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CIQY OF SAN BERNARDrc:P - REQU~ FOR COUNCIL ACTON
From:
Ralph H. Prince
Subject: Grant Allocations to
San Bernardino art groups
Dept: City Attorney
Date: January 25, 1985
Synopsis of Previous Council action:
I
At the December 17, 1985 Council meeting, the ~ity Attorney was
instructed to prepare the necessary documents tn accordance with
Fine Arts Commission recommendation relating t~ art groups.
(Does not include Arrowhead Opera Institute per Council action
of l/21/85)
Recommended motion:
Adopt resolution.
#~~~~
Contact person: Thelma Press
Supporting data attached: Yes
Phone:
5114
Ward:
N/A
FUNDING REQUIREMENTS:
Amount: $49,600
Source: 01-:2.11..-'1.$"1 /1H-o ~......J..'1l
Finance: lJ ~ C? y ~
, -
Council Notes:
75-0262
S
Agenda I tem No. - ..
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AGREEMENTS FOR GRANT ALLOCATIONS FOR FISCAL YEAR 1984
1985 WITH BALLET FOLKLORICO CULTURAL, MUSIC FOR WHISTLE, PIPES &
FLUTES, COMMUNITY ARTS PRODUCTIONS, THEATRE FESTIVAL FOR YOUNG
AUDIENCES, SAN BERNARDINO ART ASSOCIATION, INLAND EMPIRE SYMPHONY,
AND SAN BERNARDINO VALLEY COMMUNITY CONCERT ASSOCIATION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City various
agreements relating to grant allocations for fiscal year 1984-1985
with Ballet Folklorico Cultural, Music for Whistle, PipeS &
Flutes, Community Arts Productions, Theatre Festival for Young
Audiences, San Bernardino Art Association, Inland Empire Symphony,
and San Bernardino Valley Community Concert Association. A copy
of each such contract is attached hereto and incorporated herein
by reference, each being marked respectively with the following
exhibit numbers: Exhibit A - Ballet Folklorico Cultural; Exhibit
B - Music for Whistle, Pipes & Flutes; Exhibit C - Community Arts
productions; Exhibit D - Theatre Festival for Young Audiences;
Exhibit E - S~n Bernardino Art Association; Exhibit F - Inland
Empire Symphony; Exhibit G - San Bernardino Valley Community
Concert Association.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on
, 1985, by the following vote,
the
day of
to wit:
. . . .
. . . . .
. . . . .
. . . . .
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. AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1985.
Mayor of the City of San Bernardino
Approved as to form:
~)~9
City A orney
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AG!E~O~!!
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(Community Organization)
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as -City-, and
the BALLET FOLKLORICO CULTURAL, a California nonprofit
organization, referred to as -Organization-.
The parties agree as follows:
1. Recitals.
(a) Organization has requested financial assistance from
City for the fiscal year 1984-1985, in order to assist in
defraying the expense of certain concerts, shows, festivals or
events or activities sponsored by Organization as set forth in
Organization's grant proposal approved by the Fine Arts Commission
of City and a copy of which is attached hereto as Exhibit -A- and
hereby incorporated herein. The financial assistance p~ovided for
in this agreement is made on a one-time only basis, and receipt of
said funds shall not imply a continuing obligation of the City
beyond the term of this agreement.
(b) The expenditure is for a valid municipal public purpose,
to wit: for promotion of arts and culture, as outlined in Exhibit
"A..
2. Payment. Upon presentation of a claim to the City
Administrator, City shall pay to Organization from the budget for
the 1984-1985 fiscal year, the total sum of FOUR THOUSAND DOLLARS
($4,000) at such time or times and in such periodic amounts as
determined by the City Administrator and Finance Director of City,
consistent with the grant proposal approved by the Fine Arts
Commission.
~~ A
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3. Use of Funds. The funds paid to Organization shall be
used solely for the purposes set forth in Exhibit -A-. Within
thirty days of the end of the grant program, all unexpended funds
shall be returned to City by Organization.
4. Accounting. Prior to the final payment under this
agreement, and at such other times as may be requested by the City
Administrator or Director of Finance of City, Organization shall
submit to the City Administrator, with a copy to the Director of
Finance and the San Bernardino Fine Arts Commission, an accounting
of the proposed and actual expenditures of all revenues accruing
to the Organization for the fiscal year ending June 30, 1985.
Financial records shall be maintained in accordance with generally
accepted accounting principles by Organization in such a manner as
to permit City to easily trace the expenditures of the funds. All
books and records of Organization are to be kept open for
inspection at any time during the business day by the City or its
officers or agents.
5. Hold Harmless. Organization covenants and agrees to
indemnify and dave harmless the City and its employees and agents
from all liabilities and charges, expenses (including counsel
fees), suits or losses however occurring, or damages arising or
growing out of the use or receipt of the funds paid hereunder and
all operations under this agreement. Payments hereunder are made
with the understanding that the City is not involved in the
performance of services or other activities of Organization.
Organization and its employees and agents are independent
contractors and are not employees or agents of the City in
performing said services.
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6. TerminatioC:> City shall ~e the right to terminate<:)is
agreement and any funding remaining unpaid hereunder for any
reason by mailing a ten day written .notice to Organization and
this agreement shall terminate ten days after the mailing of such
notice. tn the event this agreement is terminated for reasons of
improper use of funds or use of funds for any purpose other than
those authorized, any unexpended portion of the funds provided by
City shall be returned to City. In addition, Organization shall
reimburse to City any funds expended which were used for any
purposes other than those authorized under this agreement.
7. Assignment. Organization shall not assign its interest
in this agreement without the prior written approval of City.
8. Final Report. Prior to termination of this agreement,
Organization shall provide a final report on the project funded by
this agreement in accordance with the Criteria for Financial
Support heretofore provided by City to Organization.
9. Notices. All notices herein required shall be in writing
and delivered in person or sent by certified mail, postage
prepaid, addressed as follows:
City Admiaistrator
City of San Bernardino
300 North "D" Street -
San Bernardino, CA 92418
Ballet Folklorico Cultural
c/o Mrs. Ann Martinez
673 South Arrowhead Avenue
Rialto, CA 92376
DATED:
CITY OF SAN BERNARDINO
ATTEST:
By
Mayor
City Clerk
BALLET FOLKLORICO CULTURAL
Approved as to form:
/z;~~~~='
Clty At1:0rney
By
Title
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A G R E E MEN T
-------
(Community Organization)
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as .City., and
the MUSIC FOR WHISTLE, PIPES AND FLUTES, a California nonprofit
organization, referred to as .Organization..
The parties agree as follows:
1. Recitals.
(a) Organization has requested financial assistance from
City for the fiscal year 1984-1985, in order to assist in
defraying the expense of certain concerts, shows, festivals or
events or activities sponsored by Organization as set forth in
Organization's grant proposal approved by the Fine Arts Commission
of City and a copy of which is attached hereto as Exhibit .A. and
hereby incorporated herein. The financial assistance provided for
in this agreement is made on a one-time only basis, and receipt of
said funds shall not imply a continuing obligation of the City
beyond the term of this agreement.
(b) The ~xpenditure is for a valid municipal public purpose,
to wit: for promotion of arts and culture, as outlined in Exhibit
"A".
2. Payment. Upon presentation of a claim to the City
Administrator, City shall pay to Organization from the budget for
the 1984-1985 fiscal year, the total sum of SIX HUNDRED DOLLARS
($600) at such time or times and in such periodic amounts as
determined by the City Administrator and Finance Director of City,
consistent with the grant proposal approved by the Fine Arts
Commission.
EXlilBIT 8
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3. Use of Funds. The funds paid to Organization shall be
used solely for the purposes set forth in Exhibit -A-. Within
thirty days of the end of the grant program, all unexpended funds
shall be returned to City by Organization.
4. Accounting. Prior to the final payment under this
agreement, and at such other times as may be requested by the City
Administrator or Director of Finance of City, Organization shall
submit to the City Administrator, with a copy to the Director of
Finance and the San Bernardino Fine Arts Commission, an accounting
of the proposed and actual expenditures of all revenues accruing
to the Organization for the fiscal year ending June 30, 1985.
Financial records shall be maintained in accordance with generally
accepted accounting principles by Organization in such a manner as
to permit City to easily trace the expenditures of the funds. All
books and records of Organization are to be kept open for
inspection at any time during the business day by the City or its
officers or agents.
5. Hold Harmless. Organization covenants and agrees to
indemnify and save harmless the City and its employees and agents
from all liabilities and charges, expenses (including counsel
fees), suits or losses however occurring, or damages arising or
growing out of the use or receipt of the funds paid hereunder and
all operations under this agreement. Payments hereunder are made
with the understanding that the City is not involved in the
performance of services or other activities of Organization.
Organization and its employees and agents are independent
contractors and are not employees or agents of the City in
performing said services.
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6. Terminatio~ City shall ~ the right to terminate <:)is
agreement and any funding remaining unpaid hereunder for any
reason by mailing a ten day written notice to Organization and
this agreement shall terminate ten days after the mailing of such
notice. In the event this agreement is terminated for reasons of
improper use of funds or use of funds for any purpose other than
those authorized, any unexpended portion of the funds provided by
City shall be returned to City. In addition, Organization shall
reimburse to City any funds expended which were used for any
purposes other than those authorized under this agreement.
7. Assignment. Organization shall not assign its interest
in this agreement without the prior written approval of City.
8. Final Report. Prior to termination of this agreement,
Organization shall provide a final report on the project funded by
this agreement in accordance with the Criteria for Financial
Support heretofore provided by City to Organization.
9. Notices. All notices herein required shall be in writing
and delivered in person or sent by certified mail, postage
prepaid, addressed as follows:
City AdmLlistrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Music for Whistles, Pipes &
Flutes
c/o Mr. Jerrold Pritchard,
Professor of Music
California State University
5500 State College Parkway
San Bernardino, CA 92407
DATED:
CITY OF SAN BERNARDINO
ATTEST:
By
Mayor
City Clerk
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Approved as to form:
~~'42
Clty A torney
to.... . II ,~,
MUSIdC)oR WHISTLES, PIPES & FLU~
.By
Title
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Jl
o A G R ~ ~O~ N !
(Community Organization)
o
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as .City., and
the COMMUNITY ARTS PRODUCTIONS, a California nonprofit
organization, referred to as .Organization..
The parties agree as follows:
1. Reci tals.
(a) Organization has requested financial assistance from
City for the fiscal year 1984-1985, in order to assist in
defraying the expense of certain concerts, shows, festivals or
events or activities sponsored by Organization as set forth in
Organization's grant proposal approved by the Fine Arts Commission
of City and a copy of which is attached hereto as Exhibit .A. and
hereby incorporated herein. The financial assistance provided for
in this agreement is made on a one-time only basis, and receipt of
said funds shall not imply a continuing obligation of the City
beyond the term of this agreement.
(b) The expenditure is for a valid municipal public purpose,
to wit: for pr.omotion of arts and culture, as outlined in Exhibit
"A".
2. Payment. Upon presentation of a claim to the City
Administrator, City shall pay to Organization from the budget for
the 1984-1985 fiscal year, the total sum of ~lELVE THOUSAND
DOLLARS ($12,000) at such time or times and in such periodic
amounts as determined by the City Administrator and Finance
Director of City, consistent with the grant proposal approved by
the Fine Arts Commission.
EXHIBIT C
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3. Use of Fun<=) The funds (:)d to Organization shall ~
used solely for the purposes set forth in Exhibit -A-. within
thirty days of the end of the grant program, all unexpended funds
shall be returned to City by Organization.
4. Accounting. Prior to the final payment under this
agreement, and at such other times as may be requested by the City
Administrator or Director of Finance of City, Organization shall
submit to the City Administrator, with a copy to the Director of
Finance and the San Bernardino Fine Arts Commission, an accounting
of the proposed and actual expenditures of all revenues accruing
to the Organization for the fiscal year ending June 30, 1985.
Financial records shall be maintained in accordance with generally
accepted accounting principles by Organization in such a manner as
to permit City to easily trace the expenditures of the funds. All
books and records of Organization are to be kept open for
inspection at any time during the business day by the City or its
officers or agents.
5. Hold Harmless. Organization covenants and agrees to
indemnify and save harmless the City and its employees and agents
from all liabi~ities and charges, expenses (including counsel
fees), suits or losses howeve~ occurring, or damages arising or
growing out of the use or receipt of the funds paid hereunder and
all operations under this agreement. Payments hereunder are made
with the understanding that the City is not involved in the
performance of services or other activities of Organization.
Organization and its employees and agents are independent
contractors and are not employees or agents of the City in
performing said services.
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO REZONING A CERTAIN
PARCEL OF LAND, AMENDING THE LAND USE ZONING MAP, WHICH IS
INCORPORATED BY REFERENCE IN SECTION 19.06.020 OF THE SAN
BERNARDINO MUNICIPAL CODE (PETITION NO. 84-28, GENERALLY LOCATED
AT THE NORTHEAST CORNER OF MILL STREET AND WATERMAN AVENUE).
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to Chapter 19.06 of the San Bernardino
Municipal Code, the real property described in Exhibit wAw,
attached hereto and incorporated he.rein by reference, a
rectangularly-shaped parcel of land consisting of approximately
.70 acres located at the. northeast corner of Mill Street and
Waterman Avenue, is rezoned from M-l Light Industrial District to
C-M Commercial Manufacturing District.
(PARCEL NO. ONE THOUSAND FIFTY-TWO, PETITION NO. 84-28.)
SECTION 2. The zoning map, which is incorporated by
reference in Section 19.06.020 of the San Bernardino Municipal
Code is amended to reflect the change of zone set forth in this
ordinance.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held
on the
day of
, 1985, by the following
vote, to wit:
. AYES:
Council Members
NAYS:
ABSENT:
City Clerk
o
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The foregoing~dinance is h~bY approved this
, 1985.
2 of
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Mayor of the City of San Bernardino
6
Approved as to form:
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~U~J/I~
C ty ~ttorney
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Schedule C
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The land referred to herein is described as follows:
A PORTION OF LOT 7, BLOCK 45, AND A PORTION OF WATERMAN AVENUE,
82.,50 FEET WIDE, AND OF MILL STREET, 82.50 FEET WIDE, ALL AS SHOWN
ON THE MAP OF RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER M~P RECORDED
" IN BOOK 7 OF MAPS, PAGE 2, IN THE' OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, DESCRIBED AS FO~LOWS:
, -
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF SAID WATERMAN
AVENUE WITH THE CENTER LINE OF SAID MILL STREET; THENCE NORTH
89039'33" EAST ALONG SAID CENTER LINE OF MILL STREET 230.00 FEETj
THENCE NORTH 0027'0&" WEST PARALLEL WITH S~lD CENTER LINE OF WATER-
MAN AVENUE 230.00 FEETj THENCE SOUTH 89039 '33" WEST PARALLEL WITH'
SAID CENTER LINE OF MILL STREET 230.00 .FEET TO SAID CENTER LINE OF
WATERMAN AVENUEj THENCE SOUTH 0027'0&" EAST ALONG SAID CENTER LINE,
230.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN '
BERNARDINO, A BODY CORPORATE AND POLITIC OF THE STATE OF CALIFORNIA,
THAT PORTION DESCRIBED AS FOLLOWS:
.
BEGINNING AT THE INTERSECTION OF THE CENTER LINES OF WATERMAN AVENUE
AND MILL STREETj THENCE 89039'33" EAST ALONG THE SAID CENTER LINE
OF MILL STREET &00 FEETj THENCE NORTH 0020'27" EAST 50 FEET; THENCE
SOUTH 89039'33" WEST 515.09 FEET; THENCE NORTH 5&040'45" WEST 3&.08
FEET; THENCE NORTH 0027'0&" WEST 549.1& FEET, MORE OR LESS, TO A
POINT ON THE SOUTH LINE OF THE PARCEL OF LAND GRANTED TO THE SAN
BERNARDINO COUNTY FLOOD CONTROL DISTRICT, A BOOY POLITIC AND CORPORATE,
BY DEED RECORDED APRIL 22, 1959 IN BOOK 479&, PAGE 481, OFFICI'AL
RECORD5j THENCE SOUTH 50008'39" WEST ALONG SAID SOUTH LINE 17.80
FEETj THENCE SOUTH 89032'54" WEST 41.25 FEET TO A POINT IN THE CENTER
LINE OF WATERMAN AVENUE; THENCE SOUTH 0027'06" EA5T ALONG SAID CENTER
LINE 607.75 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
EXHIBIT "An
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