has investigated numerous public nuisance type complaints regarding specific establishments. Temecula citizens have voiced concerns regarding t1 `l 0 specific establishments that serve alwhol to under age females in order to draw the business of male patrons. There have also been reported incidents of adults purchasing alcohol for minors. The community has expressed great concern over the danger to the public caused by persons driving under the influence and alleged drug sales at some establishments. Specific problematic establishments include the following: Johnny G's (License #422542): Numerous arrests of patrons for DUI and public intoxication, numerous arrests at the location for drug sales, and patron violence toward law enforcement. Temecula Rine and Beer Garden (License #456319): Numerous arnsts of patrons for DUI and public intoxication, loud noise complaints by local residents, frequent patronage by known outlaw motorcycle gang members, numerous fights and assaults at and around the establishment. Killarney's (License #414966): Overcrowding in violation of fire ordinances, numerous arrests of patrons for DUI and public intoxication, investigations of under aged females who were served free alcohol in order to draw male patrons. Hard Hat's (License #444108): Allegations of prostitution occurring at the establishment, indecent exposure by employees, m:merous arrests of patrons for DUI and public intoxication. Aloha day's (License #347332): Numerous arrests of patrons for DUI and public intoxication, loud noise complaints by local residents, frequent patronage by known outlaw motorcycle gang members, numerous fights and assaults at and around the establishment. Iron Wok (License #403613): Numerous fights and assaults at and around the establishment, over serving of intoxicated patrons, and patron violence toward law enforcement 0 Other factors that wntribute to the problem are the lack of education to the public regarding alcohol related responsibilities, as well as a lack of training to department members regarding the enforcement of regulations and Laws. PROJECT DESCRIPTION: 1. To conduct 6 "Task Force" operations on overtime: Three operations will be conducted between July 1, 2008 and October 31, 2008 to coincide with summer months and holidays. Two operations will be conducted between November 15, 2008 and January 1, 2009, to wincide with the winter holiday season One operation between March 15, 2009, and Apri115, 2009, to coincide with the traditional "Spring Break" period Task forceoperationswillpro-actively identify and address public nuisance problems at the point of sale. This portion of the program will include ABC personnel as well as Temecula Police personnel. The goal of these operations will be to gather evidence of specific violations of Section 25612.5 B&P. 2. To conduct 5 "Minor Decoy" operations (August 2008, October 2008, January 2009, Apri12009, May 2009). 3. To conduct 4 "Shoulder Tap" operations (August 2008, September 2008, February2009, June 2009). 4. To conduct 3 "Trap Door" operations (January 2009, March 2009, May 2009). 0 5. To conduct 3 "Cops in Shops" operations (December 2008, Apri12009, June 2009). lJ 6. To conduct 10 "IIvIPACT"operations, to be scheduled throughout the year, between July 1 2008 and June 30 2009, in conjunction with establishment owners and personnel availability. 7. To conduct 5 "LEAD" education programs, to be scheduled throughout the year, between July 1 2008 and June 30 2009, in conjunction with the availability of establishment owners sad personnel PROJECT PERSONNEL: This project will be overseen and coordinated by the Temecula Police "Special Enforcement Team" (SET). "Minor Decoy", Shoulder Tap", "Trap Door", and "Cops in Shops" operations will be comprised of a minimum of four sworn Temecula Police Officers (including 1 corporal), one Temecula Police Sergeant, and one non-sworn Temecula Police Community Service Officer. Non- sworn volunteer Sheriff s Explores will assist in operations which require minors. For the "Task Force" operations, staffing will be increased by two officers for a total of six Temecula Police Officers on overtime. In addition, personnel fibm allied agencies will be solicited to assist with "Task Force" operations. The allied agencies include Regional Gang Task Force, Temecula Code Enforcement, County Environmental Health, CHP, Border Patrol, and ABC. Temecula Police personnel involved in the operations will include: a Sgt Robert Eppa ID 2894, Cpl Ken Violette ID 3306, Dep. James Woodland ID 2589, Dep. Larry Gathrlght ID 4225, Dep Tanya Pasco ID 3607, Dep Alez Simmons ID 3666, Dep Dennis Cheshire ID 3198, CSO Carolina Zachary ID N1920, and CSO Terri Harney ID N4259. "IMPACT" and "LEAD" training will be conducted by two Temecula Police Officers and one Temecula Police Community Service Officer. The Temecula Police Community Service Officer will perform these tasks in conjunction with his normal work responsibilities, during hours of regular pay by the department, due to the fact that he is the City of Temecula's liaison with establishments that apply for a business license and intend to sell alcohol. Members of the Temecula Police SET team will conduct training at Patrol briefings on a monthly basis in conjunction with their daily duties. Members of the Temecula Police SET team will also prepare written evaluations and coordinate with station clerical staff to ensure that all reports are sent to ABC each month, as required by 24202 B&P. The Temecula Police SET Team Sergeant will be responsible for all press releases. One press release will be written at the beginning of the grant operation period, and a minimum of five additional press releases will be written after operations throughout the period. The Temecula Police SET Sergeant or his designee will also be responsible for coordinating meetings with community with the intent to educate and inform citizens about the program and its goals, and to give these getups periodic updates on the status and accomplishments of the program. On behalf of the City of Temecula, the Temecula Police Department, and the Riverside 0 County Sherif#'s Department, we thank you in advance for your time and consideration for this grant selection process. J C n tl BUDGET ESTIMATE BUDGET CATEGORY AND LWE-ITEM DETAIL COST b d m A. Personnel Services salaries, overtime, and benefits) u get e (Round ouatu olive Sergeant for 144 overtime hours @ $77.82 per hour = $11,206 olive Officer fox 648 overtime hours @ $79.96 per hour = $51,814 olive Community Service Off. II for 144 overtone hours @ $36.89 per hour = $5,312 olice Community Service Off. II for 45 overtime hours @ $39.88 per hour = $1,795 TOTAL PERSONNEL SERVICES $70,127 B..O erating E eases mszimam $2,500 Operating expenses for Decoy operations, Shoulder Tap operations, and $2.500 Narcotic investigations "buy money" TOTAL OPERATING EXPENSES $2,500 C. ui meat (maximum $2,500) Wireless handheld radio microphone system for Decoy operations $2,500 TOTAL EQUIPMENT $2,500 D. Travel Ea ense/Registration Fees maaimnm $3,500 Registration for July 2008 GAP Conference 2 Attendees at $200 each $400 Registration for January 2009 GAP Conference 2 Attendees at $200 $4~ each Travel, per diem, and lodging for the January and July GAP $1,700 Conferences TOTAL TRAVEL EXPENSE $2,500 TOTAL BUDGET: ESTIMATE, ALL CATEGORIES $77,627 ,l a OTHER FUNDING SOURCES Complete the following to report the total funds available to support the activities related to accomplishing the goals aad 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. 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.) J a BUDGET CATEGORY GRANT FUNDS OTHER FUNDS PROGRAM TOTAL ersonnel Services $68,332 $1,795 $70,127 perating Ezpenses $2,500 $0 $2,500 ravel/Registration Fees $2,500 $0 $2,500 uipment $2,500 $255 $2,755 TOTALS $75,832 $2,050 $77,882 (This form does not become part of the contract.) ~~ REQUEST FOR PROPOSALS RATING FORM APPLICANT: FUNDS REQUESTED: INSTRUCTIONS TO RATER: The rating form is divided into six categories with a maximum point value assigned to each category. Rate each category based on the applicant's response in the n~uest for proposal. You may use the comments line to give more detail. Once you have rated the request for proposal, total the points at the bottom. The maximum points an applicant agency can receive is 100 poi~s. CATEGORY: SIJNIII~IARY- (15 POINTS MAJOMUIvn Does applicant describe the department's size, structure, staffing, number of ABC licenses, demographics of jurisdiction, and goals and objectives? Points Received PROBLEM STATEMENT- (25 POINTS Iv1A70IvIUlvl) Does applicant clearly identify the area to be served, specific problematic ABC licensed locations, community concerns, and other factors that contribute to the problem? Points Received Comments: PROJECT DESCRIPTION- (25 POINTS MAIOA~IiJlvt) Dces applicant clearly state the goals and objectives in fiill detail? Are objectives measurable, realistic, and related to a time frame? Are ABC enforcement strategies utilised (example, LEAD, 11vIPACT,1vImor Decoy, Shoulder Tap, Trapdoor, etc.) Points Received Comments: .: a P~tOJECT PERSONNEL- (25 POINTS MAXIlvIUIvi) Dces applicant clearly describe the staffing required to carry out grant objectives and activities as supported by the pmpoaed budget? Does it include the names of the Unit/Division responsible for the project? Points Received Comments: BUDGET ESTIMATE- (5 POINTS) Is the budget estimate page completed? 5 Pointe _ (5 POINTS) Is the other funding sources page completed? 5 Points _ 0 TOTAL POIlVTS f100 POINTS MAXIMUMI NAME DATE Exhibit B c u '_ l l 'ATE OF CALIFORNIA TANDARD AGB.EEMENT 213 (Rev 06/03) iREEMENT NUMBER 08GLA29 AISTRATION NUMBER _This Agreement is entered into between the State Agency and the Contractor named below: _-__.___. STATEAGENCY5NAME Depardioent of Alcoholic Beverage Control _ --___...._ .__. CONTRACI'OR5 NAME City of Temecula through the Temecula Police Department _ _____._.__.___.. The term of this July 1, 2008, through Juue 30, 2009 Agreement is: -- ---.-.---.._.._..-- The maximum amount $ 76,262.00 of this Agreement is: i, 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 Work/Ptoject 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 O Items shown with an Asterisk (") are herebyincorporated by reference and'made part ojthis agreement as tf attached hereto. These documents can be viewed at x ^v d •mentr d¢s ca ¢ov/oLs/G71G30~doc IN WITNESS WHEREOF, this Agreement has been a:ecuted by the parries hereto. CONTRACTOR CONTRACTOR'S NAME (/father than an hidhfdua4 iron wAdha a an-o~~ p~y'~P. ~) City of Temecula through the Temecula Police Department BY (Authorized SignaN~e) SIGNED (Do not type) PRINTED NAME AND TI71E OP PERSON SIOND70 II Sha~+n Nelson, City Manager __ ADDRESS 43200 Busineae Park Drive Temecula, CA 92590 STATE OF CALIIiORNIA . ~ AGENCY NAME of Alcoholic Beverage Control BY (Authorized Signazuro) NAME AND TITLE OP Assistant Director, Administration SIGNED (Do na pPe) CellAomle Detreronento/Oenaral Sarviaea Use 0n/y Exempt per 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 • , ~ ~"'~ Exhibit A .• PROJECT NARRATIVE s><J>vntlraRY: The City of Temecula contracts with the Riverside Sheriff a Deparmnent for Police Services, which is considered Temecula Police Departme~. The Temeatla Police Department is comprised of 111 sworn personnel and 20 non-sworn classified personnel, who provide service for approximately A8,000 residents within a 30.15 square mile area. In addition to the conhacted Police personnel, the city relies on county cerployed administration, including Sheriffs Lieutenants, Captain, Chief Deputies, and the Sha~iff. The station Captain holds the titre of Chief of Police. The department is divided irno Patrol Opastions, hwesdgations, Traffic Division, Special Enforcement Team, School Resource Officers, Mall Officers, and Crime Preve~ion Officers. Temecula contains 158 restatrtants which earn alcoholic beverages (On-sale licensees). Ia addition, there are 71 retarTers within the city that aro lic~sed for the sale of alcoholic beverages which are to be consumed away from the establishment (Off-sale licensees). The majority of the "full bar" establishments are along the I15 and SR 79 corridors. This project will include all establishments within the City of Temearla The establishments which sell alcohol include family restaruvnta, pool halls, dance halls, Irish O Pubs, or small clubs with live music vceues. The City of Temeada is comprised of citizens from a wide variety of ethnic backgrounds. The city's demographic composition is as follows: White: 57.5% Hispanic: 29.8% African American: 3.1% Native Ametican:.4% Asian: 8.4% Other. 2.9% During operations, Temecula Police personnel will serve to educate the owners a~ employees of establishments which sell alcohol. This will be accomplished in conjunction with "IIvIPACT" and "LEAD" guidelines. The program will also include a "Retail Operating Standards Task Force" (ROSTF) to pro•ectively identify and address public nuisance problems at the point of sale. This portion of the program will include ABC personnel as well as Temecula Police persoffiel. The goal of these operations will be to gather evidence of specific violations of Section 25612:5 B&P. In total, Temecula Police Department is requesting $75,832 to complete the program. Of these funds, $68,332 will be used for personnel aervtces, $2,500 for equipment purchase, $2,500 for operating expenses, and $2,500 for travel and registration foes. The oquipmeffi money will be used to purchase wireless radio microphones and ear pieces to assist with "Deeoy^ and plain clotlms operations, and any "Buy" operations which arise from the programs. The operating expcese funds will be used for "Decoy", "Shoulder tap", `°IYap Door", a~ narcotics inveatigatio~ operations. The money will be used for `Buy money". Ftmds for travel and registration foes will include per -diem, lodging, and registration fees associated with the July 2008 GAP conference, and. the 0 January 2009 GAP conference. • ; ' ` l ~ Exhibit A 0 GOALS AND OBJECTIVES• 1. To identify alcohol related problems within the City of Temecula, to include problematic establishments and specific areas of wncem. 2. Reduce the incidence of alcohol and drug related violations committed by establishment owners and their employees, as well as patrons and minors. 3. Reduce the incidence of driving under the influence and public intoxication by patrons of local establishments. 4. Develop and implement amulti-agency task force concept, to include the Regional Gang Task Force, Temeatla Code Enforcement, County Environmental Health. CHP, Border Patrol, and ABC. 5. Educate the public regarding alcohol related laws and practices. 6. Educate the owners a~ employees of establishments which sell alcohol as to their responsibilities and obligations to the community. 7. Develop and implement ongoing ABC related operations and staaderd procedures, including education and training programs. 8. Prepare writOen evaluations on the existing system. 9. Implement a system of transmitting aaest reports to the ABC on a momhly basis. 10. Increase commtmication with the local community by meeting with community groups and local action committees at least once evray ivvo months. 11. Conduct 5 "Task force" operations. 0 12. Conduct at least 5 "Minor Decoy" operations. 13. Conduct at least 4 "Shoulder Tap" operations. 14. Conduct at least 3 "Cops in Shops" operations. 15. Conduct 3 "Trap Door" operations. 16. Provide roll call training on alcohol related issues to all sworn personnel once per month at each shift briefing. 17. Coordinate and conduct at least 10 IIvIPACT operations. 18. Schedule end coordinate at least 5 LEAD education programs. 19. Develop a policy and procedure to educate citizens within the community about this project through press releases and community meetings, and to give periodic updates on the statue and accomplishments of the project 20. Issue at least 6 press releases regarding the grant and the activities conducted under the grant. PROBLEM STATEMENT• Community Concerns: 1n 2007, Temecula Police Officers made 401 arrests for driving ua<ler the influence, and 195 arrests for public imoxic~tion. Many of these incide~ were committed by patrons of established facilities within the city, and occurred either at the esteblishmeat, or shoNy after the patron left. This project will specifically target establishments which sell alcohol to obviously intoxicated persons, sell alcohol to minors, fail to monitor patrons who.purchase alcohol and then leave the establishment wiW open containers, and fail to comply with ABC reguh-tioffi 0 'regarding sale and storage of alcoholic beverages. The Temecula Police Department has investigated numerous public nuisance type complaints regarding specific establishmens. Temecula citizens have voiced concerns regarding . ~ (~ Exhibit A specific establishments that serve alcohol to underage females in order to draw the business of male patrons. There have also bean reported incidents of adults purchasing alcohol for minors. The community has expressed great concern over the danger to the public caused by parsons driving ands the influence and alleged drug sales at some establishments. Specific problematic establishments include the following: Johnny G's (Liccese #422542): Numerous arrests of patrons for DUI and public intoxication, numerous arrests at the location for drug sales, and patron violence toward law enforcement. Temecula Wine and Beer Garden (License #456319): Numerous arrests of patrons for DUI sad public intoxication, loud noise complaints by local raaide~, frequent Patronage by known outlaw motorcycle gang members, aumarous fights and assaults at and around the establishm~t. Killlatney's (License #41496: Overaowding in violation of fire ordinances, numerous arrests of patrons for DUI and public intoxication, investigations of under aged females who wen served free alcohol in order to draw male patrons. Hard Hat's (License #444108): Allegations of prostitution oaa>Qing at the establishment, indecent exposure by employees, numerous arrests of patrons for DUI and public intoxication. Aloha Jaye (License #347332): Numerous aaests of patrons for DUI and public imoxication, loud noise complaints by local resides, frequent patronage by known outlaw motorcycle gang members, numerous fights and assaults at and around the establishment. Iron Wok (License #403613): Numerous (iglus sad assarrits stand around the establishment, over serving of intoxicated patrons, and patron violence toward hrw enforoemeat. Other factors that contribute to the problem are the lack of education to the public regarding alcohol related responsibilities, as well as a lack of training to department members regarding the enforcement of regulations and laws. PROJECT DESCRIPTION: 1. To conduct 6 "Task Force° operations on overtime: Three operations will be conducted between July 1, 2008 and October 31, 2008 to wiacide with summer months and holidays. Two operations will be conducted between November 15, 2008 and January 1, 2009, to coincide with the winter holiday season. One operation between Match 15, 2009, and April l S, 2009, to coincide with the traditional "Spring Break" period. Task force operations.will lxo-actively identify and address public nuisance problems at the poi of sale. This portion of the program will include ABC personnel as well as Temearla Police personnel The goal of these operations will be to gather evidence of specific violations of Sorties 25612.5 B6tP. 2. To conduct 5 "Minor Decey" operations (August 2008, October 2008, January 2009, ApIi12009, May 2009). 3. To conduct 4 "Shoulder Tap" operations (August 2008, September 2008, Febrtrary~L009, June 2009). 4;~To conduct 3 "Trap Door" operations (January 2009, March 2009, May 2009). 5. To conduct 3 "Cops in Shops" operations (December 2008, April 2009, June 2009). ~. ' t I Exhibit A O 6. To conduct 10 "IIvIPACT" operations, to be scheduled throughout the year, betwcen July 12008 and June 30 2009, in conjunction with establishment owners and personnel availability. 7. To conduct 5 "LEAD" education programs, to be scheduled throughout the year, between July 1 2008 and June 30 2009, in conjunction with the availability of establishment owners and personnel. PROJECT PERSONNEL: This project will be overseen and coordinated by the Temecula Police "Special Enforcement Team" (SET). "Minor Decoy", Shoulder Tap", "Trap Door", and "Cops in Shops" opa~ationa will be comprised of a minimum of four svvom Temecula Police Officers ('including 1 corporal), one Temecula Police Sergeant, and one mn-awom Temoarla Police Community Service Ol~ca. Non- sworn volunteea Sheriff's Explorers will assist in openrtio~ which require minors. For the `Task Farce" operations, starling will be increased by two officers for s total of six Temearla Police Officers on overtime.ln addition, persoffiel from allied agencies will be solicited m assist with "Task Force" operations. The allied agencies include Regional Gang Task Force, Tenroaila Code Enforoemeat, County Environmental Healdr, CHP, Border Patrol, and ABC. Temecula Police O personnel involved in the operations will include: Sgt Robert Eppa ID 2894, Cpl l[t;~ Colette ID 3306, Dep. James Woodhind ID 2589, Dep. Larry Gathrigbt ID 4225, Dep Tanya Pasco ID 3607, Dep Alez Simmons ID 3666, Dep Dennis Cheshire ID 3198, CSO Carolina Zachary ID N1920, and CSO Terri Harney ID N4259. "IIvIPACT" and "LEAD" training will be conducted by two Temecula Police O~ceas and one Temecula Poflce Community Service Officer. The Temecula Police Community Service Officer will petfomi these tasks in conjundioa with his normal work responsibilities, during hours of regular pay by the departmem, due to the fact that he is the City of Temecula's liaison with establishments that apply for a business license and intend to sell alcohol Members•of the Temecula Police SET team will conduct training at Patrol briefings on a monthly basis in conjunction with their daily duties. Members of the Temecula Police SET team will also prepare written evaluations and coordinate with station clerical staff to ensure that all reports are sent to ABC each month, as required by 24202 B&P. The Temecula Police SET Team Sergeant will be responsible for all press releases. One press release will be written at the beginning of the grant operation period, and a minimum of five additional press releases will be written after opeaations throughout the period: The Temec» la Police SET Sergeant or his designee will also be responsible for coordinatitrg meetings with community with the intent to educate and infomr citizens about the program and its goals, and to give these groups periodic updales on the status and accomplishments of the program. O Oa behalf of the City of Temecula, the Temecula Police Department, and fine luverside County Sheriff's Department, we thank you in advance for your tune and consideration for this grant selection process. n Ezhibit B BUDGET ESTIMATE 0 BUDGET CATEGORY AND LINE-ITEM DETAIL COST ptouna tuasx amounts w A. Personnel Services salsri overtim and benefits ~~`~ Personnel Straight Time Personnel Overtime Personnel Benefits $15,212 $55,050 $0 TOTAL PERSONNEL SERVICES $70,262 B. O eratin E Haas mazimnm $2 $o TOTAL OPERATING EXPENSES $0 C. E ai ment msaimam $2 Wireless haadheld radio microphone system for Decoy operations $2,500 TOTAL EQUIPMENT $2,500 D. Travel Ez enselR ' tratlon Fees mazimum $3 0 Registration for July 2008 GAP Conference 2 Attendees at $200 each Registration for January 2009 GAP Conference 2 Attendees at $200 each Travel, per diem, and lodging for the January and July GAP conferences $400 $400 $2,700 TOTAL TRAVEL EXPENSES $3,500 TOTAL BUDGET ESTIMATE, ALL CATEGORIES .$76,262 F. 1 .l Exhibit D Payment Provisions e 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 Estrmte" 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-famished 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. • ~ n Eahlbit 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 writa-g is required for the location, costs, dates, agenda, instructors, instructional materials, aad 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. 0 10. BUDGET CONTINGENCY CLAUSE - It is mutually agrced that if the Budget Act of the current yearand/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no firrther 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. c 0 Exhibit E Special Terms and Conditions 1. Disvutes: 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 fiunish a copy thereof to the Contractor. The decision of the Departrnent shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise fiunishes to the State a written appeal addressed to the Director, Departrnent 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 wnnection 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 O of the contract and in accordance with the decision of the State. . 2. Termination Without Cause: Either party may temunate this agreement at anytime for any reason upon ten (10) days written notice. No penalty shall accrue to either party .because of contract termination. 3. Contract Validiri: This contract is valid and enforceable only if approved by the Office of Legal Services, State Deparhnent 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. S. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding maybe reduced by the State to reflect this lower level of project activity. L~