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HomeMy WebLinkAboutNB-Public Works .'_: 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 --------------------------------------------------------------- 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. ~~~ Rachel Krasney City Clerk Attachments .~ . . o o 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 . . o o 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. .., o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 >, 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 III DAB/ses/Market.res October 9, 1991 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 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 DAB/ses/Market.res 2 October 9, 1991 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 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. III III III III III III III III III III III III III III III III III not result in any adverse impact to nearby DAB/ses/Market.res 3 October 9, 1991 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 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 - / 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>'-<.... o DAB/ses/Market.res 4 October 9, 1991