HomeMy WebLinkAboutPD Alcohol Compliance Check OperationsAgenda Item No: 11
Meeting Date: April 20, 2009
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Police
Prepared by: Alan Piombo, Lieutenant City Manager Approval:
SUBJECT: A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING USE OF
BAY AREA COMMUNITY RESOURCES GRANT FUNDS IN THE AMOUNT OF $7,500 FOR
ALCOHOL COMPLIANCE CHECK OPERATIONS BY JUNE 30, 2009, AND AUTHORIZING
THE MAYOR TO EXECUTE THE MEMORANDUM OF UNDERSTANDING.
RECOMMENDATION: Staff recommends the Council adopt resolution authorizing execution of
Memorandum of Understanding with Bay Area Community resources (BACR) to fund alcohol
complaince check operations by June 30, 2009.
BACKGROUND: Bay Area Community Resources (BACR) is a local non-profit agency. BACR
obtained funding to provide Responsible Beverage Service (RBS) training to Alcoholic Beverage
Control (ABC) licensed establishments in Marin County, along with compliance check operations,
in order to educate licensees and monitor sales of alcohol to minors, sales to obviously
intoxicated persons, and other violations of the California Business and Professions Code ABC
Act. BACR will offer the RBS training, free of charge, to ABC -licensed establishments in San
Rafael and has extended a grant opportunity to the San Rafael Police Department to conduct
alcohol compliance check operations as a follow-up to the RBS training.
ANALYSIS: The Grant will fund, on an overtime basis, alcohol compliance check operations at
90% of all eligible ABC -licensed establishments in San Rafael. The compliance checks will
focus on establishments known to have sold to minors, sold to obviously intoxicated persons, or
created nuisance activity or other police problems.
FISCAL IMPACT: The Grant will provide $7,500.00 to conduct alcohol compliance check
operations at ABC -licensed establishments in San Rafael on an overtime basis. This amount will
cover the complete costs and not require the expenditure of any city funds.
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT I Page: 2
The total projected cost for this project is as follows:
Category -Eden Expense Code
Amount Note(s)
Design -01
$7,500.0
Construction -02
Construction Management -03
Land Acquisition -04
Site Testing -05
$7,500.0
Furniture and Equipment -06
Supplies and Services -07
Personnel -08
$7,500.0
Other Elements -99
Total Projected Cost
$7,500.0(
Funding Source
We request that the Council approve $7,500.00 for the project, from the following funding
source(s):
Source
Amount Note(s)
Bay Area Community Resources
$7,500.0
City of San Rafael General Fund
Total Available Funds
$7,500.0
ACTION REQUIRED:
Adopt resolution authorizing execution of Memorandum of Understanding with Bay Area
Community resources (BACR) to fund alcohol complaince check operations by June 30, 2009.
Attachments: (2)
(1) Resolution
(2) Memorandum of Understanding between Bay Area Community Resources (BACR) and the San
Rafael Police Department
RESOLUTION NO.
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING USE OF
BAY AREA COMMUNITY RESOURCES GRANT FUNDS IN THE AMOUNT OF
$7,500 FOR ALCOHOL COMPLIANCE CHECK OPERATIONS BY JUNE 30,
2009, AND AUTHORIZING THE MAYOR TO EXECUTE THE MEMORANDUM
OF UNDERSTANDING.
Whereas, Bay Area Community Resources has approved a grant in an amount
up to $7,500 to the City of San Rafael in order to conduct alcohol compliance
check operations at eligible Alcoholic Beverage Control (ABC) licensed alcohol
establishments in San Rafael; and
Whereas, this grant money will be spent by the Police Department to conduct
alcohol compliance check operations in order to monitor sales of alcohol to
minors, sales to obviously intoxicated persons, and other violations of the
California Business and Professions Code ABC Act;
NOW, THEREFORE BE IT RESOLVED, that the Mayor of the City of San Rafael
is hereby authorized and directed to execute the Memorandum of Understanding
between Bay Area Community Resources and the San Rafael Police
Department, attached hereto as Exhibit "A", to fund alcohol compliance check
operations in an amount up to $7,500 by June 30, 2009.
I, Esther Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of
the San Rafael City Council meeting held on April 20, 2009 by the following vote,
to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ESTHER BEIRNE, City Clerk
MEMORANDUM OF UNDERSTANDING BETWEEN
BAY AREA COMMUNITY RESOURCES ("BACR") AND
SAN RAFAEL POLICE DEPARTMENT ("GRANTEE")
MARCH 1, 2009 — JUNE 30, 2009
This Memorandum of Understanding outlines the activities that will be provided by the
San Rafael Police Department and Bay Area Community Resources (BACR) in the
amount of $ 7,500.00. The agreement will be effective for the period of March 1, 2009 —
June 30, 2009.
The San Rafael Police Department will:
GRANTEE will conduct alcohol compliance check operations at least one (1)
time at 80% of eligible ABC -licensed alcohol establishments in San Rafael and
at least one (1) additional compliance check at establishments known to have:
sold alcohol to minors; sold to obviously intoxicated persons; or created nuisance
activity or other police problems. The compliance checks will be conducted in a
fashion consistent with national and statewide Best Practices and will include
operations to monitor; sales of alcohol to minors; sales to obviously intoxicated
persons, and other violations of the California Business and Professions Code
ABC Act. This will ensure roughly 35 first time visits to a cross-section of
establishments followed by another 20-25 visits to establishments who have had
prior violations or who did not attend the RBS training (referenced in #2 & 3).
2. GRANTEE will comply with the California Business and Professions Code
Section 25658, Rule 141, Minor Decoy Requirements which stipulate the
minimum standards for youth who are to be used as Minor Decoys in
enforcement operations.
3. GRANTEE will offer all merchants within the community the opportunity to attend
Responsible Beverage Service (RBS) training (provided by BACR), with a specia
focus on those known to have: sold alcohol to minors, sold to obviously
intoxicated persons, or created nuisance activity or other police problems.
4. GRANTEE will coordinate compliance check operations described in (1) above
to follow up on RBS training described in (3) above.
5. GRANTEE will submit a report to BACR after completion of each compliance
check operation that summarize the number and geographic location of
enforcement operations, intervention activities completed and the outcome.
BACR MOU San Rafael Police Department
RBS & Compliance Checks March — June 2009
BACR will:
1. Disperse funds in the amount of $7,500.00 for the above-described services by
GRANTEE upon receipt of invoice and reports.
2. Coordinate and provide free Responsible Beverage Service (RBS) training for
establishments that sell and serve alcohol. BACR will provide the dates and
locations of the trainings to the Police Department so that the information can be
disseminated to the establishments.
3. Convene monthly meetings to coordinate efforts and provide any needed support.
4. Provide any requested technical assistance.
Albert J. Boro, Mayor
City of San Rafael
Mary Jo Williams, Associate Executive Uirector
Bay Area Community Resources (BACR)
BACR MOU
RBS & Compliance Checks
Date
Date
San Rafael Police Department
March — June 2009
11
BUDGET FOR CONDUCTING ENFORCEMENT
OPERATIONS OF LICENSED ALCOHOL ESTABLISHMENTS
BY THE SAN RAFAEL POLICE DEPARTMENT
MARCH 1 —JUNE 30, 2009
Compliance Check Operations 1 $114.00
Prepare and Submit Reports
TOTAL GRANT COST I $123.00
BACR MOU
RBS & Compliance Checks
3
$ 540.00
$7,380.00
San Rafael Police Department
March — June 2009