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C I TO
o F SAN
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
B ERN A R ~ N 0
DATE:
October 8, 1991
TO: James Penman, City Attorney (Attn: Dennis Barlow)
FROM: Rachel Krasney, City Clerk
SUBJECT: Motion adopted at 10/7/91 Council Meeting directing
City Attorney's Office to draft Resolution
COPIES: Diane Jones, Deputy City Clerk
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One of the last agenda items taken up at yesterday's Council
meeting and one which arose subsequent to the posting of the
Council agenda was the matter concerning the School Board's
protest of the liquor license being granted to the proposed
market at Baseline and Medical Center Drive.
Following up on my telephone conversation of this morning with
Mr. Penman, he indicated he was going to have you prepare the
Resolution which the City Council requested.
Attached is a verbatim transf'ript taken from that portion of
yesterday's Council meeting co' erning the matter. Additionally,
I have also attached the motio I drafted.
If you have any questions, please call me at extension 3210.
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Rachel Krasney
City Clerk
Attachments
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Closed Session - Emergency Item - Pood Por Less - Liquor
License - Wests ide Market Project
Pood for less has decided not to go forward with the market
on the wests ide if they do not get their liquor license.
The School Board and Senator Bill. Leonard both are
protesting that they do not get their liquor license. So if
we can't get the school board to withdraw and get Senator
Leonard to withdraw, it means there will be no market on the
Westside.
I'm going to request that we have motion to this body first
of all take this up as an item that arose subsequent to the
posting of the council agenda. Reilly/Est.
Vpl - I would like to know who introduced that motion on the
Board? I think it was a political move.
llayor Holcomb - a motion requesting the school board
Est - can it be a motion directing staff to prepare a
resolution?
Kayor Holcomb - motion would be to direct attorney to
prepare a resolution to be presented to the School Board at
their next regular meeting which will be a week from
tomorrow night, reciting the fact that the city has
invested substantial funds into this project 2: the Westside
is badly in need of this market to serve the Westside
residents and to help the economy of the Wests ide and that
we have been infoz:med that without a liquor license pood for
Less will not move forward with the project. In the
interest of moving forward with the project, that the School
Board withdraw its protest previously filed with the ABC
Board.
VPL - can we change the name of pood Por Less to Viva
Jlarket?
llayor HOlcomb - I think we should use the corporate name-
Quality Poods.
vpl - Is there any qualified Council Kember available to go
before the School Board on this Tuesday night?
Council Kember llaudsley stated that he will be there to take
the matter before the School Board.
Council Kember Hernandez made a motion, seconded by Council
Kember Reilly, and unanimously carried, that the City Attorney be
directed to prePare a resolution
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Motion by Council Member Hernandez, seconded by Councilman
Reilly, and unanimously carried, that the City Attorney be
directed to prepare a Resolution to be presented to the San
Bernardino City Unified School District Board of Educa:tion at
their next regular meeting on October 15, 1991, requesting that
the Board of Education withdraw the protest submitted to the
Alchohol Beverage Control Board opposing the granting of a liquor
license to Quality Foods for its proposed market at Baseline and
Medical Center Drive. Further, that the resolution recite the
facts that the City of San Bernardino has invested substantial
funds into the project; that the West Side is badly in need of
the market to serve its residents and to help the economy; and
that the City has been informed that Quality Foods will not move
forward with its plans to build a market if the liquor license is
not granted.
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RESOLUTION NO. 91-428
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO URGING THE SAN BERNARDINO CITY SCHOOL DISTRICT AND
STATE SENATOR BILL LEONARD TO WITHDRAW OPPOSITION TO THE GRANTING
OF A LIQUOR LICENSE FOR VIVA MARKET.
WHEREAS, for many years the City of San Bernardino and the
Redevelopment Agency have tried to encourage the development of a
shopping center on the westside of San Bernardino at the corner of
Baseline and Medical Center Drive, and
WHEREAS, such a center would not only act as a direct
benefit to the area by bringing shopping and a sense of community
spirit and pride, but will act as a catalyst to the development of
other much needed commercial projects, and
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WHEREAS, in this attempt the City applied for and was
awarded a $1.8 million UDAG grant from the federal government, and
WHEREAS, the Redevelopment Agency has expended $1.3 million
in the acquisition of the property, and
WHEREAS, the County of San Bernardino has agreed to loan the
project $2.75 million, and
WHEREAS, New Frontier Commercial Properties, Inc. has been
selected to develop this 10.1 acres, and
WHEREAS, New Frontier has obtained an agreement from Food-4-
Less to locate a Viva Market as the anchor tenant in the Center,
and
WHEREAS, a viable supermarket is essential to the success of
this project, and
WHEREAS, in today' s market a supermarket cannot succeed
without the sale of alcoholic beverages, and
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October 9, 1991
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WHEREAS, supermarkets do not attract the type of undesirable
elements often attributed to other alcohol outlets, and
WHEREAS, the City is informed that the San Bernardino City
School District has expressed concern about the granting of a
liquor license to Viva Market at this location due to its
proximity to Martin Luther King, Jr. School, and
WHEREAS, because of the concern expressed by the School
District the City is informed that State Senator Bill Leonard has
also expressed some opposition to the granting of a liquor
license, and
WHEREAS, because of the opposi tion expressed by these
prominent individuals and bodies it is likely that the liquor
license will not be granted, and
WHEREAS, Viva market has advised the City that if a liquor
license is not granted it cannot proceed with the project, and
WHEREAS, such a withdrawal at this late date will
undoubtedly result in the cancellation of the UDAG grant, the
failure of the project, and the loss of the significant local
investment of time and money in the project, and
WHEREAS, it is unlikely that any other project of this size
and of this benefit to the area will be possible in the
foreseeable future, and
WHEREAS, the ability to provide much needed assistance to a
severely depressed area of the City will be irretrievably lost,
and
WHEREAS, the failure of this project will not only devastate
the area economically but will severely impact the hopes and
dreams of the residents who were relying on this project to
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instill life into their depressed neighborhoods,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
The San Bernardino City Unified School District and State
Senator Bill Leonard are urged to withdraw any opposition to the
granting of a liquor license to the project to further the best
interests of the residents of the westside of the City of San
Bernardino and of the City as a whole, which license will result
in no more liquor outlets in the area than previously existed, and
which license will
school children.
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not result in any adverse impact to nearby
DAB/ses/Market.res
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October 9, 1991
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RESOLUTION...URGING THE SAN BERNARDINO CITY SCHOOL DISTRICT
AND STATE SENATOR BILL LEONARD TO WITHDRAW OPPOSITION TO THE
GRANTING OF A LIQUOR LICENSE FOR VIVA MARKET.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a reqular
meeting thereof, held on the 7th
day of October
, 1991, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSENT
ABSTAIN
ESTRADA
x
REILLY
x
HERNANDEZ
x
MAUDSLEY
x
MINOR
x
POPE-LUDLAM
x
MILLER
x
The foregoing
of October
Q~1vL i;){~y<_~_,~
Ci ty Clerk -
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resolution is hereby approyed this
, 1991.
9th . day
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By: llc~ ? I~'Y'./t>'-<....
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October 9, 1991