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Home My WebLink About20-Council Office . , r" \;,." , '- - CiTY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: councilman Jack Strickler Subject: Legislative Review Committee Report Dept: Council Office Date: ,'lovember 13, 1985 Synopsis of Previous Council action: Recommended motion: 1. That minutes of Legislative Review Committee meeting held Novem- ber 7, 19a5 be received and filed. 2. That Committee recommended actions be approved and appropriate departments implement these actions as necessary and as soon as possible. ~..~ <*cn,,{ {,C-.,-, Sig ture , Contact person: Phil Arvizo Phone: 383-5188 Supporting data attached: Yes Ward: N/A FUNDING REQUIREMENTS: Amount: N/A Sou rce: Finance: Council Notes: 2f) - , \....... LEGISLATIVE REVIEW COMMITTEE November 7, 1985 ATTENDEES: Councilman Jack Strickler ChairmanJ Councilman Jack ReillYJ Councilman Steve Marks; Sr. Asst. City Attorney - Allen BriggsJ Police Chief - Benjamin Gonzales; Deputy City Administrator - Ray SchweitzerJ Council Executive Assistant - Phil Arvizo; Planning Director - Frank Schuma; Mayor's Project Coordinator Greg Garcia; Bingo Representatives: Terry Whitman, Ron Coniglio, Glen O. Btandel, Jr. 1. BINGO - MUNICIPAL CODE CHANGES - Committee recom- mended that San Bernardino City Ordinance 5.36.060-D be amended to raise the limit of total prizes in anyone session to $5,000. It ,further recommended that San Bernardino Municipal Code Section 5.36.010-A be revised to allow .pul1 tabs. to be permitted provided that the odds of winning are posted prominently. Additionally, contingent upon review and approval of the City Attorney, the Committee recommended that a game called .You Pick 'Em"" be included as an authorized bingo 'game. The City Attorney was tasked to review, make the necessary changes, additions or deletions as appropriate, and present to the Council on November 18, 1985 for a first reading. 2. ORDINANCE - GRANTING THE AUTHORITY TO MAKE EMERGENCY PURCHASES TO THE PURCHASING AGENT - Item tabled per recommen- dation of the City Attorney after coordination with City Purchasing. 3. ORDINANCE ELIMINATING REQUIREMENT OF SECOND PUBLI- CATION OF BIDS AND AUTHORIZING PURCHASING AGENT TO ESTABLISHI MAINTAIN LIST OF SUPPLIERS AND TO MAIL REQUEST FOR BIDS - Item tabled per recommendation of the City Attorney after coordination with City Purchasing. 4. ORDINANCE - AMENDING MC SECTION 8.63.130, SUBSECTION .E", TO CHANGE THE ADDRESS OF THE CENTRAL FIRE STATION Committee recommended the ordinance be amended as requested. 5. DISCUSSION - IMPACT OF LIQUOR ESTABLISHMENTS, ON AND OFF SALE - Committee recommended that present systems remain ; ..... , """,.... ...."" BINGO GAMES 5.36.200 Fictitious name. 5.36.210 Violation - Penalty. 5.36.010 Defmitions. A. "Bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. Notwithstanding Section 326.5(n) of the Penal Code, bingo shall not include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes even though the winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game, nor even though such preprinted cards bear the legend "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance." B. "Minors" are all persons defined as minors under Civil Code Section 25.1. C. A "nonprofit organization" is an organization exempted by the bank and corporation tax by Sections :!3701(a). :!3701(b), 23701(d), 23701(e), 23701(0. 23701(g) or 23701(1) of the California Revenue and Taxation Code. D. "Prizes" mean cash, kind, or both for each separate game which is held. (Ord. MC-146, 3-15-82: Ord. 3976 ~ I, 1980: Ord. 3684 (part), 1977;Ord. 3606 ~ 1,1976.) 5.36.020 Ucense - Required. No person, firm, corporation, association. partnership or organization other than a nonprofit organization. mobile home park association, or senior citizen organization may conduct bingo games. Such organizations or associations shall not conduct bingo games without first having secured a license to conduct such games from the City Clerk as hereinafter provided, and the receipts of such games shall be used only for charitable purposes. (Ord. MC-146. 3-15-82: Ord, 3684 (part). 1977; Ord. 3606 ~ 2, 1976,) 273 (Sin Bernardino 6-82) '-- t"'..... - ,.., -- 5.36.060 Operation of bingo glUlle. A bingo game shall be conducted only on property owned or leased by, or donated to, the licensed organization or associa- tion and used by it for an office or for performance of the purposes for which the organization or association is organized. BUSINESS LICENSES AND REGULATIONS Use solely for the purposes of conducting bingo games is not an acceptable use. The bingo game shall be operated and staffed only by members of the licensed organization or association which organized the game, except that security personnel may be employed. No person may receive or pay a profit, wage, or salary from the receipts of any bingo game, except tlIat security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games. Only the organization or association licensed to conduct a bingo lame shall operate such game or participate in the promotion, super- vision, or any other phase of such game. Bingo games shall not be held: A. For more than two sessions in an)' one week; or B. For more than five hours in any twenty-four-hour period; or C. Between the hours of two a.m. and six a.m. of anyone day; or D. In anyone session, after the awarding of prizes in the total amount or value of three thousand dollars. (Ord. MC-314, 11-7-83; Ord. MC.146, 3-15-82; Ord. 3684 (part), ) 977; Ord. 3606 ~ 6, 1976.) 5.36.070 Financial interest. No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a bingo game shall hold a fmancial interest in the conduct of such bingo game.(Ord.3606~7, 1976.) -, 5.36.080 Account for profits and proceeds. A. All profits derived from a bingo game by organizations exempt from payment of the bank and corporation tax by Section 23701 (d) of the California Revenue and Taxation Code shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes. (San Benw4ino 1-84) 2~6 ,.r' ". /'...... "- ........ ....." in effect but that the City Clerk and Planning Director notify Police Chief Gonzales immediately upon notification or application of an on or off site request for liquor sales (beer/wine included). The Police Chief will review, notify the concerned Councilmember and appropriate action taken to voice objection. All objections that have been brought to ABC in the past by Chief Gonzales have been upheld. Meeting adjourned. Respectfully submitted, ~.. 04,. _ C uncilman Jack Strickler hairman Legislative Review Committee JS:ej 'I"..... 28 /' - ,.,../ ( I 2 3 ORDINANCE l'l0. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 3.04.075 OF THE SAN BERNARDINO MUNICIPAL CODE GRANTING THE AUTHORITY TO MAKE EMERGENCY PURCHASES TO THE PURCHASING AGENT. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: .; 5 6 SECTION 1. Section 3.04.075 of the San Bernardino ~Inicipal 7 Code is amended to read: 8 "3.04.075 Emergency purchases. 9 In case of an emergency, which is so urgent as to preclude 10. advance action by the Mayor and Common Council and which requires 11 the immediate purchase of suppliesJ materials. equipment or 12 contractual services, the Purchasing Agent shall have the 13 authority. subject to ratification in earoh instance by the Mayor 14 and Common Council, to secure in the open market at the lowest 15 obtainable price any such supplies. materials. equipment or 16 contractual services. The Purchasing Agent shall make and. _ . 17 18 19 20 21 22 maintain a record of all emergency orders and bids and shall Idocument the actions and procedures used to secure such purchases I lat the lowest obtainable price, which record and documents shall ,be open for public inspection. This emergency authority shall I jextcnd to all purchases, irrespective of the fact that the amount , I might exceed the authorized limitation for open market purchases. i i In all instances B full explanation of the emergency i circumstances shall be filed with the Mayor and Common Council." I ! I HEREBY CERTIFY that the foregoing ordinance was ~uly , I ! adopted by the Meyor and 'Common Council of the City of San I I I Bernardino at a meetine thereof. held 23 24 25 26 27 on the , 1985. by the followin~ I I ! day of , I"... - "-.,.' I OP.DINANCr. ~O. 2 ORDINANCE OF TilE CITY OF SAN BERNARDINO AMENDING SECTION 3.04.070 OF THE SAN BERNARDINO MUNICIPAL CODE TO ELIMINATE THE 3 REQUIREMENT OF A SECOND PUBLICATION OF BIDS AND TO AUTHORIZE THE PURCHASING AGENT TO ESTABLISH AND MAINTAIN A LIST OF SUPPLIERS 4 ANn TO MAIL REQUEST FOR BIDS TO ENTITIES WHOSE NAMES ARE CONTAINED THEREON. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDIND 6 DO ORDAIN AS FOLLOWS: 7 SECTION 1. Section 3.04.070 Subsections A, B. C and D of 8 the San Bernardino Municipal Code are amended to read: 9 A. Notice inviting bids. Notices inviting bids shall JO include a general description of the articles to be purchased. II shall state where bid blanks and specifications may be secured. 12 and the time and place for opening bids. 13 B. Notice. Publication and mailing. Notice inviting bids 14 shall be published at least ten days before the opening of bids 15 in a newspaper of general circulation printed and p~blished in 16 the City. 17 The purchasing agent may establish and maintain a Iist"of 18 prospective bidders. The prospective bidders shall be listed on 19 said list according to the service or product provided as 20 indicated by the prospective bidder. It shall not be the 21 responsiblity of the purchasing agent to ensure that the list 22 contains current information with respect to the address. serv.ice 23 or product of the prospective bidder. The purchasing agent is . 24 authorized to mail invitations to bid directly to appropriate 2S prospective bidders appearing on said list. 26 C. Bidder's Security. Each bid or proposal may be required 27 by the Purchasing Agent to be accompanied by a bidder's bond, 28 certified or cashier's check, or cash in an amount not more than , '- /",,,...., - --- j ten percent of the total bid. The City Administrator shall establish standards for determining under what circumstances a bidder's security shall be required in order to protect the interests of the City. When deemed necessary by the City Administrator, bidder's security may be prescribed in the public notices inviting bids. When bid security is required, unsuccessful bidders shall be entitled to return of bid security, but a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless and to the extent the City is res~onsible for the delay. The Common Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest and best bidder. If the Common Council awards the contract to the next lowest and best bidder, the amount of the lowest bidder's required security shall be applied by the City to the difference . between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. D. Bid Opening Procedure. Sealed bids shall be submitted to the purchaSing agent and shall be identified as bids on the envelope. A record of the bids received shall be posted for public inspection after bids have been opened, indicating the amounts bid by the various bidders and the basis for awarding the contract of purchase order if other than to the lowest bidder; such list shall remain posted for ten days after the award has been made. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Hayor and Common Council of the City of San , I".~ '-- '--.,.. -...,1 ] ORDINANCE NO. 2 ORDINANCE DF THE CITY OF SAN BERNARDINO AMENDING SECtION 8.63.130 SUBSECTION B OF THE SAN BERNARDINO MUNICIPAL CODE TO 3 CHANGE THE ADDRESS OF THE CENTRAL FIRE STATION. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 6 SECTION 1. Section 8.63.130 Subsection B of the San 7 Bernardino Municipal Code is amended to read: 8 -B. Any additional land area, whether publicly or privately 9 owned, which the Fire Chief of the Fire Department determines to 10 be so situated or so inaccessible that a fire upon said land ]] could present an abnormally difficult task of fire suppression. 12 Such additional land areas shall be designated on a map available 13 to the public and maintained by the Fire Department at the 14 Central Fire Station, 200 East Third Street, San Bernardino. The 15 Fire Chief shall provide a written description of the boundaries 16 17 of any such additional land area to the City Clerk who shall . provide for publication of notice thereof pursuant to the 18 provisions of California Government Code Section 6061.- 19 I HEREBY CERTIFY that the foregoing ordinance was duly 20 adopted by the Mayor and Common Council of the City of San 2] Bernardino at a meeting thereof, held on 22 the day of . 1985. by the 23 following vote, to wit: 24 I I I 25 I I I 26 I I I 27 I I / 28 III I I I I I I I I I / J c r-- '-' ,....) '.."I ,.' C I '1' Y OF SAN BERNARDINO INTEROFFICE ~EMORANDUM 8511-302 \..... \ . \ . '. !-' . - c -:. - - I ~:.:-: COPIES: Mayor Wilcox : r d :,.: ; ~ ::-:: ---------------------------------------------------------~-~.:~ -.-, .t:'- L:f"91: The City currently is requiring a Conditional Use Permit~or on-site sale of alcoholic beverages in restaurants and bars. No Conditional Use Permit is currently required for off-site sale of alcoholic beverages. Should the City enact such an ordinance, the following establishments would be required to submit for a Conditional Use Permit: convenience markets (7- 11, Stop 'N' Go), liquor stores, grocery stores and discount chains. Such establishments would be required to apply for and receive approval of a Conditional Use Permit prior to the sale of any alcoholic beverages. In my opinion, the requirement for a Conditional Use Permit for all of the above might be a sense of overkill. I am not personally familiar with any community requiring all of the above to receive a Conditional Use Permit. I am aware of- some communities restricting the location of liquor stores' through the use of Conditional Use Permits and some develop- ment criteria. Typically, most of the problems revolve around the small, neighborhood liquor store or the conven- ience market. TO: Esther Estrada, First Ward FROM: Frank A. Schuma, Planning Director ~ SUBJECT: Off-Site Sale of Alcoholic Beverages c'> L., - is DATE: November 5, 1985 (6519) --= ~c-:- If the City were desirous of requiring a Conditional Use Permit or establishing standards relative to spacing of such establishments, the. Planning Department should be directed to do some further investigation. I would suggest that you place on the Council agenda an item directing staff to do some further investigation on the possibilities of requiring Conditional Use Permits for off-site sales from liquor stores. FRANK A. SCBUMA Planning Director mkf