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HomeMy WebLinkAbout06 - ABC Liaison Officer Program with NBPDCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 June 24, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: POLICE DEPARTMENT Craig Frizzell, Lieutenant, 949 644 -3790, cfrizzell @nbpd.org John Klein, Chief of Police, 949 644 -3701, jklein @nbpd.org SUBJECT: ACCEPTANCE OF THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 2008/2009 GRANT ASSISTANCE PROGRAM GRANT TO ESTABLISH AN ABC LIAISON OFFICER PROGRAM WITHIN THE POLICE DEPARTMENT RECOMMENDATION: Accept the California Department of Alcoholic Beverage Control (ABC) 2008/2009 Grant Assistance Program (GAP) Grant Award in the total amount of $100,000 to establish an ABC Liaison Officer position within the Police Department. 2. Authorize the Administrative Services Director to establish revenue and expenditure accounts in the Capital Improvement Budget to facilitate the administration of these funds. 3. Approve the attached Resolution, accepting the GAP Grant Award on behalf of the City. DISCUSSION: Background: There are currently 308 ABC licensed establishments in the City of Newport Beach. Of those, there are 263 "On Sale" general licenses with 45 licenses issued as "Off Sale." In 2007, the Newport Beach Police Department made a total of 3,690 arrests. Of those arrests, 1,471 were alcohol related, with 532 of them for DUI and 932 for public intoxication. Due to the issues surrounding alcohol sales and consumption, the Police Department has formed a close working relationship the ABC. We have worked with the ABC in the licensing and maintenance of ABC licensed businesses operating within the City. During the summer of 2007, Police Department Vice ABC Program Grant June 24, 2008 Page 2 Detectives assisted ABC Investigators with a "Minor Decoy Operation" at Off Sale establishments, which netted six citations for sales to minors. For the last two years, we have held meetings and provided training to several of our retail alcohol outlets that have been the subject of a high level of police activity and calls for service. We enlisted ABC personnel as well as City staff in these endeavors (City Business Licensing and Code Enforcement, along with Police Department personnel). In addition, we have worked in collaboration with the ABC and hosted Licensee Education on Drugs and Alcohol (LEAD) training to employees of Newport Beach retail alcohol outlets. Historically, responsibilities associated with ABC matters are handled by a variety of staff members within the Police Department. The majority of these duties are the responsibility of our two Vice and Intelligence Investigators. With their caseloads and other responsibilities related to non -ABC issues, these ABC responsibilities are occasionally interrupted or delayed by other investigations or assignments. The Sergeant of the Special Investigations Unit, who supervises the Vice and Intelligence Unit, works closely with the two assigned Investigators and spends much of his time assisting with ABC issues, taking away time from supervising the Narcotics Unit. The Detective Services Commander (lieutenant's position) is often called upon to assist in related issues, also taking time away from other responsibilities. The Investigative Assistant, a Community Services Officer assigned to the Detective Division, is often called upon to assist in the scheduling of meetings, preparing correspondences, etc, that are related to ABC issues. This Investigative Assistant is primarily responsible for massage testing, licensing, and maintenance of the 60 licensed massage establishments and 240 Operator/Technician permits currently in the City. The Department also has a Sergeant assigned to the Traffic Division who is responsible for collaborating with other City staff and the ABC relative to processing the numerous special event permits which occur in our City, including weddings, corporate parties, or larger events, such as the annual 'Taste of Newport." On occasion, it has been necessary for this Sergeant to call upon the Traffic Services Commander (lieutenant's position) to assist with some of the more problematic applications. On a number of recent occasions, the Traffic Division Sergeant and Lieutenant have had to confer with the Vice and Intelligence Unit (and others) on ABC - related matters. During the summer of 2007, a team comprised of four officers was assigned to patrol check, liaison, and investigate bar - related issues at the direction of a Patrol Lieutenant. These officers had been assigned to the Bike Unit, but due to issues occurring in some of the retail alcohol outlets, the Department determined it was necessary to assign a team of uniformed officers to address these problems on a sustained basis. Although the Bike Unit officers have returned to their normal duties, ABC Program Grant June 24, 2008 Page 3 the Department has increased its efforts on issues surrounding the circumstances resulting from the high concentration of retail alcohol outlets in our City. This group of officers demonstrated a balanced approach in their enforcement posture while at the same time providing quality service to our business and residential community. Our Vice and Intelligence Investigators currently meet as needed with various other City Departments, such as the City Attorney's Office, Fire Department, Planning Department, and Code Enforcement in Development Review Committee (DRC) meetings. A Bar /Restaurant Working Group was also recently formulated to focus on the more problematic retail alcohol outlets. With increased awareness and responses to the issues we face, numerous other Department personnel have been taxed with collateral issues relative to these alcohol issues and problems. Over the last two years there have been several retail alcohol outlets that were brought before the Planning Commission and City Council on matters concerning violations of their Conditional Use Permits. These hearings require a tremendous amount of staff time from a variety of Police Department personnel. Due to the increased level of work relative to our retail alcohol outlets, special event permits, and collateral issues, that currently involve numerous staff members, and in an attempt to streamline the manner in which the Police Department handles these responsibilities, we applied for a Grant offered by The California Department of Alcoholic Beverage Control. The Grant is under the State's Grant Assistance Program (GAP) in the amount of $100,000 per fiscal year, per agency selected. We were recently informed by the ABC that the Newport Beach Police Department is one of two Orange County law enforcement agencies that will be recipients of the 200812009 GAP Grant, which will allow the Department to establish an ABC Liaison Officer position, using existing personnel, to solely handle ABC - related issues. Proposal This is not a request to add any additional personnel to our Department. Our intent is to utilize this grant to partially fund training and salary for a currently employed sworn police officer to handle all ABC - related matters. This would enable our Department and the ABC to more easily manage those matters related to our retail alcohol outlets, thus improving our level of oversight and service to the community. This Liaison Officer would be responsible for: • Acting as a liaison with ABC personnel and coordinating the reporting of all crimes and arrests, which involve ABC licensed establishments. • Being the point - person for all ABC - related communication and training involving the business community. ABC Program Grant June 24, 2008 Page 4 • Handling the licensing of new retail alcohol establishments, the Conditional Use Permit process with City staff, and any related ABC matters which do not require the need for an undercover investigator. This will include the City's Special Event Process where events will involve alcohol sales/consumption. • Conducting and implementing several proven ABC techniques for the reduction of alcohol consumption by, and sales to, minors. This would include the "Minor Decoy" and "Shoulder Tap" programs. To that end, the Officer will be responsible for six "Shoulder Tap" and six "Minor Decoy" operations during the time period of July 1, 2008, through June 30, 2009. • Directing undercover investigations into bars and /or restaurants based on statistics, crime reports, and other gathered intelligence. As part of the measurable goal, the officer will, along with the Orange County Health Agency "ADEPT" team, identify the "location of last drink" for DUI and "Drunk in Public" offenders in order to identify those locations where "over- serving" is an issue. To that end, Police Department Investigators will conduct and perform a minimum of six undercover investigations into these identified locations. • Expanding the "LEAD" training program for servers with one session per quarter, for a total of four, during the listed timeframe, to be held in a City facility. • Facilitating media campaigns reference DUI education, including DUI checkpoints and saturation patrols. Conducting monthly training for uniformed patrol officers, along with ABC personnel, regarding enforcement, bar checks, and related issues, as well as any other programs identified at a later time. Personnel from various Divisions within the Police Department share the common goal of providing public safety and a quality environment for residents and visitors alike. As detailed in this report, the City, and specifically the Police Department, has historically spent an inordinate amount of staff time with overlapping responsibilities, or even a duplication of effort dealing with the staggering amount of alcohol related issues occurring in our City. By accepting this Grant and establishing a Program with a very specific set of responsibilities, we will be able to better serve the Community by centralizing the workload and improve the flow of information, while improving our timeliness in responding to problems related to our retail alcohol outlets. It is anticipated that the proposed ABC Liaison Officer's position will be successful, and the Police Department is prepared to reapply for ABC Grant funding for an additional fiscal year (FY09 110). ABC Program Grant June 24, 2008 Page 5 Funding Availability: The California Department of Alcoholic Beverage Control, 2008/2009 Grant Assistance Program (GAP) Grant ($100,000). No matching funds are required for this grant. Submitted by: ��- -7 J aig� izzell, Lieutenant etec ive Services Commander Attachment: Resolution Approved by: Jo n Klein CHIEF OF POLICE RESOLUTION NO. 2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE CITY MANAGER AND CHIEF OF POLICE TO ACT AS "AUTHORIZED AGENTS" TO EXECUTE THE NECESSARY DOCUMENTS RELATING TO THE FY 2008/2009 CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL GAP GRANT PROGRAM. WHEREAS, the City of Newport Beach desires to undertake a certain project designated as ABC Liaison Officer 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 as follows by the City Council of the City of Newport Beach: Section 1. Authorize the City Manager and Police Chief to act as Authorized Agents with the authority to sign documents as they relate to the FY 200812009 California Department of Alcoholic Beverage Control GAP Grant. BE IT FURTHER RESOLVED that grant funds received hereafter 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 Newport Beach. ADOPTED this day of , 2008. Edward Selich, Mayor ATTEST: LaVonne Harkless, City Clerk