HomeMy WebLinkAbout16-Police Department
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Keith L. Kilmer, Chief of Police
Subject: Resolution of the City of San
Bernardino ratifying the submittal of the
FY 2011/2012 ABC Grant Assistance
Program application and authorizing the
San Bernardino Police Department to
accept and administer the grant funds
upon award by the Department of
Alcoholic Beverage Control
Dept: Police
Date: March 24, 2011
Council Date: May 2,2011
Synopsis of Previous Council Action:
3-29-2011
This item was reviewed by the Grants Ad Hoc Committee, who recommended it
be submitted to the full Council for approval.
Recommended Motion:
ill~
Adopt Resolution.
Keith L. Kilmer, Chief of Police
Contact person:
I t Ron M::I::Iss Vir.p.-N::Irr.otir.s
Phone:
(909) ~RR-1 ??O
Supporting data attached:
Yes
Ward:
All
FUNDING REQUIREMENTS:
Amount:
$0.00
Source: (Accl. No.) -0-
(Ar.r.t [)p.sr.rirtion) -0-
Finance:
Council Notes:
Agenda Item No. I (j)
tJD -11 ;}- deJ/ (
STAFF REPORT
To:
Honorable Mayor and Members of the Common Council
From:
Lieutenant Ron Maass, San Bernardino Police Department
Subject:
Resolution of the City of San Bernardino ratifying the submittal of the FY
2011/2012 ABC Grant Assistance Program application and authorizing the San
Bernardino Police Department to accept and administer the grant funds upon
award by the Department of Alcoholic Beverage Control
Back2:round:
The Department of Alcoholic Beverage Control (ABC) is offering grants of up to $100,000 to
local law enforcement agencies to expand their present efforts in addressing alcohol related
problems through a comprehensive ABC program that encompasses a wide range of strategies.
Particular focus is placed on those licensed establishments which operate in a disorderly manner,
create an undue burden on law enforcement services, or contribute to quality of life problems for
the surrounding community.
As of March 2011, there were 357 retail ABC licensees within the City of San Bernardino,
including 187 off-sale licenses (liquor stores, markets, etc.) and 170 on-sale licenses (bars,
restaurants, etc). According to ABC guidelines, based upon the latest 2010 US Census
population estimate of 209,924 residents, there would normally be up to 164 off-sale licenses and
105 on-sales licenses issued. As a result, numerous Census tracts within the city are over-
saturated for ABC licensees. Many of the establishments are not inspected by ABC on any
regular basis due to funding and staffing issues at ABC.
Award of the grant funds would afford the opportunity to substantially enhance current
enforcement activities throughout the city to address community problems associated with
alcohol establishments as previously identified by the Council in its enacting of the Deemed
Approved Ordinance MC-133l.
If selected, San Bernardino Police Officers will work closely with ABC investigators and receive
training in ABC law, alcohol enforcement strategies, and community resources. The grant would
reimburse the City of San Bernardino for the salaries of those officers assigned to the project for
the actual time worked on the project. In addition, the reimbursement will include the actual
costs of the employee benefits, not to exceed 30% of salary costs. The grant will also pay for the
travel expenses (transportation, subsistence, and lodging) and registration fees for the training of
the two officers assigned, requiring them to attend training in Sacramento in July 2011. The
estimated budget would reimburse the City for $97,995 in salary and benefits for FY 2011/2012
as well as $2,000 for the mandated training administered by ABC.
Financial Impact:
There is no financial impact to the general fund. There are no matching funds requirements
under the grant and the City of San Bernardino is already engaged in several levels of alcohol
related enforcement activities.
Recommendation:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RATIFYING THE SUBMITTAL OF THE FY 2011/2012 ABC
GRANT ASSISTANCE PROGRAM APPLICATION AND AUTHORIZING THE SAN
BERNARDINO POLICE DEPARTMENT TO ACCEPT AND ADMINISTER THE
GRANT FUNDS UPON AWARD BY THE DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL (ABC)
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council do hereby ratify the submittal to the
Department of Alcoholic Beverage Control, FY 2011/2012 Grant Assistance Program, an
application for a grant in the amount of $99,995, a copy of which is attached hereto and
incorporated herein as Exhibit "A;"
SECTION 2. The Police Chief or his designee is hereby authorized and directed to
execute and administer on behalf of the City said Grant upon award.
SECTION 3. It is agreed that any liability arising out of the performance of this
agreement, 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.
SECTION 4. Be it further resolved that grant funds received hereunder shall not be
used to supplant expenditures controlled by this body.
SECTION 5. It is also agreed that this award is not subject to local hiring freezes.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RATIFYING THE SUBMITTAL OF THE FY 2011/2012 ABC
GRANT ASSISTANCE PROGRAM APPLICATION AND AUTHORIZING THE SAN
BERNARDINO POLICE DEPARTMENT TO ACCEPT AND ADMINISTER THE
GRANT FUNDS UPON AWARD BY THE DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL (ABC)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting
thereof, held on the _ day of
,2011, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
MARQUEZ
VACANT
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, CMC, City Clerk
The foregoing resolution is hereby approved this
day of
, 2011.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN,
City Attorney
Btf- Jl "-~
State of California
Department of Alcoholic Bevera~e Control
Grant Assistance Pro ram
PROPOSAL COVER SHEET
(TO BE COMPLETED BY APPLICANT AGENCY)
1. Name of Applicant Agency: San Bernardino Police Department
2. Description of Applicant Agency: Provide a brief summary including department size, staffing, and structure.
Due to current budget conditions, the San Bernardino Police Department is currently in the process of
reducing its force from over 350 sworn officers to 298 sworn officers. The department is currently
divided into three divisions: Patrol, Investigations, and Administrative Services. The Patrol division is
divided into four District Commands. Each District Command consists of approximately ~ of the city.
The department has incorporated a long-term Community Policing and Problem Solving strategy.
3. City or County Served: City of San Bernardino 4. Population of Service Area: 209,924
5. Project Description: Summarize the proposed project covering the objectives, method of procedure, evaluation, and
end product. Create and implement a systematic, pro-active strategy to address alcohol-related
problems at the point of sale on a community-wide scale. There are 357 current retail ABC licenses
within the city, including 187 off-sale and 170 on-sale licenses. A two stage approach,
prevention/intervention and suppression, will be utilized to increase public awareness of the problems
"'~sociated with underage drinking as well hold alcoholic sales outlets accountable for their actions.
6. Funds Re uested: $99,995 7. Pro'ect Period: Jul 1,2011- June 30,2012
8. 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
responsibility for the project)
B. Chief of Police or Sheriff
(authorizing official)
Name: H. Ronald Maass
Address: 710 N. '0' Street / PO Box 1559
San Bernardino, CA 92402-] 559
Name: Keith L. Kilmer
Address: 710N. '0' Street/PO Box 1559
San Bernardino, CA 92402-1559
Phone: (909)384-5607
Fax: (909)388-495 ~.
E: Mail Addre : II <~sbcity.org
Signature: , ~
Title: Lieutenant
C. Fiscal or Accounting Official
Name: Julie Jensen
Address: 710 N. '0' Street
San Bernardino, C A 9240]
Title: Chief of Police
D. ABC USE ONLY
Exhibit A
SCOPE OF WORK
Summary:
One of the premier agencies in the Inland Empire, the San Bernardino Police Department is recognized
at the state and national levels for award winning community oriented policing programs. The
Department continually strives in its commitment to the prevention of crime, the identification and
apprehension of those who violate the rights of others, the preservation of peace within the community,
and a safe environment for its citizens. The primary endeavor of the SBPD is to provide the most
efficient and effective use of available resources, in order to afford its residents the most desirable of
municipal police services. The Department is currently in the midst of a reduction in force from a peak
of over 350 sworn officers down to 298 sworn officers by the end of the current fiscal year, 2010/2011.
The Department is currently authorized to field 181 professional staff employees. The City of San
Bernardino encompasses over 59 square miles and is the largest, most populous city within the County
of San Bernardino. Geographically, the city is divided into four District Commands, each staffed with a
police lieutenant and a complement of police officers and professional staff. The District Commands are
responsible for identifying, tracking, and addressing problems within the community.
The Department is divided into three Divisions: Patrol, Investigations, and Administrative Services. The
Investigations division is divided into three Bureaus: General Investigations, Specialized Enforcement,
and Gangs/Violent Crime. The Specialized Enforcement Bureau includes both the Vice and Narcotics
units, as well as oversight for all local, state, and federal joint task force officers. The Vice Unit is
o;;ponsible for the enforcement of ABC related issues throughout the entire city, as well as the
lestigation of vice-related crimes such as prostitution, massage parlors, gambling, and animal fighting.
In addition, the Vice Unit is also involved in the review of all business registrations for on-sale and off-
sale retail outlets.
In 2010, our officers responded to 95,280 calls for police services. A total of 10,592 crime reports were
taken, including 1,625 violent crimes and 8,967 property crimes. There were a total of 12,093 adult
arrests made (9,774 bookings / 2303 citation releases / 16 releases) and 1,154 juvenile arrests (382
bookings / 771 citation releases / 1 release). The most recent Morgan Quitno Awards report listed San
Bernardino as the 24th Most Dangerous city in the country and 4th Most Dangerous city in the state of
California. The CQ Press released a rep0l1 in 2010 listing San Bernardino as the 34th Most Dangerous
city in the country, 5th most dangerous in the state, and most dangerous in the surrounding region. The
next closest city in the region stood at 153 rd, with a crime index score 100 points lower.
Hispanic/Latino (of any race)
Black! African American
Asian
Other
The City of San Bernardino has an estimated population of209,924 people. According to the 2010 US
Census report, the city's population is composed as follows:
San Bernardino S. B. County
60.0% 49.1%
15.0% 8.9%
4.0% 6.3%
28.4% 21.6%
California
37.6%
6.2%
13.0%
17.0%
. 'Jproximately 47% of the housing within the city is Renter-occupied, which is substantially higher than
, national average. The median family income (in 2009 inflation-adjusted dollars) is only $42,173,
compared to the national average of $62,363. The per capita income is only $15,469 compared to the
Exhibit A
SCOPE OF WORK
national average of $27,041. In San Bernardino, 20.7% of families and 26.1% of individuals live below
the poverty level. The U.S. averages are 9.9% and 13.5% respectively. Unemployment in the San
Bernardino metropolitan area is estimated at 13.9%, well above both the national and state averages.
There are currently a total of 357 retail ABC licenses within the city of San Bernardino, including 187
off-sale licenses and 170 on-sale licenses. Based upon ABC calculations, the number of "allowed"
licenses by type are: Off-sale beer and wine (type 20) - 84; Off-sale general (type 21) - 84; On-sale -
105. This is based upon the current population estimate of209,924 and not the previous (2000) recorded
census population of 185,401. This represents the highest number and concentration of ABC licensees of
any city within the County of San Bernardino. It also represents a city-wide oversaturation level for both
on-sale and off-sale ABC licenses.
The San Bernardino Police DepaIiment is seeking ABC GAP Grant funding in the amount of $1 00,000.
These funds would afford the SBPD to create the ABLE (Alcoholic Beverage Licensee Enforcement)
team to address all ABC related issues throughout the city. The funds will be used to fund the salary
equivalent of one full-time officer, dedicated to Alcohol Beverage enforcement throughout the city.
Recent substantial budget cuts have resulted in the gradual curtailment of such enforcement within the
city due to high violent and property crime rates. The ABLE team would be specifically tasked with
addressing the problems of underage drinking and the detrimental impact on quality of life issues
associated with out of compliance alcoholic beverage sales outlet locations. This will be achieved
"rough the implementation of Prevention/Intervention and Suppression efforts.
Problem:
In 2008, the city of San Bernardino recognized the correlation between alcoholic beverage licensed
establishments and quality of life issues in their surrounding neighborhoods. The various city
departments including Development Services, Code Enforcement, the Police Department, and the City
Attorney joined with the San Bernardino County Department of Public Health - Alcohol & Drug Abuse
Prevention Program and the University of California - Riverside to review the current problem and
recommend legislation to address the issues. As a result of the study, the San Bernardino City Council
ultimately passed a Deemed Approved Ordinance pertaining to all off-sale alcoholic beverage locations
throughout the city. Many of the existing licensees were operating without any form of Conditional Use
Permit, and as such had little in the way of operating standards. One of the new requirements is for all
owners and employees involved in the sale of alcoholic beverages to complete an approved Responsible
Beverage Sales course. The City of San Bemardino currently hosts an ongoing series ofRBS/LEAD
courses, given by ABC and the San Bernardino County Department of Public Health, which meets the
new requirement.
Several ABC licensees within the city are responsible for a disproportionate level of police services,
resulting in a distinct and consistent drain on police services. One such location is a Circle K market
located in a reporting district with one of the highest crime rates in the city. In 2010 there were over 418
calls for service at this one location alone. Another such location, a gas station I convenience store was
<oosponsible for over 260 calls for service in the same time period. The majority of the calls at each
:ation are for panhandlers, loiterers, and thefts (often of alcohol by juveniles). These locations clearly
contribute to the quality of life problems for the surrounding community.
Exhibit A
SCOPE OF WORK
Another location, "Stingers Bar and Night Club" currently operates as a bar and night club with live
entertainment, however their current ABC license is a type 47, which limits their activities to that of a
restaurant. The nature of the entertainment at this location frequently sparks fights between rival factions
of gangs, rap groups, and/or tagger crews. Over the course of 20 1 0, there were 244 calls for service
including numerous calls regarding fights involving large crowds. On two occasions, officers responded
to very large fights/disturbances at the location resulting in the need to request assistance from
neighboring law enforcement agencies, and deploy in riot gear to quell the violence. In addition, many
of the fights involved weapons ranging from baseball bats to firearms. On several occasions there were
shots fired in the parking lot, twice resulting in shootings. Recently, the owners have filed paperwork
with the city to expand their allowed occupancy from 293 people to 1000 people.
Over the last year, our department has received information that an on-sale beer and wine licensee
located at a local food court has been selling beer and facilitating the customers' ability to consume the
beer in a separate nearby entertainment venue. Unfortunately, due to staffing and budget concerns, our
officers have been unable to mount an undercover investigation regarding this. Uniformed Patrol
officers have made several unsuccessful attempts to investigate the situation.
According to a recent California Healthy Kids Survey, 55% of teens in San Bernardino acknowledged
that "alcohol is easy to get." During a recent Minor Decoy program in February of2011, SBPD vice
-4'ficers went to eight off-sale licensees and three of the locations sold alcoholic beverages to the minor
erator. In addition, during previous Shoulder Tap operations, a large number of adults were found to
be willing to purchase alcohol for minors.
Proiect Description:
The San Bernardino Police Depa11ment hopes to achieve three primary goals with the proposed
2011/2012 ABC Grant Assistance Program funding: increased public awareness by educating the public
on the problem of underage drinking; a substantial decrease in the availability of alcohol to minors; and
the substantial improvement in the level of compliance by retail alcohol outlets throughout the city.
These goals will be achieved through two overall approaches: Prevention / Intervention and
Suppression.
Prev en ti on/In terven ti on:
. Develop and implement a multi-agency task force concept incorporating personnel from ABC, San
Bernardino County Department of Public Health, San Bernardino City Code Enforcement,
University of California - Riverside, California Board of Equalization, San Bernardino County
Juvenile Probation, and the San Bernardino Fire Department.
. Conduct 6 task force operations targeting ABC licensed premises.
. Develop and implement an ongoing ABC enforcement procedure to be instituted throughout the
department.
. Conduct 6 patrol briefing training sessions, specific to sales to minors, minors attempting to
purchase alcoholic beverages, social gatherings with minors consuming, legal updates, and peace
officer's powers.
. Conduct 2 training sessions to problem oriented policing officers (District Resource Officers).
Exhibit A
SCOPE OF WORK
. Conduct a minimum of 120 IMP ACT inspections, with follow up visits to check on compliance.
. Conduct 6 RBS/LEAD training sessions working in conjunction with the San Bernardino County
Department of Public Health.
. Increase communication and involvement with local community groups and citizen action
committees by meeting with them at least 12 times, including the addition of an ABC enforcement
course in the SBPD Citizen's Police Academy.
. Issue press releases following the completion of every operation to increase public awareness of the
joint efforts to improve upon ABC related issues within the city.
Suppression:
. Conduct at least 12 "Minor Decoy" operations.
. Conduct at least 8 "Shoulder Tap" operations.
. Provide project status updates at the monthly department Crime Briefings, inviting ABC personnel
to attend.
. Conduct 4 Trap Door operations.
. Conduct 4 Cops in Shops operations.
ABLE Team personnel will complete quarterly reports
Project Personnel:
. ne San Bernardino Police Department's Vice unit will be responsible for the implementation ofthe
project and for continuous monitoring and evaluation of the effectiveness of the project. They will
complete all necessary progress reports required under the Grant. The following personnel will carry out
the grant objectives as supported by the proposed budget.
Project Director - Lieutenant H. Ronald Maass has 17 years law enforcement experience (patrol, field
training officer, problem oriented policing trainer, SWAT, investigations, vice/narcotics). He was
directly involved in the creation, drafting, and implementation of the original Deemed Approved
Ordinance for retail alcoholic beverage sales businesses.
Sergeant Robert Young has 19 years of Imv enforcement experience and has been supervising the
Vice/Narcotics unit since 2008.
Officer Jerry Valdivia has 29 years oflaw enforcement experience (patrol, vice, narcotics), with 9 years
assigned to the Vice Unit. He has extensive experience in conducting ABC investigations, including
both Minor Decoy and Shoulder Tap operations. His experience will be instrumental in the creation of
the ABLE team.
Officer Jennifer Fawcett has 8 years of law enforcement experience (patrol, problem oriented policing,
vice, narcotics). She has been assigned to the Vice unit for 18 months and has extensive experience in
undercover operations, including Minor Decoy operations and Shoulder Tap operations.
BUDGET DETAIL
BUDGET CATEGORY AND LINE-ITEM DETAIL
A. Personnel Services (s~r~!ght time sala~i~~?()ye~t!~~,~n~~~Il~~~~) ..
A.1 Straight Time
Police Officer $7,106/mo. 44% @ $85,272
Police Officer $7,106/mo. 44% @ $85,272
A.2 Overtime
A.3 Benefits
Enmloyee BeneJits.:-: Bend! tsestimatedat3 Q%( 42%acJ1-!a.llx$75J80..
TOTAL PERSONNEL SERVICES
~. gp~E~ t!llgE:~penses(f!1~~!f!1~f!1~~,?QQ)
Exhibit B
COST
(Round budget amounts
to nearest dollar)
$37,690
$37,690
$22,615
$97,995
TOTAL OPERATING EXPENSES $0
C. Equipf!1ellt(~~xim um~~,?QQ)
(Attach receipts for all equipment purchases to monthly billing invoice)
TOTAL EQUIPMENT
.... . . !>.!E~y~IE:~p~Il~~t~~gi~~~~~i()Il___!':~~~(~~~_i..~~_f!1~~?QQQ) . .m__m
(Registration fee for July 2011 GAP Conference attendees is $200 each)
Registration for July 2011 GAP Conference - 2 attendees @ $200 each
Travel, per diem, and Lodging for the July GAP Conference
TOTAL TRAVEL EXPENSE
TOTAL BUDGET DETAIL COST, ALL CATEGORIES
$0
$400
$1,600
$2,000
$99,995
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
Vice Lieutenant @ 5% 0 $9,544 $9,544
Vice Sergeant @ 15% 0 $24,419 $24,419
Vice Officer @ 44% $48,997 0 $48,997
Vice Officer @ 44% $48,997 0 $48,997
~ Immunity Service Officer @ 10% $5,056 $5,056
Operating Expenses
"Buy Money" for Programs 0 $2,000 $2,000
HT User Fees 0 $450 $450
Vehicle Operations 0 $3,450 $3,450
Travel/Registration Fees
GAP Conference 2011 $2,000 0 $2,000
Equipment 0 0 0
TOTALS $99,995 $44,919 $144,914
(This form does not become part of the contract)