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NOTICE OF PUBLIC MEETING

PHOENIX CITY COUNCIL PUBLIC SAFETY AND VETERANS SUBCOMMITTEE

Pursuant to A.R.S. Section 38-431.02, notice is hereby given to the members of the PHOENIX CITY COUNCIL PUBLIC SAFETY AND VETERANS SUBCOMMITTEE and to the general public, that the PUBLIC SAFETY AND VETERANS SUBCOMMITTEE will hold a meeting open to the public on April 9, 2014 at 10:00 a.m. located in Phoenix City Hall, Assembly Rooms A, B, C, 200 West Washington Street, Phoenix, Arizona. One or more members may participate via teleconference. Agenda items may be taken out of order. The agenda for the meeting is as follows:

1. Call to Order Chairman Nowakowski

2. Approval of minutes for February 12, 2014 and February 18, 2014.

Subcommittee

3. Call to the Public Chairman Nowakowski

The Subcommittee may vote to discuss item 4 in Executive Session pursuant to A.R.S. Section 38-431.03 (A)(1).

4. DISCUSSION AND CONSIDERATION BY THE SUBCOMMITTEE TO FILL CURRENT JUDICIAL VACANCY ON THE PHOENIX MUNICIPAL BENCH.

A. Interview the candidates for a four-year judicial term:

1. Wilbur Hudson 2. Alicia Lawler 3. James Leonard 4. Anne Phillips 5. Tina Solomon 6. Carrie Withey

Subcommittee Verbal Report Only

5. RECOMMENDATION BY THE SUBCOMMITTEE TO FILL CURRENT JUDICIAL VACANCY ON THE PHOENIX MUNICIPAL BENCH. The Subcommittee will take action to forward the recommendation to fill current judicial vacancy for a four-year judicial term to the full City Council. This item is for Action.

Subcommittee

Items 6-11 are for Consent. No presentations are planned; however staff will be available to answer questions.

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6. FIRE DEPARTMENT INNOVATION AND EFFICIENCY STUDY IMPLEMENTATION UPDATE This report provides a final update to the Public Safety and Veterans Subcommittee on progress made in evaluating and implementing recommendations of the Fire Department Innovation and Efficiency Study completed by Management Partners in 2012. This item is for Information Only.

Kara Kalkbrenner, Acting Fire Chief Page 13

7. AUTHORIZATION TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, HOMELAND SECURITY INVESTIGATIONS FOR POLICE SERVICES This report requests the Public Safety and Veterans Subcommittee recommend City Council approval to enter into a Memorandum of Understanding (MOU) with the U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) for reimbursement of overtime, and other costs associated with participating in these joint operations. This item is for Action.

Daniel V. Garcia, Chief of Police Page17

8. AUTHORIZATION TO ENTER INTO A LETTER OF AGREEMENT WITH THE DRUG ENFORCEMENT ADMINISTRATION FOR POLICE SERVICES This report requests the Public Safety and Veterans Subcommittee recommend to City Council, retroactive approval to enter into a Letter of Agreement (LOA) with the U.S. Department of Justice, Drug Enforcement Administration (DEA) for the Cannabis Eradication Project. This item is for Action.

Daniel V. Garcia, Chief of Police Page 19

9. AUTHORIZATION TO APPLY FOR AND ACCEPT HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) 24 GRANT FUNDS This report requests the Public Safety and Veterans Subcommittee recommend City Council approval to apply for and accept High Intensity Drug Trafficking Area (HIDTA) 24 funds in an amount not to exceed $2,000,000 from the Office of National Drug Control Policy (ONDCP). This item is for Action.

Daniel V. Garcia, Chief of Police Page 21

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10. REQUEST AUTHORIZATION TO AMEND CONTRACT #133007 WITH THE SOUTHWEST BORDER ANTI-MONEY LAUNDERING ALLIANCE This report requests the Public Safety and Veterans Subcommittee recommend to City Council retroactive approval to accept Amendment #1 of the Intergovernmental Agreement (IGA), contract #133007 with the Southwest Border Anti-Money Laundering Alliance (SWBAMLA). This item is for Action.

Daniel V. Garcia, Chief of Police Page 25

11. PROSECUTORS OFFICE’S PROSTITUTION DIVERSION PROGRAM This report requests the Public Safety and Veterans Subcommittee recommend Council authorization for the City Manager, or his designee, to contract with Catholic Charities Community Services, Inc. to provide the Prostitution Diversion Program (PDP) for the period of July 1, 2014 through September 30, 2018 and to disburse the proposed funding of $320,669 for each fiscal year. This item is for Action.

Aaron Carreon-Ainsa, City Prosecutor Page 27

12. WATER SAFETY The purpose of this report is to provide information to the Public Safety and Veterans Subcommittee about water safety programs and drowning prevention efforts from the Phoenix Fire Department (PFD). This item is for Information and Discussion.

Kara Kalkbrenner, Acting Fire Chief Page29

13. METAL THEFT This report provides the Public Safety and Veterans Subcommittee with an update on the effects of newly enacted HB 2262, which was implemented in September 2013 in the State of Arizona. This item is for Information and Discussion.

Daniel V. Garcia, Chief of Police Page 31

14. Future Agenda Items Subcommittee

15. Adjournment Chairman Nowakowski

For further information, please call Corey Williams, Management Assistant, City Manager’s Office at 602-261-8875. Persons paid to lobby on behalf of persons or organizations other than themselves shall register with the City Clerk prior to lobbying or within five

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business days thereafter, and must register annually to continue lobbying. If you have any questions about registration or whether or not you must register, please contact the City Clerk’s Office at 602-262-6811. For reasonable accommodations, call Corey Williams at Voice/602-261-8875 or TTY/602-534-5500 as early as possible to coordinate needed arrangements.

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Phoenix City Council Public Safety and Veterans Subcommittee

Summary Minutes Wednesday, February 12, 2014

1st Floor Atrium Assembly Rooms A, B, and C 200 West Washington Street Phoenix, Arizona Subcommittee Members Present Subcommittee Members Absent Councilman Michael Nowakowski, Chair None Councilwoman Thelda Williams Councilwoman Kate Gallego Councilwoman Laura Pastor Staff Present Staff Present Staff Present Public Present Kevin Kalkbrenner Cheryl Griemsmann Christina DuBois Scott Krushak Jason Harrell Stacy Osborne-Fry Kelly Liebermann Roxanne Song Ong Aaron Carreon-Ainsa DeAnna Jonovich

Kimberly Laman Jill Celaya Don Taylor Stephanie Romero Lisa Takata Penny Parrella Corey Williams Danny Murphy Michael Parra Tony Moya

Daniel Garcia Chris Tucker Tim Hampton Michelle Robison Monica Sandschafer Karen Peters Cassandra Motz Tracey Femenia Thaddis Jackson

Leonard Clark Jeni Parlor James Paar Elizabeth Elkins Amy Griffis Justine Fenwick

1. Call to Order Chairman Nowakowski called the meeting to order at 10:06 a.m.

2. Approval of the minutes from the December 11, 2013 Public Safety and Veterans Subcommittee Meeting. Councilwoman Williams moved to approve the minutes from the December 11, 2013 meeting. Councilwoman Gallego seconded the motion, which passed 4-0.

3. Call to the Public James Paar, resident of Phoenix, reiterated his claim that bus operators were not following federal rules and regulations regarding safety. Mr. Paar noted he witnessed a number of these violations first-hand, and expressed his belief that the City was responsible for bus drivers’ behavior. Chairman Nowakowski asked Michael Parra, Phoenix Police Department Commander, to investigate Mr. Paar’s statements and to prepare a report of his findings for the Subcommittee’s review.

4. Discusssion and Consideration of the Annual Reappointment and Salary of Phoenix Municipal Court Chief Presiding Judge

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Chairman Nowakowski introduced Roxanne Song Ong, Chief Presiding Municipal Court Judge, and asked her to highlight some of the achievements of the court. Judge Song Ong reported the court continued to maintain three award-winning problem-solving courts: the Veterans Court, the Mental Health Court and the Homeless Court. Judge Song Ong stated the Veterans Court transitioned veterans out of the criminal justice system into social service networks that addressed specific problems veterans were struggling with such as mental health, homelessness, or post-traumatic stress syndrome. Judge Song Ong reported the Mental Health Court saved a significant amount of money and time for the City and its employees by bringing mental health physicians into the jail and court to conduct screenings for defendants. Judge Song Ong also reported the Maricopa County Superior Court adopted a model of the City’s Homeless Court, and implemented it in limited jurisdiction, municipal, and justice of the peace courts throughout the county. Judge Song Ong emphasized the fact that all three specialty courts were created at no additional cost to the City, and that their operation would continue to be a source of substantial efficiencies. Judge Song Ong remarked the court was expecting to experience similar long-term savings with the institution of the Domestic Violence Court, the Video-Link pilot program, and the Warrant Clear-Up program.

5. Recommendation of the Reappointment of Chief Presiding Municipla Court Judge for an Annual Term Councilwoman Williams moved to recommend City Council to reappoint Judge Roxanne Song Ong as Chief Presiding Municipal Court Judge for a one year term to expire February 9, 2015, with no increase in salary per Judge Song Ong’s request. Councilwoman Gallego seconded the motion, which passed 4-0.

6. Human Trafficking Task Force Chairman Nowakowski noted the item was for information only, and that there were no presentations from staff or questions from members of the Subcommittee. Leonard Clark, resident of Phoenix, voiced his support for the purpose and mission of the Human Trafficking Task Force. Mr. Clark expressed his concern that some employees of local businesses might be working under conditions similar to indentured servitude. Mr. Clark encouraged the Police Department to develop a strategy to identify and rescue workers who were victims of such crimes.

7. Arizona Criminal Justice Commission for Police Services

8. 2015 Arizona Governor’s Office of Highway Safety (GOHS) Federal Fiscal Year 9. US Department of Justice, Bureau of Justice Assistance FY 2014 Intellectual Property Enforcement Program Grant

Councilwoman Williams moved to approved items 7 through 9. Councilwoman Pastor seconded the motion, which passed 4-0.

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10. NEXTDOOR.COM Daniel Garcia, Phoenix Chief of Police, introduced the item, Justine Fenwick, Nextdoor.com Social Networking Service representative, and Chris Tucker, Police Department Lieutenant. Ms. Fenwick stated Nextdoor.com offered a free place for neighbors to connect with each other online to coordinate block club activities like yard sales, picnics, or Neighborhood Watch programs. Ms. Fenwick indicated Nextdoor.com was unique because the site was private and password protected, did not share personal information with advertisers, required all participants to use his/her real name, and banned household addresses that were listed on the national registry of sex offenders from joining the site. Ms. Fenwick explained the purpose of Nextdoor.com was to build communities that were healthy and vibrant by using technology to strengthen relationships among neighbors. She reported that more than 20,000 neighborhoods were registered on Nextdoor.com across the country, and over 450 of them were located in Phoenix. Ms. Fenwick commented that Nextdoor.com offered departments, such as Police and Emergency Management, the opportunity to create pages and post messages that facilitated direct communication with neighbors and neighborhoods. Ms. Fenwick stressed that City departments did not own, operate or monitor Nextdoor.com. Councilwoman Gallego asked what was done to enable low- income neighborhoods to participate in the program. Ms. Fenwick replied a mobile application was developed for Android phones for people whose access to computers was limited. Councilwoman Gallego inquired how residents typically became aware of the program. Ms. Fenwick stated Nextdoor.com employed Community Action Officers who advertised the program to residents door-to-door. Councilwoman Pastor inquired about Nextdoor.com’s revenue sources. Ms. Fenwick replied Nextdoor.com followed the traditional social media strategy of using advertisements to finance the organization. Councilwoman Williams asked if Council Offices had the ability to post notices or comments to all of the neighborhoods in their districts. Ms. Fenwick responded that Nextdoor.com’s primary purpose was to strengthen connections residents had with their neighbors and neighborhoods. Ms. Fenwick noted it was critical that Nextdoor.com did not appear as if it was sponsored by the goverment; agencies and offices should slowly be integrated onto the site. Leonard Clark remarked Nextdoor.com was an excellent way to allow neighbors to communicate with the Police Department. Lieutenant Tucker reminded the Subcommittee that Nextdoor.com was not a substitute reporting system for emergencies that were traditionally received by 9-1-1 dispatchers. Lieutenant Tucker added that residents should continue to depend

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upon established emergency channels and reporting structures to share information regarding accidents and crime.

11. Electronic Reporting for Secondhand Dealers Chief Garcia introduced the item and Tim Hampton, Police Department Commander. Chief Garcia stated there was a significant increase in the number of reports that were used to identify the property second-hand dealers obtained in Phoenix. Chief Garcia added the department was in the process of making the transition from a manual to an electronic reporting process. Commander Hampton reported the Police Department had begun to implement Coplogic, a free website that allowed second-hand dealers to electronically report any property they acquired to the police. Commander Hampton commented the website was easy to navigate, and that there were a number of ways second-hand dealers could learn to use the site. Commander Hampton stated the department would like to mandate electronic reporting for all second-hand dealers to allow the Police Department to receive and process reports more efficiently, and to conduct more effective property audits and investigations. Commander Hampton noted property crimes represented the overwhelming majority of offenses that were committed in the City, and that five Officers had the responsibility of processing thousands of reports a month. Commander Hampton added that it was critical to equip Officers with the tools they needed to be successful. Councilwoman Williams asked if the Police Department conducted site visits to ensure second-hand dealers were completing accurate reports. Commander Hampton replied site visits were conducted on a monthly basis. Councilwoman Williams questioned if a mandate would apply to establishments that buy gold. Commander Hampton responded the mandate would only regulate second-hand dealers that bought gold. Commander Hampton added that pawn-shops that bought gold already reported property transactions electronically. Chairman Nowakowski asked how the mandate regulated private parties where gold was bought and sold for cash. Chief Garcia explained such parties were illegal. Elizabeth Elkins, Half-Priced Books attorney, listed a number of items second-hand dealers did not have to report such as gold and silver coins, records, furniture, and video games. Ms. Elkins asked if books could be added to the above list because a more formalized reporting process would be very labor intensive, and might discourage people from selling their books due to privacy concerns. Ms. Elkins also stated that books were usually purchased in bundles for less than $50. Leonard Clark asked what back-up system the Police Department used to store the electronic reports it received. Chief Garcia replied Coplogic was supported by a cloud.

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Councilwoman Williams moved to amend the ordinance to mandate electronic reporting for second-hand dealers with the amendment that books were added to the list of items second-dealers were not required to report. Councilwoman Pastor seconded the item, which passed 4-0.

12. Request for Future Agenda Items Councilwoman Gallego requested a briefing concerning the rules and regulations that determined the proximity of smoke shops, as well as stores that sold drug paraphernalia, to schools. Chairman Nowakowski asked if representatives from the Fire Department could brief the Subcommittee on water safety. Danny Murphy, Acting Assistant City Manager, announced the Public Safety and Veterans Subcommittee would meet on Tuesday, February 18, 2014 at 2:00 p.m. to discuss the reappointment of judges. Chairman Nowakowski proposed the development of a Task Force to explore and develop alternative strategies to hire and retain more Police Officers.

13. Adjournment Chairman Nowakowski adjourned the meeting at 11:07 a.m.

Respectfully Submitted, Thaddis Jackson

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Phoenix City Council Public Safety and Veterans Subcommittee

Summary Minutes Wednesday, February 18, 2014

1st Floor Atrium Assembly Rooms A, B, and C 200 West Washington Street Phoenix, Arizona Subcommittee Members Present Subcommittee Members Absent Councilman Michael Nowakowski, Chair None Councilwoman Thelda Williams Councilwoman Kate Gallego Councilwoman Laura Pastor Staff Present Staff Present Public Present David Carter Jack Ballentine Roxann Song Ong Deborah Griffth Monyette Naquist Robert Doyle Kevin Kane Marianne Bayardi Hercules Dellas

Eric Jeffery Michael Hintze Lisa Takata Penny Parrella Corey Williams Danny Murphy Karen Peters Michael Parra Thaddis Jackson

Cassandra Spicer

8. Call to Order Chairman Nowakowski called the meeting to order at 2:02 p.m.

9. Call to the Public There were no speakers for this item.

10. Discussion and Consideration of the Reappointment of Phoenix Municipal Court Judges for a New Four-Year Term Chairman Nowakowski asked each Judge to make a short statement before the Subcommittee. Judge Deborah Griffin stated she was honored to serve on the Veterans Court, which transitioned veterans out of the criminal justice system and into social service networks that addressed problems of homelessness, employment, and health. Judge Griffin stated it was a privilege to witness veterans’ transformation as they progressed through the program. Judge Lori Metcalf stated she had recently become the Co-Chair of the Training Committee, and had transitioned to presiding over a more blended court. Judge

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Metcalf commented that losing the Substance Abuse Screening and Treatment Unit was the greatest challenge of the past year because it increased the Judges’ dependence on outside professionals to evaluate defendants. Judge Monyette Naquist stated the move from presiding over arraignments to jury trials was a significant change, but one that provided the opportunity to gain a larger perspective of the entire court system. Judge Naquist noted that efficiency was one of the principal values of the court, and that she worked to embody that ideal every day. Judge Robert Doyle stated that presiding over the Mental Health Court provided the opportunity to develop more patience. Judge Doyle observed that he was learning to be more sensitive to the needs of defendants, and noted the environment of the courtroom could have a strong influence on a person’s behavior. Judge Doyle recognized the support and encouragement he received from his colleagues. Judge Kevin Kane stated self-reflection was critical to his professionalism because it enabled him to be fair, and to treat everyone in his court with dignity and respect. Judge Marianne Bayardi stated that serving on the Probation Subcommittee, the Judicial Policies and Procedures Committee, and the Training Committee had exceeded all of her expectations. Judge Bayardi commented that she welcomed the challenge of balancing administrative and courtroom responsibilities. Judge Hercules Dellas stated he worked to achieve outcomes that protected the most vulnerable populations in the City through fairness and respect. He acknowledged the expertise of his colleagues, and commented that he placed great value on the time he had to confer with them. Judge Dellas noted he attempted to impress upon every defendant the importance of learning from past behavior, and recognizing that conflict could be resolved without resorting to violence. Judge Michael Hintze stated he wanted to express his gratitude and appreciation for his staff, and all of the support he received from his colleagues. He observed that everyone at the court worked together as a family, and that he was excited about the future of the court system. Judge Eric Jeffery stated he was excited about the establishment of the Veterans and Mental Health Court because they served residents needs more effectively. Judge Jeffery noted that the Phoenix Municipal Court exceeded all of the state-mandated standards for limited jurisdiction courts in the every category.

11. Recommendation of the Reappointment of Phoenix Municipal Court Judges for a New Four-Year Term Councilwoman Williams moved to forward the recommendations for Judges Deborah Griffin, Lori Metcalf, Monyette Naquist, Robert Doyle, Kevin Kane, Mariana Bayardi, Hercules Dellas, Michael Hintze, and Eric Jefferery for new four-year judicial terms to the full City Council. Councilwoman Pastor seconded the motion, which passed 4-0.

12. Adjournment

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Chairman Nowakowski adjourned the meeting at 3:15 p.m.

Respectfully Submitted, Thaddis Jackson

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Public Safety and Veterans Subcommittee, April 9, 2014, Item 6

CITY COUNCIL REPORT

TO: Lisa Takata Deputy City Manager

FROM: Kara Kalkbrenner Acting Fire Chief

SUBJECT: FIRE DEPARTMENT INNOVATION AND EFFICIENCY STUDY

IMPLEMENTATION UPDATE This report provides a final update to the Public Safety and Veterans Subcommittee on progress made in evaluating and implementing recommendations of the Fire Department Innovation and Efficiency Study completed by Management Partners in 2012. THE ISSUE Over the past three and a half years, the Fire Department has been actively working to research and implement processes that result in more efficient delivery of services while maximizing the use of limited taxpayer dollars. Management Partners made 50 recommendations for improving service and reducing costs in the Fire Department. OTHER INFORMATION Management Partners, a consulting company competitively selected to identify efficiencies throughout the organization, submitted recommendations to the Fire Department for consideration and/or implementation. Since the report was completed and presented to City Council in April 2012, the Fire Department has taken the following actions related to the report’s recommendations:

Modified purchasing methods

Leveraged discount pricing by buying in bulk

Streamlined the review, approval and inspection processes for home builders and commercial building developers

Appointed a civilian to the position of Fire Marshal

Increased communications with Public Works Fleet Management

Prepared to dispose of excess facilities The report’s recommendations related to staffing, organization, and technology issues. Each recommendation has been addressed by the department: 32 have been implemented, three are in progress, nine were considered but found not to be practical to implement, and six are applicable to other departments. The Fire Department will continue to evaluate its structure, policies, programs and priorities to ensure that modifications are made to stay in sync with funding availability, public needs, and technological advances.

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RECOMMENDATION This report is for information only. Attachment

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Public Safety and Veterans Subcommittee, April 9, 2014, Item 7

CITY COUNCIL REPORT

TO: Danny Murphy

Acting Assistant City Manager

FROM: Daniel V. Garcia

Chief of Police

SUBJECT: AUTHORIZATION TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, HOMELAND SECURITY INVESTIGATIONS FOR POLICE SERVICES

This report requests the Public Safety and Veterans Subcommittee recommend City Council approval to enter into a Memorandum of Understanding (MOU) with the U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) for reimbursement of overtime, and other costs associated with participating in these joint operations. Maximum reimbursement is $15,000 per officer, per year, not to exceed $700,000. The effective funding date is when the agreement is signed by both parties and remains in force unless explicitly terminated in writing by either party. THE ISSUE The Phoenix Police Department (PPD) has participated in ICE/HSI initiated investigations of federal offenses for several years. The last reimbursement agreement the City of Phoenix had with ICE/HSI was established in 2008 and has since expired. This new agreement will allow for reimbursement of overtime, and investigative expenses; such as travel, training and other similar costs for Phoenix officers who provide necessary manpower to assist in the federal investigations occurring in the Phoenix area. Investigations that Phoenix police officers have participated in through this MOU have been focused on documented gang members who are involved in violent or drug-related crimes. Fringe benefits associated with the overtime are not reimbursable. RECOMMENDATION Staff recommends Public Safety and Veterans Subcommittee recommend City Council approval to enter into a Memorandum of Understanding (MOU) with the U.S. Immigration and Customs Enforcement, Homeland Security Investigations for reimbursement of personnel costs associated with providing assistance on ICE/HSI-related federally initiated operations and task forces. Cost to the City is the fringe benefits associated with overtime expenditures. Impact is citywide.

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Public Safety and Veterans Subcommittee, April 9, 2014, Item 8

CITY COUNCIL REPORT

TO: Danny Murphy

Acting Assistant City Manager

FROM: Daniel V. Garcia

Chief of Police

SUBJECT: AUTHORIZATION TO ENTER INTO A LETTER OF AGREEMENT WITH THE DRUG ENFORCEMENT ADMINISTRATION FOR POLICE SERVICES

This report requests the Public Safety and Veterans Subcommittee recommend to City Council, retroactive approval to enter into a Letter of Agreement (LOA) with the U.S. Department of Justice, Drug Enforcement Administration (DEA) for the Cannabis Eradication Project. The funding amount for this LOA is $28,000. This report also requests authorization to accept any additional DEA funds should they become available during the funding period, not to exceed $150,000. The funding period for this agreement is January 1, 2014 through December 31, 2014. THE ISSUE This is an annual agreement the Phoenix Police Department enters into with DEA. Funding will continue to support and reimburse the Police Department for supplies and overtime incurred as a result of investigations specifically targeting marijuana eradication. The purpose of this program is to focus on disrupting the illicit drug traffic in the State of Arizona by gathering and reporting intelligence data relating to the illicit cultivation, possession and distribution of marijuana. The task force will investigate and report instances involving the trafficking of marijuana, and provide law enforcement personnel for the eradication of illicit cannabis. Retroactive approval is requested because the LOA from DEA was not received until March 10, 2014. The agreement funding period is January 1, 2014 through December 31, 2014. The agreement does not include reimbursement for fringe benefits. RECOMMENDATION Staff requests the Public Safety and Veterans Subcommittee recommend to City Council retroactive approval to enter into an agreement with the U.S. Department of Justice, Drug Enforcement Administration (DEA) for police services. Cost to the city is the fringe benefits associated with overtime expenditures. Impact is citywide.

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Public Safety and Veterans Subcommittee, April 9, 2014, Item 9

CITY COUNCIL REPORT

TO: Danny Murphy

Acting Assistant City Manager

FROM: Daniel V. Garcia

Chief of Police

SUBJECT: AUTHORIZATION TO APPLY FOR AND ACCEPT HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) 24 GRANT FUNDS

This report requests the Public Safety and Veterans Subcommittee recommend City Council approval to apply for and accept High Intensity Drug Trafficking Area (HIDTA) 24 funds in an amount not to exceed $2,000,000 from the Office of National Drug Control Policy (ONDCP). The deadline to submit an application has not yet been announced, but is expected to be in April 2014. If awarded, the funding period is anticipated to be from January 1, 2014, through December 31, 2015. THE ISSUE Historically, HIDTA funds are used to continue support and enhancement of the Police Department’s Drug Enforcement Bureau’s Investigations and Street Enforcement Units during complex narcotics distribution enterprise investigations in the Phoenix area and throughout Arizona. These complex investigations, including Title III investigations, usually involve partnerships with other local, state, and federal law enforcement agencies and are normally conducted from the Maricopa County HIDTA Center. The investigations aim to identify and disrupt drug organizations responsible for distributing drugs into the Phoenix area and throughout the United States. Most of the investigations have connections to the Mexican and Columbian drug cartels. OTHER INFORMATION The method through which the Police Department requests funding from ONDCP is very different from the normal grant process and can come from three distinct funding mechanisms. The first type of funding mechanism occurs through the Police Department’s involvement in one of three initiatives; the Maricopa County Drug Suppression Task Force (MCDST), the Metro Intelligence Support and Technical Investigative Center (MISTIC) Task Force, and the AZ Region Support (ARS).

The first initiative is the MCDST Task Force, and the funding supports personnel expenses associated with individuals assigned to this task force. Personnel costs include the salary, overtime, and related fringe benefits for one sergeant position, as well as overtime and related fringe benefits for two detective positions. Grant-funds only pay for approximately 6 or 7 months of the salary and related fringe benefit costs for the sergeant position. The remaining portion is paid from funds in the general fund budget. The Police Department has

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requested supplemental funds to cover the remaining portion of the Sergeant’s salary; however, it is not currently known if the request will be granted.

The second initiative is the MISTIC Task Force, and the funding supports the Police Department’s continued participation in this task force. Working with the Drug Enforcement Administration, the MISTIC Task Force targets sophisticated drug trafficking organizations and provides technical investigative assistance to other law enforcement agencies. Funding provides for investigative overtime, travel, and operational services to support complex drug investigations.

The third initiative is the ARS, which was created in 2012 to support the operational costs of the Maricopa HIDTA Center. This is an off-site facility that houses the Maricopa County HIDTA Task Forces. Funding provides for rent, electricity, and custodial expenses for the Maricopa HIDTA Center and personnel costs including salary, overtime, standby, and related fringe benefits for one sergeant position.

The second type of funding mechanism occurs throughout the funding cycle when the Police Department requests Title III supplemental grant funding to support complex investigations. Funding is provided on a case-by-case basis, requiring separate funding estimates and presentations to the HIDTA Executive Board for each investigation. The investigations develop rapidly and do not allow adequate time to request City Council approval prior to requesting Title III supplemental funding. Title III investigations are designed to dismantle complex drug organizations and are conducted in partnership with various municipal, state, and federal law enforcement agencies. The funds are also used to reimburse assisting law enforcement agencies with expenses; the Phoenix Police Department serves as the financial pass-through agency. The third type of funding mechanism occurs through the HIDTA supplemental budget requests. This occurs when HIDTA receives additional funds from Congressional appropriations, or when other HIDTA task forces return unexpended funds. This type of funding could occur at any time during the funding cycle, and may include money from previous federal fiscal years, which is usually directed to the Police Department on very short notice. The Arizona Alliance Planning Committee HIDTA Executive Board makes all HIDTA funding decisions. Except for the City’s original grant application, the HIDTA process does not allow sufficient time for normal grant procedures to be followed by the Police Department. The Police Department is requesting approval to accept funds through any of the three funding mechanisms described above. RECOMMENDATION Staff requests the Public Safety and Veterans Subcommittee recommend City Council approval to apply for and accept HIDTA 24 funds, if/when funding is made available, from ONDCP in an amount not to exceed $2,000,000. The grant does not require a cash or in-kind match; however, due to increased costs for wages and benefits, the Police Department has been paying for more of the costs associated with the sergeant position assigned to the MCDST Task Force.

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Impact will be citywide.

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Public Safety and Veterans Subcommittee, April 9, 2014, Item 10

CITY COUNCIL REPORT

TO: Danny Murphy

Acting Assistant City Manager

FROM: Daniel V. Garcia

Chief of Police

SUBJECT: REQUEST AUTHORIZATION TO AMEND CONTRACT #133007 WITH THE SOUTHWEST BORDER ANTI-MONEY LAUNDERING ALLIANCE

This report requests the Public Safety and Veterans Subcommittee recommend to City Council retroactive approval to accept Amendment #1 of the Intergovernmental Agreement (IGA), contract #133007 with the Southwest Border Anti-Money Laundering Alliance (SWBAMLA). Amendment #1 provides additional funding in an amount not to exceed $2.4 million and extends the contract end date from August 31, 2013 to December 31, 2015, to reimburse salaries and fringe benefits of staff assigned to SWBAMLA. THE ISSUE The SWBAMLA is one component of an anti-money laundering program that Western Union Financial Services, Inc. agreed to finance in a February 2010 settlement agreement with the Arizona Attorney General’s Office. The Phoenix Police Department is a member of the SWBAMLA with Chief of Police, Daniel V. Garcia assigned as an Executive Board member. The mission of the SWBAMLA is to reduce money laundering and the violence associated with smuggling organizations operating in the southwest border area by establishing collaborative relationships and permanent processes. The original contract was approved by City Council in February 2011. The funding period specified in the original agreement was from June 1, 2011 through August 31, 2013. OTHER INFORMATION Under the provisions of Amendment #1, the SWBAMLA will reimburse the Phoenix Police Department up to $1,221,514 for the actual costs of salaries and fringe benefits for Phoenix Police Department staff assigned to provide assistance to the SWBAMLA in accordance with the provisions of the agreement. In addition, the SWBAMLA will reimburse the Police Department, upon invoices, up to $50,000 annually for the additional expenses including overtime, travel costs, and other related expenses for the contract period. The SWBAMLA also has the discretion to reimburse the Phoenix Police Department up to an additional $1,000,000 to be used for enhancing and better coordinating investigations and prosecutions of money laundering in the Southwest Border Area (SWBA) and other areas affected by money laundering in the SWBA, with the goal of reducing money laundering and thereby reducing violence associated with smuggling organizations operating in that area.

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RECOMMENDATION Staff requests the Public Safety and Veterans Subcommittee recommend to City Council retroactive approval to accept Amendment 1 of the IGA, contract #133007 with the SWBAMLA to accept additional funding in an amount not to exceed $2.4 million for police services and to extend the contract end date from August 31, 2013 to December 31, 2015. No cash match is required. Cost to the City is in-kind resources only. Impact is citywide.

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Public Safety and Veterans Subcommittee, April 9, 2014, Item 11

CITY COUNCIL REPORT

TO: Ed Zuercher

City Manager

FROM: Aarón J. Carreón-Aínsa

City Prosecutor

SUBJECT: PROSECUTORS OFFICE’S PROSTITUTION DIVERSION PROGRAM

This report requests the Public Safety and Veterans Subcommittee recommend Council authorization for the City Manager, or his designee, to contract with Catholic Charities Community Services, Inc. to provide the Prostitution Diversion Program (PDP) for the period of July 1, 2014 through September 30, 2018 and to disburse the proposed funding of $320,669 for each fiscal year. The contract would be contingent on the appropriation of funding each fiscal year. THE ISSUE In February 2014, the City solicited proposals for the Prostitution Diversion Program (PDP). Even though only Catholic Charities Community Services, Inc., responded to the RFP, it is highly qualified to continue to provide services to this population. The Evaluation Committee recommended Catholic Charities Community Services, Inc. to continue to provide the program. Some of the strengths of the proposal noted by the Committee include: 1. It is a comprehensive evidence-based program that is effective with the population

served. A recent recidivism study reflected an 86% success rate of those completing the program.

2. The program has a mentor/role-model approach employing survivors of prostitution.

The staff is skilled and dedicated to their work. 3. Catholic Charities Community Services, Inc. proposal includes collaboration with the

Phoenix Police Department and the City of Phoenix Prosecutor’s Office. 4. The location of the proposed program is very accessible to the participants. It is on

the light rail and other public transit routes. 5. Catholic Charities Community Services, Inc. will have a job developer work part-

time, 15 hours a week, to implement an eight-week curriculum for job readiness. OTHER INFORMATION The Prosecutor’s Prostitution Diversion Program provides and monitors rehabilitation services for participants focusing on support, education, and treatment for those who

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have been trapped within the life of prostitution. The offender and the community both benefit when the offender is rehabilitated. The City benefits through jail cost savings. Under P.C.C. § 23-52 Prostitution, a person convicted of a misdemeanor prostitution charge faces the following mandatory sentences:

PROSTITUTION OFFENSE MANDATORY SENTENCE

PER P.C.C. § 23-52

First Offense 15 consecutive days jail

Second Offense 30 consecutive days jail

Third Offense 60 consecutive days jail and a mandatory education or treatment program

A person faces the following mandatory sentence for a felony prostitution charge:

PROSTITUTION OFFENSE MANDATORY SENTENCE

PER A.R.S. § 13-3214

Fourth Offense 180 consecutive days jail

During the last three fiscal years of the current contract, the City saved $523,282 in jail costs. These savings provide funding for the rehabilitation of offenders. These savings do not include the costs that would have been incurred by the Prosecutor’s Office, the Municipal Court, and the Police Department to prosecute these cases. It should be noted that these savings do not include the cost of the defendants continuing to commit crime. Nor do they quantify the value of the participants returning to society as productive members. RECOMMENDATION Staff requests the Public Safety and Veterans Subcommittee recommend Council authorization for the City Manager, or his designee, to contract with Catholic Charities Community Services, Inc. to provide the Prostitution Diversion Program (PDP) for the period of July 1, 2014 through September 30, 2018 and to disburse the proposed funding of $320,669 for each fiscal year. The contract would be contingent on the appropriation of funding each fiscal year.

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Public Safety and Veterans Subcommittee, April 9, 2014, Item 12

CITY COUNCIL REPORT

TO: Lisa Takata

Deputy City Manager

FROM: Kara Kalkbrenner

Acting Fire Chief

SUBJECT: Phoenix Fire Department – Water Safety

The purpose of this report is to provide information to the Public Safety and Veterans Subcommittee about water safety programs and drowning prevention efforts from the Phoenix Fire Department (PFD). THE ISSUE Throughout the year PFD encourages the public to prevent water-related tragedies by teaching water safety in our schools, communicating safety messages through news media and social media, as well as at participating in inter-agency community safety events. Water safety programs and drowning prevention efforts are intended to prevent drownings and near-drownings. Drowning is a serious problem in Phoenix, in part because of the large number of swimming pools. Home pools are the major drowning site for many young children. Other sites that can be hazardous include bathtubs, toilets, 5-gallon buckets, irrigation ditches, canals, rivers, ponds and lakes. Last year in Phoenix, 40 children under the age of 18 were involved in water related incidents. Sadly, four did not survive. Many more suffered life-long brain damage and other deficits, causing emotional and financial stress to the families. PFD proactively promotes drowning prevention by partnering with other agencies at community events such as the Itty Bitty Beach Parties at City of Phoenix Pools, Council-sponsored Verano Sano Water Safety events, and Water Safety Day, where students from around the Valley participate in hands-on lessons and safety event. News media outlets such as Radio La Campesina provide coverage to these events, allowing a wider audience to be reached with these important safety messages. Should there be a pediatric water-related fatality, Phoenix Firefighters immediately canvas the neighborhood with water safety information in a WAVE Walk (Water Awareness Vigilance and Education) along with volunteers from City of Phoenix Aquatics and the Phoenix Police Department, SRP, the Drowning Prevention Coalition of Arizona, Maricopa County Safe Kids and students from the Paradise Valley/Phoenix College Fire Academy. The media attention allows the message to be sent to tens of thousands households.

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The United Phoenix Firefighters Association, through the Adopt-A-Fence Program, has installed over 900 self-locking, self-latching pool fences over the last 12 years for families who cannot afford a pool fence. This program is funded through grants and fundraising. The message remains the same: constant adult supervision and multiple barriers between children and bodies of water save lives and prevent drownings. The public is encouraged to learn CPR and to consider enrolling their child(ren) in swim classes through the Phoenix Aquatics Section and other agencies. PFD re-enforces the Phoenix Aquatics Section’s message to provide personal floatation devices to children at swimming events. No child should be considered “water-safe” even if they know how to swim. Childhood drowning incidents are preventable. The most common remark heard by firefighters from an adult is, “I only turned my back for a few seconds.” It only takes a few seconds for a child to drown, and drowning is a silent event. The most frequent cause of pediatric drowning occurs when an adult is distracted and leaves a child unat-tended near water, or when a child gets past an unlocked or unsecured gate. Adults and older children are also at risk at lakes, ponds, and irrigation canals. Children should be told of the danger posed by canals and irrigation ditches. Although the water may look inviting on a hot, summer day, it is cold and may cause panic. There are only sporadic ladders in the canals, which makes escape difficult. The force of water in an irrigation ditch can force the victim against a storm grate, which may result in injury or death. Adults should take an active role in drowning prevention. Beginning in the third grade, children can also be made aware of the basic rules of water safety. Drowning prevention tips include:

1. Place appropriate self-closing, self-latching fencing around a pool. 2. Constantly supervise children involved in water play. 3. Keep gates locked on the pool perimeter when the pool is not in use. 4. Keep chairs, ladders, tables, and any other items which can be used to climb on,

away from pool fences. 5. Do not allow children to play around pool areas. 6. Keep toys away from the pool. Install lifesaving flotation devices near the pool. 7. Post a 9-1-1 sticker on the phone and keep a phone near the pool area. 8. Never leave children unattended, or to answer the telephone or the front door. 9. Have children leave the pool area if you have to leave the area for any reason. 10. Keep doors leading from the residence to the pool area secured at all times. 11. Consider investment in a structural pool cover (i.e., that can be walked on without

danger of collapse). 12. Learn CPR. 13. Enroll children in swim lessons.

RECOMMENDATION This item is for information only.

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Public Safety and Veterans Subcommittee, April 9, 2014, Item 13

CITY COUNCIL REPORT

TO: Danny Murphy

Acting Assistant City Manager

FROM: Daniel V. Garcia

Chief of Police

SUBJECT: METAL THEFT UPDATE

This report provides the Public Safety and Veterans Subcommittee with an update on the effects of newly enacted HB 2262, which was implemented in September 2013 in the State of Arizona.

THE ISSUE The Arizona State Legislature passed HB2262, which was signed into law by Governor Brewer on September 13, 2013. This new law amends Arizona Revised Statutes (A.R.S.) 44-1641 and 44-1642 which pertain to scrap metal dealers and registration, and adds several new sections that regulate scrap metal dealers throughout the State of Arizona.

OTHER INFORMATION Highlights of HB2262 HB 2262 requires scrap metal yards to register online with the Department of Public Safety (DPS). This registration will identify the location of the business and contain the owner’s personal identifying information along with copies of their driver’s license. Once registered, the scrap yard will be issued proof of registration which must be displayed at the scrap yard and will be valid for two years. The applicant must also provide a signed affidavit of compliance with the applicable laws. If the scrap yard is not in compliance, law enforcement will issue a notice of violation and conduct an inspection fifteen days later. Several penalties may occur if the scrap yard is not in compliance, to include civil fines up to $1,000, and suspension or revocation of the business license by licensing jurisdictions. According to a recent report from DPS most scrap dealers have complied with this requirement. Detectives from PPD have conducted numerous compliance checks on several scrap metal operations finding that most were conforming to the new statute. PPD detectives have found the registration requirement as an effective tool to determine legitimate yards from illegal ones. The new sections added through HB2262 increases police capacity to regulate scrap metal dealers, which will assist law enforcement officers and prosecutors, and serve to proactively deter the crime of metal theft. Law enforcement agencies in the State, along with registered scrap yards are required to register on a free theft notification website (LeadsOnLine), which is maintained by DPS. This will permit both law enforcement and scrap yards to post photographs and list descriptions of suspicious and stolen material,

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enabling collaboration in identifying suspects who are trafficking in stolen property. Since implementation of this statute, there have been multiple success stories to validate the statute. The amendments also require all scrap metal transactions be submitted to the statewide metal theft database, whereas previously only transactions above $25 were required. Further, transactions involving air-conditioning condenser coils will be paid by mailing a check to the seller’s address, or the industrial account registered address. The purpose behind this amendment is to reduce theft of condenser coils by controlling immediate payment to the seller. Finally, the prohibited scrap metal transaction statute is classified as a class 1 misdemeanor holding the scrap metal industry accountable for its actions. Implications of HB2262 for the City of Phoenix This legislation eliminates the licensing component of scrap metal dealers for the City of Phoenix; however, it will not adversely impact enforcement activities performed by the Police Department. Currently, new legislation is being created under HB2268 to permit the City of Phoenix to re-assume licensing authority for the scrap metal industry for dealers residing in the City. City Legal is working out the details. Education The Phoenix Police Department is facilitating a Metal Theft Symposium on April 11, 2014 in Phoenix. The Phoenix Police Department along with other law enforcement agencies and members from the scrap metal industry have been working collaboratively for approximately one year to resolve issues and challenges relating to metal theft and managerial control of scrap yards. Phoenix Police will be co-hosting this symposium employing the expertise from multiple law enforcement agencies, subject experts from the scrap metal industry, APS, and LeadsOnLine and Scrap Theft Alert (websites committed to metal theft). It is expected the symposium will provide significant and relative education and training to participants. RECOMMENDATION: This report is for information only.