HomeMy WebLinkAbout38-City Attorney
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ClOy OF SAN BERNARD~ - REQU~ FOR COUNCIL ACTPjN
From: Ralph H. Prince
Subject: Change of Zone, petition
No. 84-28
Oept: City Attorney
Date: January 25, 19B5
Synopsis of Previous Council action:
The City Attorney was directed to prepare the amendment to
initiate the change in the Land Use Zoning Ordinance for petition
No. 84-2B, at the Council meeting of December 17, 1984.
Recommended motion:
Waive further first reading of ordinance and layover for
final adoption.
J/ " A / ./ 7 0
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Signature
Contact person: Libby Rodriquez
Supporting data attached: Yes
Phone:
5355
Ward:
First
FUNDING REQUIREMENTS:
Amount:
None
Sou rce:
N/A
Finance:
Council Notes:
75-0262
Agenda Item Not- ~
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6. Terminatio4:) 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. 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 Admi~lstrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Community Arts productions
c/o Mr. Anthony Amendt, Pres.
P.O. Box 6033
San Bernardino, CA 92412
DATED:
CITY OF SAN BERNARDINO
ATTEST:
By
Mayor
City Clerk
COMMUNITY ARTS PRODUCTIONS
Approved as to form:
..--; ~ / ><./7 --......
./<;;;C"'~~--t.:...~~ By
City At!torney Title
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A G R E E MEN T
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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 THEATRE FESTIVAL FOR YOUNG AUDIENCES, 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. TWO THOUSAND FIVE
HUNDRED DOLLARS ($2,500) at such time or times and in such
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periodic amounts as determined by the City ~dministrator and
Finance Director of City, consistent with the grant proposal
approved by the Fine Arts Commission.
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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 3ave 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. TerminatidC) 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. 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 Admiaistrator
City of San Bernardino
300 North -D- Street
San Bernardino, CA 92418
Theatre Festival For Young
Audiences
c/o Mr..Ronald E. Barnes, Dept
Chairman
Theatre Arts, Cal. State
5500 State COllege Parkway
San Bernardino, CA 92407
DATED:
CITY OF SAN BERNARDINO
ATTEST:
By
City Clerk
Mayor
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Approved as to form:
~~,ffi4eS;J
City Anorney
IT- ,'I jl
THEA~ FESTIVAL FOR YOUNG
AUDIElfl!ES
o
By
Title
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o AQ.R!E()lN!
(Community Organization)
THIS AGREEMENT is entered into between the CITY OF SAN
o
BERNARDINO, a municipal corporation, referred to as .City., and
the SAN BERNARDINO ART ASSOCIATION, 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 expenditure is for a valid municipal public purpose,
to wit: for pr0motion 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 EIGHT THOUSAND DOLLARS
($8,000) 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.
EXHlR!T E
1''I''ij
3. Use of Fun~ The funds ~ 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 howevet 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. Termination. City shall have the right to terminate this
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, addre~sed as follows:
City Administrator
City of San Bernardino
300 North -D- Street
San Bernardino, CA 92418
San Bernardino Art Association
c/o Mrs. Dolores A. Murray,
President
1640 East Highland Avenue
San Bernardino, CA 92404
DATED:
CITY OF SAN BERNARDINO
ATTEST:
By
Mayor
City Clerk
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c:> SAN aC)NARDINO ART ASSOCIATION C)
Approved as to form:
~,<~g
CIty torney
By
Title
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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 INLAND EMPIRE SYMPHONY, 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 expenditure is for a valid municipal public purpose,
to wi t:
for promotion of arts and culture, as outlined in Exhibit
WA".
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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 SIXTEEN THOUSAND
DOLLARS ($16,000) 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. F.
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proportional interest in the land needed for right of way as just
compensation for the taking of the land, subject to ratification
by the Mayor and Common Council.
D. A legal description of that portion of the subject
property which is required for street purposes is attached hereto
as Exhibit "A" and incorporated herein as though fully set forth.
SECTION 2. Determination of Fair Market Value.
It is hereby determined, based upon the appraiser's report
received, that the portion of property required for right of way
for Perrin Road has a fair market value of $5,000.00, and that
amount is hereby established as the fair market value for said
property.
SECTION 3. Ratification of Offer.
The Mayor and Common Council hereby ratify the offer of
$1,666.67 to Helen Wolloch, $1,666.67 to James and Juanita
Pollard, and $833.33 to Marlene Mayer Montoya as just
compensation for the acquisition of that property required for
the Perrin Road street right of way.
SECTION 4. ReQuirement for Resolution of Necessity.
This resolution of necessity is adopted pursuant to the
requirements of Article 2 (Sections 1245.210 et seq.l of Chapter
4 of Title 7 of Part 3 of the Code of Civil Procedure of the
State of California.
SECTION 5. Public Use.
The public use for which the property described in this
resolution is to be taken is for a street right of way.
SECTION 6. Authority for Eminent Domain.
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The City of San Bernardino is authorized by Section 1,
Article II Section 40, Article IIII and Section 240, Article XIII
of the City Charter of the City of San Bernardino and by
California Government Code Sections 37350.5 and 38010 to acquire
the property described in this resolution by eminent domain for
the public use set forth in this resolution.
SECTION 7. Declaration of Findin9s and Determination.
The Mayor and Common Council of the City of San Bernardino
find and determine each of the following:
(a) The public interest and necessity require the
proposed project.
(b) The proposed project is planned or located in the
manner that will be most compatible with the greatest public goo
and the least private injury.
(c) The property described in the resolution and
sought to be acquired is necessary for the proposed project.
(d) The offer required by Government Code Section
7267.2 has been made to the owners of record and ratified by the
Mayor and Common Council.
SECTION 8. Authorization to City Attorney.
The City Attorney of the City of San Bernardino is directed
to acquire in the name of the City of San Bernardino, the
property described in this resolution for the public use set
forth in this resolution by eminent domain proceedings in
Superior Court in accordance with the Constitution and laws of
the State of California.
The City Attorney is further authorized and empowered to:
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(a) Make a deposit with the Court of the probable
amount of compensation and to request and obtain from the Court
an order for possession of the property described in this
resolution prior to judgment and to take any action necessary to
acquire the property.
(b) To take any action necessary or appropriate to
acquire any temporary right of access to the property described
in this resolution and to adjacent property, which rights may be
necessary for construction of any planned improvements.
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 the
day of
, 1984, by the following vote, t<
wit:
AYES:
Council Members
NAYS:
ABSENT:
CITY CLERK
of
The foregoing resolution is hereby approved this
, 1985.
da]
Mayor of the City of San Bernardino
Approved as to form:
fi~~ ~e'~~
City ~torney
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EXHIBIT -A-
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS RESOLUTION IS SITUATED IN THE STATE
OF CALIFORNIA, COUNTY OF SAN BERNARDINO, AND IS DESCRIBED AS
FOLLOWS:
THE SOUTHWESTERLY 60 FEET OF THAT CERTAIN PARCEL DESCRIBED AS
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTIO
36, TOWNSHIP 2 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
SAID CORNER BEING ALSO THE SOUTHEAST CORNER OF LOT 1 OF SAID
SECTION, THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 1, 835 FEE
TO AN INTERSECTION OF SAID SOUTH LINE WITH THAT CERTAIN LINE
COMMONLY KNOWN AS THE PERRIN LINE, AS SHOWN ON GOVERNMENT PLAT
THEREOF, APPROVED JUNE 24, 1898, THENCE NORTH 64 DEG. WEST ALONG
SAID PERRIN LINE, 145 FEET TO THE TRUE POINT OF BEGINNING, THENC
CONTINUING ALONG THE SAID PERRIN LINE NORTH 64 DEG. WEST 740 FEE
TO A POINT, THENCE NORTH 2252 FEET, MORE OR LESS, TO THE NORTH
LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 36, THENCE EAST ALONG
SAID NORTH LINE 665.1 FEET, MORE OR LESS, TO A POINT DUE NORTH 0
THE TRUE POINT OF BEGINNING; THENCE SOUTH 2576.43 FEET, MORE OR
LESS, TO THE TRUE POINT OF BEGINNING.
EXHIBIT -A-