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HomeMy WebLinkAbout14-Risk Management '... --0_" ~I"'" OF SAN BERNARDhfO - REQU~T FOR COUNC~~ON From: Bruce H. Gadbois REe'c. - AIHllN.SOIIIJl;t: [985 /JOV f 2 AM 9' 35 Extension of Agreement with Fleming and Associates Dept: Risk Management Date: November 6, 1986 Synopsis of Previous Council action: 1981 - Entered into agreement. 1982 - Adopted one-year extension of agreement. 1983 - Adopted one-year extension of agreement. 1984 - Adopted one-year extension of agreement. Recommended motion: Adopt resolution. 4;2~ Contact person: Rruce H. Gadbois Phone: <;10R Supporting data attached: Staff Report Ward: FUNDING REQUIREMENTS: Amount: $ 5.160.00 001-452-53028 Source: 629 - 4 5 3 - 5 3 0 2 8 Finance: ~j a--.C' ~ Council NC'tes: 75-0262 AOfmno:l Itpm Nn ~ /'Y, ,,-~ - . CITY' OF SAN BERNARDlitO - REQU~ FOR COUNCIL ACTION STAFF REPORT The firm of Fleming and Associates provides assistance in the administration of our Workers' Compensation and liability programs. Their services include monthly loss experience data analysis and annual preparation of our Self-Insured Report to the State of California, The City has contracted for these services since 1981. The present extension will cover the period from July 1, 1985 to June 30, 1987. 11-6-86 75-0264 ... . 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION AND RATIFICATION OF A FOURTH AMENDMENT TO AGREEMENT WITH 3 FLEMING & ASSOCIATES RELATING TO A TWO YEAR EXTENSION OF AN AGREEMENT FOR THE ADMINISTRATION OF CITY'S LEGALLY UNINSURED 4 PROGRAM FOR ITS EMPLOYEES. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor of the City of San Bernardino is hereby 8 authorized and directed to execute on behalf of said City a Fourth 9 Amendment to Agreement, effective July 1, 1985, with Fleming & 10 Associates relating to a two year extension of an agreement for . 1] the administration of City's legally uninsured program for its 12 employees, a copy of which is attached hereto, marked Exhibit "A" 13 and incorporated herein by reference as fully as though set forth 14 at length. ]5 I HEREBY CERTIFY that the foregoing resolution was duly ]6 adopted by the Mayor and Common Council of the City of San ]7 Bernardino at a meeting thereof, held on 18 the day of , 1986, by the following vote, 19 to wit: 20 21 AYES: Council Members 22 NAYS: 23 ABSENT: 24 25 26 27 of City Clerk The foregoing resolution is hereby approved this day , 1986. 28 Mayor of the City of San Bernardino Approved as to form: ~J./~_ City ttorney 11-6-86 - ---- -- - - - 1 FOURTH AMENDMENT TO AGREEMENT 2 (Claims Administration - Workers' Compensation & General Liability 3 THIS FOURTH AMENDMENT TO AGREEMENT, effective as of July 1, 4 1985, is entered into between the CITY OF SAN BERNARDINO, a 5 municipal corporation, referred to as "City", and FLEMING & 6 ASSOCIATES, a California corporation, referred to as "Consultant". 7 City and Consultant agree as follows: 8 1. Recitals. 9 A. City and Consultant entered into an agreement on 10 August 14, 1981, and various amendments thereafter, relating to 11 the administration of City's legally uninsured program for its 12 employees pursuant to the workers' compensation laws of the State 13 of California, and of its self-insurance program for general 14 claims liability against City. 15 B. The parties now desire to amend the agreement dated 16 August 14, 1981, to provide for an additional two year extension 17 of the term. 18 2.~. The term of the agreement is extended for an 19 additional period of two years commencing July 1, 1985, and 20 terminating June 30, 1987, unless sooner terminated as provided in 21 the agreement dated August 14, 1981. 22 3. other Provisions. All other terms, conditions and 23 covenants of the agreement, as amended, shall remain the same and 24 be in full force and effect. 25 DATED: 26 CITY OF SAN BERNARDINO ATTEST: 27 28 By Mayor City Clerk I'" f.." '\ 11-6-86 '.. -- - - ~-,._--~'- ---~, ~- - - ,-~~~_.,-_. - . CIT'r OF SAN BERNARDlhd - REQUE~ FOR COUNCIL AC11i'ON F ,: Ralph H. Prince Subject: Outdoor Sales Permit Fee Dept: City Attorney Date: October 24. 1986 Synopsis of Previous Council action: 8/4/86 Council adopted MC-535 requiring a permit for parking lot sales and sidewalk sales. Recommen-led motion: Adopt resolution, // ' /. (Jtp~jJ--;-/ / Signature ,) ::~,; ~ -e ' Contact person: __ Cynthia Grace Phone: 5056 Supporting data attached: __ _ Yes Ward:_~ FUNDING REQUIREMENTS: Amount: None SOurce: N/ A Finance: Juncil Nc-tes: ....,n.."'.. AQenda Item No,_ "~-"-"'.''''--'''- ~ '-- CI1:- - OF SAN BERNARDlr.~ - REQUE"'T FOR COUNCIL AC-r-"'N .1J1f(I:.:l.<{,/H/' Pd-'~ STAFF REPORT Ordinance No. MC-535, adopted August 4, 1986, permits parkiny lot and sidewalk sales in C-l Districts subject to a permit. The ordinance further provides that permit fees shall be established by resolution of the Mayor and Common Council. The Ausiness License Supervisor recommended that the resolution establish the fee at $25.00. ]s.0264 /pl:J#~ 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FEE TO COVER THE COSTS OF PERMITS FOR OUTDOOR SALES. 3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 4 CITY OF SAN BERNARDINO AS FOLLOWS: 5 SECTION 1. Pursuant to Section 5,22.020 of the San 6 Bernardino Municipal COde, a fee of $25,00 shall be charged for the issuance of-a~SButdoor sales permit. I 8 I HEREBY CERTIFY that the foregoing resolution was duly 9 adopted by the Mayor and Common Council of the City of San 10 Bernardino at a meeting thereof, held on 11 the 12 wit: day of , 1986, by the following vote, to 13 14 AYES: Council Members 15 16 17 18 19 20 21 22 of 23 24 25 NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day , 1986. Mayor of the City of San Bernardino 26 Approved as to form: 27 /&p~~ 28 City Attorney 11/3/86 1 ~DINANCE NO. ML~535 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 5.22 AND AMENDING TITLE 19 OF THE SAN BERNARDINO MUNICIPAL CODE TO 3 REQUIRE A PERMIT FOR AND DEFINITION OF PARKING LOT SALES AND SIDEWALK SALES, AND TO PERMIT PARKING LOT SALES AND SIDEWALK 4 SALES IN C-1 DISTRICTS SUBJECT TO A PERMIT. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 6 7 SECTION 1. Chapter 5.22 is added to the San Bernardino 8 Municipal Code to read: 9 10 "CHAPTER 5.22 OUTDOOR SALES AND DISPLAYS 11 5.22.010 Permit required. 12 It is unlawful for any person, firm or corporation to 13 conduct a 'parking lot sale' or 'sidewalk sale', except upon 14 issuance of a permit by the City Clerk. 15 5.22.020 Permit - Fee. 16 The permit fee shall be established by resolution of the 17 Mayor and Common Council. 18 5.22.030 Permit - Issuance. 19 A. Said permits shall be issued only to persons holding an 20 active business license at the time of the application for such 21 permit, and such permit shall be kept on the premises while in 22 force. 23 B. A permit shall not be issued for the same location more 24 than four times in any calendar year and not more than once 25 within any thirty day period. The permit shall be valid for 26 nine calendar days, including holidays. The beginning and ending 27 date of the sale shall be stated in the permit. 28 1 ~1 / tI, 1 5.22.040 Limited outdoor displays permitted. 2 Limited outdoor displays of merchandise may be permitted 3 without a permit pursuant to Section 5.22.010, as long as the 4 following criteria are met: 5 A. No merchandise shall be displayed in public rights-of- 6 way. 7 B. No merchandise shall be displayed in areas required to 8 meet the parking specifications set forth in Chapter 19.56. 9 C. No merchandise shall be displayed in areas required to 10 meet the landscaping standards set forth in Section 19.56.120. 11 D. No merchandise shall be displayed in such a way that it 12 creates a public safety hazard. 13 E. The display of merchandise shall be restricted to those 14 sides of the building where customer entrances are located. 15 SECTION 2. Section 19.04.457 is added to the San Bernardino 16 Municipal Code to read: 17 "19.04.457 Parking lot sale. 18 'Parking lot sale' means a promotional sales event conducted 19 cy one or more businesses, which is held outside the confines of 20 the commercial or manufacturing building or buildings in which 21 such business is normally conducted, and which sale involves the 22 outdoor display, within a paved area on the same lot as the 23 building, of merchandise which is normally displayed within the 24 building." 25 SECTION 3. Section 19.04.487 is added to the San Bernardino 26 Municipal Code to read: 27 "19.04.487 Sidewalk sale. 28 2 i'); A" 1 'Sidewalk sale' means a promotional sales event conducted by 2 one or more businesses, which is held outside the confines of the 3 commercial or manufacturing building or buildings in which such 4 business is normally conducted, and which sale involves the 5 outdoor display, within a paved area on the same lot as the 6 building, of merchandise which is normally displayed within the 7 building." 8 SECTION 4. Section 19.24.020 Subsection A of the San 9 Bernardino Municipal Code is amended to read: 10 "A. Retail stores of the following types conducted wholly 11 within an enclosed structure. No outdoor display of merchandise 12 other than motor vehicles shall be permitted unless approved 13 under Chapter 5.22 pertaining to outdoor sales and displays: 14 1. Bakery employing not more than five persons; 15 2. Book store; 16 3. Confectionery store; 17 4. Drugstore; 18 5. Drygoods or notions store; 19 6. Florist or gift shop; 20 7. Grocery, fruit, or vegetable store; 21 8. Hardware or electrical appliance store; 22 9. Jewelry store; 23 10. Meat market or delicatessen store; 24 11. Packaged ice station; 25 12. Photographic supplies store; 26 13. Stationery store." 27 28 3 i'/~/,? 1 SECTION 5. Section 19.24.020 Subsection E of the San 2 Bernardino Municipal Code is amended to read: 3 "E. Outdoor sales and displays. Parking lot sales or 4 sidewalk sales conducted under the provisions of Chapter 5.22." 5 SECTION 6. Section 19.24.020 Subsection F is added to the 6 San Bernardino Municipal Code to read: 7 "F. Other. Such other uses as the Commission determines to 8 be similar." 9 I HEREBY CERTIFY that the foregoing ordinance was duly 10 adopted by the Mayor and Common Counc il of the City of San 11 Bernardino at a regular meeting thereof, held on 12 the 4th day of August 1986, by the , 13 following vote, to wit: 14 15 16 17 18 19 20 21 22 of 23 24 AYES: Council Members Estrada, Reilly, Hernandez, Frazier, Strickler NAYS: Council Member Marks ABSENT: Council Member Quie1 .h//#lf?/Lli?~ /' Ci ty Clerk The foregoing August ordinance is hereby approved this 6th day , 19860 / J 7 ~ G.~(<--v../ / '/ ~~. Mayor of/the City of San Bernardino 25 Approved as to form: 26 A'J~ 0 27 28 ;y~ A" 4