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09/23/199922795 Barton Road Grand Terrace iforma 92313-5295 Civic Center (909) 824-6621 Fax(909) 783-7629 Fax(909) 783-2600 Byron R Matteson Mayor Dan Buchanan Mayor Pro Tempore Herman Hilkey Jim Smgley Lee Ann Garcia Council Members Thomas J Schwab City Manager FILE COPY September 23, 1999 CITY OF GRAND TERRACE CRVCITY COUNCIL REGULAR MEETINGS 2" AND 4' Thursday - 6:00 p.m. Council Chambers Grand Terrace Civic Center 22795 Barton Road Grand Terrace, CA 92313-5295 1 1 M �. LZ_� I !� l R CITY COUNCIL CHAMBERS GRAND TERRACE CIVIC CENTER 22795 Barton Road SEPTEMBER 23, 1999 600PM TIM CM OF GRAM TE CH COIO't5 W' xSORWA S ACrOV Imo. EV YOU R9QV= SFFkUL ASSWARM TO FARTICIPAW IN THE WETWO, PIZASE CALL TBE CITY M'$ OMCK AT(9491824.6621 ATLLAn4jaIIOVMIWOIt.To TRR AUMTO IFYOU DERSUMTO.ADDR09THE CffY COVKMDUI iGTMvmTwG,-o 'OBamwUMI:RPUBUC COMUNT, YOU AREA B TO RX= COW TRAJMQ1kJ.RSrTOMAN FORM AVARA= AT =9 ENTRMCKAPOPMENTITTOTHEMYCLERX SPxAzmw&LBEI; i R BV TOR 11 Ay,0R. AT TW APPROPRIATE TIC,. * Call to Order - * Invocation - Pastor Sahm Elias, Azure Hills Seventh-Day Adventist Church * Pledge of Allegiance - * Roll Call - STAFF COUNCII. AGENDA ITEMS RECOMMENDATION ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY Approve 1 Approval of 09-09-99 Minutes 2 Approval of Check Register CRA092399 Approve ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL MEETING 1 Items to Delete 2 SPECIAL PRESENTATIONS A. Swear In New Council Member - Don Larkin 3 CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial They will be acted upon by the Council at one tune without discussion Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent Calendar for discussion. Approve A Approve Check Register 092399 B Ratify 09-23-99 CRA Action C Waive Full Reading of Ordinances on Agenda D Approval of 09-09-99 Minutes Approve E Authorization for Don Larkin to Attend League of Authorize California Cities Annual Conference F Notice of Completion - Slurry Seal Program GTB-99-01/ Accept/Authonze GTC-99-08 PENDING C RA APPROVAL REGULAR MEETWG - SEP1'nMER 9, 1999 A regular meeting of the Community Redevelopment Agency, City of Grand Terrace, was held in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on September 9, 1999, at 6:00 p m PRESENT: Byron Matteson, Chairman Dan Buchanan, Vice -Chairman Herman Hilkey, Agency Member Lee Ann Garcia, Agency Member Tom Schwab, Executive Director John Donlevy, Assistant City Manager Brenda Stanfill, City Clerk Patnzia Materassi, Community and Economic Development Director Virgil Barham, Building & Safety Director John Harper, City Attorney Lt Pete Ortiz, Shenff s Department ABSENT: None APPROVAL OF AUGUST 26 1999 MINUTES CRA-99-57 MOTION BY AGENCY MEMBER HICKEY, SECOND BY AGENCY MEMBER GARCIA, CARRIED 4-0, to approve the August 26, 1999 Community Redevelopment Agency Minutes CRA-99-58 MOTION BY AGENCY MEMBER HILKEY, SECOND BY VICE CHAIRMAN BUCHANAN, CARRIED 4-0, to approve Check Register CRA090999 CRA-99-59 MOTION BY AGENCY MEMBER HICKEY, SECOND BY VICE-CHAIRMAN BUCHANAN, CARRIED 4-0, to add Real Estate Negotiation at 22616 Pico Street as a closed session item to the Agenda Chairman Matteson temporarily adjourned the Community Redevelopment Agency Meeting at 6 10 p m CLOSED SESSION - REAL ESTATE NEGOTIATIONS AT 22616 PICO STREET r CRA AGENDA ITEM NO. PENDING C R _APPROVAL PAGE 1 CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY DATE: SEPTEMBER 23, 1999 CHECK REGISTER NO: 092399 OUTSTANDING DEMANDS AS OF: SEPTEMBER 23, 1999 CHECK NO, VENDOR DESCRIPTION AMOUNT 13075 CASH CASHIERS CHECK TO LAW OFFICES OF STEVEN J MELMET TO BID ON PROPERTY AT 22678 PALM 110.000 00 13077 MANAGED HEALTH NETWORK HEALTH NETWORK INSURANCE, SEPT 1999 3044 42505 ADDINGTON CONSULTING ENGINEERING ENGINEERING SERVICES FOR 22US PALM 1,50000 42513 DAN BUCHANAN STIPENDS FOR SEPTEMBER, 1999 15000 42514 CA REDEVELOPMENT ASSOCIATION PUBLICATIONS 6319 42519 COMPREHENSIVE PLANNING SERVICES FOLLOW-UP ON SCAG RHNA LOW MOD COUNTS 6750 42526 LEE ANN GARCIA STIPENDS FOR SEPTEMBER, 1999 15000 42528 CITY OF GRAND TERRACE WASTE WATER DISPOSAL SERVICES FOR HOUSES UNDER REHABILITATION 4440 42531 HERMAN HILKEY STIPENDS FOR SEPTEMBER, 1999 15000 42537 JOHN LAMPE TEMP PLANNER 9/1-9/14/99 49842 42538 DON LARKIN STIPENDS FOR SEPTEMBER, 1999 7500 42542 BYRON MATTESON STIPENDS FOR SEPTEMBER, 1999 15000 42544 SCOTT MORRISON & ASSOCIATES ASBESTOS INSPECTIONS AT 22816 PICO AND 11891 PRESTON 57000 42548 CATHY PERRING TEMP PLANNER 92-9/3/99 21500 42549 PETRA WEST PROGRESS PAYMENT FOR REHABILITATION OF 12730 MIRADO 10,610 55 42550 PETRA WEST PROGRESS PAYMENT FOR REHABILITATION OF 22618 PICO 5,04320 42554 PROTECTION ONE SECURITY FOR HOUSING REHABILITATION BUILDING, OCT -DEC, 1999 4125 42555 MARIA RODRIGUES JANITORIAL SERVICES FOR HOUSING REHABILITATION BUILDING, AUGUST, 1999 8000 PAGE 1 PENDI CITY COUNCIL APPROVAL CITY OF GRAND TERRACE DATE _ SEPTEMBER 23, 1999 _ _ OUTSTANDING DEMANDS AS OF CHECK REGISTER NO' SEPTEMBER 23, 1999 092399 _ CHECK NO, VENDOR DESCRIPTION AMOUNT 13076 YOLANDA MARTINEZ PAYROLL TERMINATION CHECK 3429 13077 MANAGED HEALTH NETWORK HEALTH NETWORK INSURANCE FOR SEPTEMBER, 1999 47986 13078 I E E P MEETING, COMMUNITY DEVELOPMENT DIRECTOR 2000 13079 CAROLYN REED BIRTHDAY BONUS 5000 13080 KEVIN CARROLL BIRTHDAY BONUS 5000 13081 PERS RETIREMENT FOR PAYROLL ENDING 9/3/99 3.95706 13082 PETTY CASH REIMBURSE PETTY CASH -CHILD CARE 33066 13083 PEBSCO DEFERRED COMPENSATION INVESTMENT, JULY, 1999 10,181 41 13084 PEBSCO DEFERRED COMPENSATION INVESTMENT, AUG, 1999 10,751 47 13085 STANDARD INSURANCE COMPANY DISABILITY INSURANCE FOR SEPTEMBER, 1999 72845 13086 CITY OF GRAND TERRACE CHILD CARE EMPLOYEE CHILD CARE SERVICES FOR JULY & AUG, 1999 2,376 44 13087 RICHARD ROLLINS OPEN/CLOSE AND MAINTENANCE OF PARKS, AUG, 1999 71000 13088 INLAND EMPIRE LCC MEMBERSHIP MEETING 15000 42503 AA EQUIPMENT RENTALS COMPANY MAINTENANCE EQUIPMENT PARTS 1919 0 0 42504 ACCENT PRINT & DESIGN BROCHURES, TOUR -DE -TERRACE 30654 C 42505 ADDINGTON CONSOLING ENGINEERING ENGINEERING SERVICES FOR COMMUNITY DEVELOPMENT 0 AND BUILDING AND SAFETY 2,62000 1" 42506 AIRBORNE EXPRESS EXPRESS MAIL 16 50 G) 42507 AMATEUR ELECTRONICS COAX CABLE, EMERGENCY OPERATIONS CENTER 5190 42508 APPLIANCE DOCTOR REPAIR REFRIGERATOR, CHILD CARE 3000 42509 ARROW STRAIGHT STREET STRIPING 9,44544 42510 ARROW TRUCK BODIES/EQUIPMENT INSTALL DUMP BED/REPAIRS FOR CITY TRUCK 5,31100 42511 ASSOC/ENVIRONMENTAL PROF MEMBERSHIP 19992000 8000 42512 BOOT BARN BOOTS FOR MAINTENANCE DEPARTMENT 20451 42513 DAN BUCHANAN STIPENDS FOR SEPTEMBER, 1999 25000 42515 STATE OF CALIFORNIA ELECTRIC FOR LIGHTS AT BARTON215, JULY, 1999 3436 42516 CHAMPLAIN PLANNING PRESS PLANNING COMMISSIONER JOURNALS 8000 �.J PAGE 3 DATE' SEPTEMBER 23. 1999 OUTSTANDING DEMANDS AS OF' 42551 PETTY CASH 42552 KATHY PIERSON 42553 PLAY WITH A PURPOSE 42554 PROTECTION ONE 42556 SAN BERNARDINO SUN 42557 COUNTY OF SAN BERNARDINO 42558 COUNTY OF SAN BERNARDINO 42559 COUNTY OF SAN BERNARDINO 42560 SIGNAL MAINTENANCE 42561 SMART & FINAL IRIS COMPANY 42562 SOUTHERN CA GAS COMPANY 42583 STAPLES 42564 SYLVANADENTIX 42565 SYSCO 42588 SHERVIN TEHRANCHI 42587 CHRISTIE THIERRY 42568 TRANSPORTATION ENGINEERING 42509 U S TOY COMPANY, INC 42570 ULTIMATE INTERNET ACCESS 42571 UNDERGROUND SERVICE ALERT 42572 JEANNINE VASQUEZ 42573 WALMART 42574 WALMART 42575 WAXIE 42576 WESTERN EXTERMINATORS 42577 XEROX CORPORATION CITY OF GRAND TERRACE CHECK REGISTER NO. 092399 SEPTEMBER 23, 1999 REIMBURSE GENERAL PETTY CASH -FINANCE 15508 INSTRUCTOR, TINY TUMBLER AND GYMNASTICS 71978 PROGRAM SUPPLIES FOR CHILD CARE 6260 SECURITY, CIVIC CENTER/ BUILDING & SAFETY, OCT -DEC ,1999 11475 AD, PLANNING TECH AND SUBSCRIPTION FOR ONE YEAR 19792 BOOKING FEES FOR NOV ,1997 (LOST INVOICE), JULY/AUG ,1999 4,493 72 LAW ENFORCEMENT/ CRIME PREVENTION OFFICER, SEPT, 1999 80,442 00 DUMPING CHARGES FOR AUGUST, 1999 85244 SIGNAL MAINTENANCE FOR AUGUST, 1999 30352 PROGRAM SUPPLIES FOR CHILD CARE 14896 GAS FOR CITY OWNED FACILITIES 18281 OFFICE SUPPLIES 51924 EMPLOYEE FINGERPRINT/BACKGROUND CHECK 9500 FOOD FOR CHILD CARE CENTER 1,23095 INSTRUCTOR, KARTE AND TODDLERATE 51500 REIMBURSEMENT FOR TRAINING SEMINAR 3717 ENGINEERING, COMMUNITY DEVELOPMENT DEPARTMENT 2,89500 PROGRAM SUPPLIES FOR CHILD CARE 5610 WEB SITE MAINTENANCE, THREE MONTHS 38500 ALERT NOTIFICATION FOR AUGUST, 1999 4750 RECREATION PROGRAM MONITOR 17888 PROGRAM SUPPLIES FOR CHILD CARE 8558 PROGRAM SUPPLIES FOR CHILD CARE 5850 JANITORIAL SUPPLIES FOR CHILD CARE CENTER 27663 PEST CONTROL FOR CITY OWNED FACILITIES 15500 MAINTENANCE, USAGE, AND SUPPLIES FOR XEROX COPIERS 73947 CITY OF GRAND TERRACE PENDING'- - COUNCIL AR - CITY COUNCEL MINUTES A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on September 9, 1999 at 6 00 p.m FRESEN1,16 Byron Matteson, Mayor Dan Buchanan, Mayor Pro Tem Herman Hilkey, Councilmember Lee Ann Garcia, Councilmember Tom Schwab, City Manager John Donlevy, Assistant City Manager Brenda Stanfill, City Clerk Patnzia Materassi, Community and Economic Development Director Virgil Barham, Building & Safety Director John Harper, City Attorney Lt Pete Ortiz, Shenff s Department ABSENT: None The meeting was opened with invocation by Councilman Herman Hilkey, followed by the Pledge of Allegiance led by Mayor Pro Tem Dan Buchanan ITEMS TO DELETE - None SPECIAL PRESENTATIONS 2A Present Plaque to Yolanda Martinez Mayor Matteson presented Yolanda Martinez a plaque in appreciation for her ten years of outstanding service to the City of Grand Terrace Councilmember Garcia presented a gift from the Council and thanked her for all of her dedication and hard work CONSENT CALENDAR CC-99-143 MOTION BY COUNCILMEMBER HILKEY, SECOND BY COUNCILMEMBER GARCIA, CARRIED 4-0, to approve the following consent calendar items 3A 3B 3C 3D Approval of Check Register No 090999 Ratify 09-09-99 CRA Action Waive Full Reading of Ordinances on Agenda Approval of 08-26-99 Minutes COUNCIL AGENDA ITEM NQ.J ,-,L 3D M Council Mmutes September 9, 1999 Page 3 to Construct Traffic Signal and Roadway Improvements Required as Outlined in the Circulation Element Update Study CC-99-144 MOTION BY MAYOR PRO TEM BUCHANAN, SECOND BY COUNCII.MEMBER GARCIA, CARRIED 4-0, to continue the Traffic Signal and Circulation Improvement Fee Ordinance to be Used by the City to Construct Traffic Signal and Roadway Improvements Required as Outlined in the Circulation Element Update Study to December 9, 1999 6B An Ordinance of the City of Grand Terrace Granting a Non -Exclusive Franchise to Comcast Cablevision of Inland Valley, Inc to Construct Operate and Maintain a Cable Television System in the City of Grand Terrace and Setting Forth Conditions Accompanymg the Granting of the Franchise CC-99-145 MOTION BY MAYOR PRO TEM BUCHANAN, SECOND BY COUNCILMEM[BER HILKEY, CARRIED 4-0, to continue An Ordinance of the City of Grand Terrace Granting a Non -Exclusive Franchise to Comcast Cablevision of Inland Valley, Inc to Construct Operate and Maintain a Cable Television System in the City of Grand Terrace and Setting Forth Conditions Accompanying the Granting of the Franchise to September 23, 1999 - None NEW BUSINESS 8A Appoint Voting Alternate for the League of California Cities Annual Conference CC-99-146 MOTION BY COUNCELMEMBER GARCIA, SECOND BY MAYOR PRO TEM BUCHANAN, CARRIED 4-0, to appoint Councilmember Hilkey as the voting alternate at the League of California Cities Annual Conference Mayor Matteson adjourned the City Council Meeting at 6 30 p m , until the next CRA/City Council Meeting which is scheduled to be held on Thursday, September 23, 1999 at 6 00 p m CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace STAFF REPORT CRA ITEM () COUNCIL ITEM (X� MEETING DATE September 23, 1999 SUBJECT COUNCIL TRAVEL TO THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN SAN JOSE Newly appointed Council Member Don Larkin has expressed an interest in attending the League of California Cities Annual Conference in San Jose, October 10-12, 1999 Sufficient funds are available in the budget to cover the costs Staff Recommends Council AUTHORIZE COUNCIL MEMBER LARKIN TO ATTEND THE ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE IN SAN JOSE, OCTOBER 10-12, 1999 COUNCIL AGENDA REM N0.3E Community Services Department Staff Report COUNCIL ITEM (XX) MEETING DATE SEPTEMBER 23, 1999 SUBJECT NOTICE OF COMPLETION 1999 SLURRY SEAL PROGRAM GTB 99-01 NO FUNDING REQUIRED BACKGROUND - In May, 1999, the City Council awarded Bid No GTB 99-01 to California Pavement Maintenance (CPM) for the 1999 Slurry Seal Program The project included approximately 3 6 million square feet of roadway, covering Mt Vernon and all streets on the westerly portion of the City During the months of July and August, CPM proceeded with the project and completed all required areas All streets were completed as per the contract and one was recently added (Grand Terrace Rd ) which was not included in the project Staff is now recommending that the City Council approve the project and authorize the filing of a notice of completion The original bid on the project was $166,861 87 with a contingency of $16,000 00 The final costs are as follows 1 Total Project Costs with Staff authonzed/managed changes $158,287 47 2 Change Order for Additional Rollmg of Project $4,720 00 3 Change Order for Saturday Overtime to Accommodate businesses $1,220 38 4 Addition of Segment of Grand Terrace Rd not in contract $1,700 00 Total $165,927 85 After all changes and additions, the project was $934 02 under the original bid and $16,934 02 under the total budget RECOMMENDATION That the City Council 1 Accept the 1999 Slurry Seal Project (GTB 99-01) and 2 Authorize the City Clerk to file a Notice of Completion FISCAL E1IPACT• A project savings of $16,934 02 wluch will be reallocated into the Gas Tax Fund COUNCIL AGENDA ITEM NO: 3F CITY OF GRAND TERRACE CREWE PREVENTION COMIVII ME Regular Meeting MINUTES August 9,1999 SEP 14 1999 CRY CLERK The Grand Terrace Crime Prevention Committee met for the regular monthly meeting at the Senior Center, Grand Terrace, California at 1800 hours MEMBERS PRESENT: Philomena Spisak, Chairperson, Bitsy Bemor, Vice Chairperson, JoAnn Johnson, Jaclae Kiacz, Claire McElwee, Dottie Raborn, Lewis Neeb and Dick Rollins MEMBERS ABSENT: Mike Fasenmyer arrived late due to prior commitments CITY STAFF: Tom Schwab, City Manager Tanya Cahill, Community Services Officer was absent due to a vacation SHERIFF'S DEFT: There was no representative from the Department attending this meeting GUESTS PRESENT Bob Stewart, Citizen Patrol member MINUTES: The minutes of the meeting of July 12,1999 were distributed to the members present for acceptance Jackie Kiacz made a motion to accept the minutes as written with JoAnn Johnson making the second CORRESPONDENCE: There was no written correspondence submitted to the Committee for this meeting BUDGET: Tom Schwab spoke on how the budget works in relation to the Crime Prevention Committee That we are to work through our Community Services Officer on expenditures for the Committee and Crime Prevention such as budget items requested i e programs, camera equipment and other safety programs The current amount listed under the committee's budget balance is $14,800 00 as of this date COUNCIL AGENDA ITEM N0.1 5PICI 1 CITY OF GRAND TERRACE EMERGENCY OPERATIONS COI EMff fEE S E P 141999 CITY OF GRAND TERRACE CITY CLERK July 12, 1999 CALL TO ORDER: The meeting was called to order by Gary Eldridge at 7 10 p m. PRESENT: Gary Eldridge, Vic Pfenmghausen, Bob Souter, and Darla Wertz GUESTS PRESENT: John Donlevy APPROVAL OF MINUTES: Nfimrtes of June 7, 1999, meeting were approved EQUIPMEENT/FACIIITY REPORT: 1 Radio equipment is all operational 2 Vic ordered and received new hthmm batteries for the hand held radios 3 Vic is still checking out mhne water fibers for the generator 4 Vic will do a 2 to 3 day test run of the generator this fall COUNCIL AGENDA fTEM NO.�Z DATE: September 17, 1999 CRA ITEM () COUNCIL ITEM ( % ) MEETING DATE: September 23, 1999 SUBJECT: Request to Proceed with Adopt -A -Park Program The Park and Recreation Committee is requesting that the Council approve an Adopt -A -Park Program for the City of Grand Terrace Parks and Recreation It is requested that all funds be used only for park maintenance, parks and recreation personnel and recreation programs and that it be managed by the Park and Recreation Committee Respectfully, Sarah Green Secretary Grand Terrace Park and Recreation Committee COUNCIL AGENDA ITEM NO.�7&1 REPORT CRA ITEM (X) COUNCIL ITEM ( ) MEETING DATE September 23, 1999 _ SUBJECT COMCAST FRANCHISE RENEWAL FUNDING REQUIRED NO FUNDING REQUIRED X In 1982, the City of Grand Terrace solicited proposals for installation of a Citywide cable television system for the City of Grand Terrace The ultimate successful bidder was Teleprompter Cable Television, which subsequently was acquired by Group W Cable and then acquired by Comcast The franchise was a fifteen -year -nonexclusive francluse winch has currently expired Comcast is proposing a new nonexclusive franchise to construct, operate and maintain a cable system within the City of Grand Terrace The franchise period is, again, for fifteen years, but it should be clear that the franchise is nonexclusive and does not prevent the City Council from granting another nonexclusive franchise The franchise proposes that the grantee will pay the city a franchise fee of 5% of all gross revenues derived from the Operational Cable Television System winch also defines the insurance requirements and bonding needed in the performance of the francluse The original franchise granted to Teleprompter in 1982 did allow rate regulations However, the Federal Cable Act and Federal Communications Commission (FCC) regulations have made cable rates not regulated by the fi-anchismg authority There has been discussion amongst the Council as to the timing and the availability of the system rebuild, otherwise referred to as broadband communication at 750 megahertz, which will provide a Citywide channel capacity of more than 100 stations It will also make available lugh-speed cable modem service to each household and business within the City of Grand Terrace The franchisee shall have installed all necessary equipment to have the upgrades available to our customers by October 31 of the year 2000 or approximately 13 months from this day The franchisee has agreed to provide the equipment specified in Exhibit A winch is to upgrade the broadcast and audio equipment for the City Council Chambers The total cost of the equipment and installation paid for by the franchisee is $50,000 COUNCIL AGENDA REM Nq j(J� 22795 Barton Road Grand Terrace lilifornia 92313-5295 Civic Center (909) 824-6621 Fax (909) 783-7629 Fax (909) 783-2600 Byron R Matteson Mayor Dan Buchanan Mayor Pro Tempore Herman Hilkey Jim Singley Lee Ann Garcia Council Members Thomas J Schwab City Manager April 13, 1999 Rick Germano, General Manager Comcast Cable Cablevision 1205 Dupont Street Ontario, CA 91761 RE Equipment Purchase List City Council Chamber Dear Rick Pursuant to the Franchise Negotiations and over the past few months, John W Donlevy, Jr of the City Staff have been working with Rob Van Red of Comcast to develop a listing of equipment to be supplied to the City of Grand Terrace to upgrade the broadcast quality of our City Council Meetings Asa result of their efforts, the following is a breakdown of the equipment the City would like purchased at a total cost of $50,000 1 Equipment. Attached is a proposal submitted from Hoffman Video for the upgrading of the broadcast equipment for the Council Chamber The total cost is $42,513 59 2 Television/VCR Combination Units: The City requests that four (4) Panasonic television/vcr units be purchased from Mr TV Video in Grand Terrace (909) 824-2500) at a price of $2,200 00 3 Computers for Presentations $4,286 will be paid to the City of Grand Terrace toward the purchase of two (2) notebook computers for use by the staff in the development and use in making presentations at the City Council Meetings 4 Council Chamber Audio System $1,000 is to be allotted toward the tune-up of the existing audio system in the Council Chamber Suntronics of Upland has previously performed maintenance on the system and may be the most qualified to perform this task The City of Grand Terrace is ready to begin the installation immediately It is requested that Comcast coordinate with John W Donlevy, Jr and Hoffman Video on the installation to ensure the upgrades are compatible with the Comcast equipment for the cable cast of the meetings If you have any questions, please do not hesitate to contact me at (909) 824-6621 Sincerely, Thomas J Schwab City Manager an video Systenss crauNciL CHAW8ER SYs,*M 1.0 INTRODUCTION Hoffman Video Systems is a California Corporation with strong roots in the Los Angeles Community We employ over 45 people and have offices in Los Angeles, Orange and San Diego Counties Hoffman's involvement in the audiovisual industry dates to the 1940's, when we built radios and televisions for the consumer market We are now one of the Southland's largest and most experienced video systems houses, with in house service, engineering and installation services and an impressive track record for supplying a quality product in a timely manner Hoffman Video Systems is pleased to present this report, recommending audiovisual equipment and expertise for provision of a video capture and new video council chamber system We believe this to be a fast track job, the net result of which will be to create a facility with remote operable three -camera acquisition system connected to an easy to use operational control console Our role will be to quickly integrate ourselves with the team from the offices of the Assistant City Manger, show everyone how the AN equipment will impact their portions of the project and supply a working equipment package which meets the City of Grand Terrace requirements And we will work within your deadlines Hoffman Video Systems employs the finest personnel and methods to create their video systems, and will utilize an experienced team of Hoffman engineers, an internal project manager and outside suppliers on this project While the technology recommended is of the newest iteration, we have built many similar systems and are confident that we can build such a system in a short period of time and at a reasonable price RECOMMENDATION REPORT FOR SUPPLY AND INSTALLATION OF GRAND TERRACE COUNCIL CHAMBERS HOFFMAN VIDEO SYSTEMS 1049 FLOWER STREET GLENDALE, CALIFORNIA 91201 (The material in this proposal is proprietary to HVS and may not be provided to a third party without prior written consent ) 11 an video syste�sss {, s - -- COUNCIL YIM 2 2 Installation Hoffman will execute all work necessary to make the video system function as specified Hoffman sees the placement of equipment Into place and bommissioning as requiring between 8-12 continuous normal working days, Interface with facilities management has been provided, air conditioning, power, video and computer sources are available and mutually determined access to site is available Hoffman's offered price for installation is based on these assumptions and if they will not exist, an altered installation price will have to be established The installation services offered are as follows • Positioning all equipment into place (space has been prepared to Hoffman's specifications by client ) L1 • Terminating video, audio and system cables and making all system connections • Installation of video camera system and video control console • Configuration and calibration of all video and control equipment • Connection and interfacing to all existing equipment that is considered part of the system • Equipment testing and acceptance testing of complete system Provision of adequate power, HVAC systems, video display millwork will be provided by others prior to installation Power and conduit shall be provided by the City of Grand Terrace All dust producing work will also be completed before the installation begins Others will provide finishing of the room and decor surrounding the council chambers Hoffman has not included the provisions for the functionality of any computer / data networks or RF transmitted television sources and only connecting to the devices which will be provided by others If this source equipment will not be available during the installation of the this system, RECOMMENDATION REPORT FOR SUPPLY AND INSTALLATION OF GRAND TERRACE COUNCIL CHAMBERS HOFFMAN VIDEO SYSTEMS 1049 FLOWER STREET GLENDALE CALIFORNIA 91201 (The material to this proposal is propnetary to HVS and may not be provided to a third party without prior written consent ) iouninan Video Syste/sss COUNCILCHAM8ER.$y§T=EM Factory Training Courses �' 2 4 Contractor Quabfications iJ EXPERIENCE Please refer to the enclosed company profile which verifies in detail Hoffman Video Systems' long history of integrated systems sales since 1978 We have over twenty years of experience with projects similar or of greater complexity in scope as requested by the City of Grand Terrace LIST OF REFERENCES The following references are projects that have been successfully completed recently by Hoffman Video Systems Please see our attached company profile for a more extensive reference list Civic Arts Plaza — City of Thousand Oaks Designed, engineered, and installed a complete turnkey civic theater facility including theatrical sound system, television production system, RF distribution and conference room media system Contract amount $2,000,000 Date completed March 15, 1995 Name/telephone of contact Mr Carl Jarecky (805) 449-2112 Hometown Television, City of Long Beach -Video Communication Division Designed, supplied, installed a complete television studio and master control room Contract amount $175,000 Date completed December 1, 1996 RECOMMENDATION REPORT FOR SUPPLY AND INSTALLATION OF GRAND TERRACE COUNCIL CHAMBERS HOFFMAN VIDEO SYSTEMS 1049 FLOWER STREET GLENDALE CALIFORNIA 91201 (The material in this proposal is proprietary to HVS and may not be provided to a third party wdhout pnor written cons -sent) maniiui N - COUNCIL. 64AMSM SYSTEM 3 0 WARRANTY 3.1 Standard Warranty A one-year Warranty is extended for the bulk of the equipment offered in this proposal Hoffman will provide warranty service for equipment manufactured by others which Hoffman will integrate into this package Standard warranty covers depot service only The cameras' optic block and CCD-elements are under two year warranty Further details can be found in Hoffman's Standard Terms and Conditions 3 2 Gold Warranty Under Hoffman's Gold Warranty Program, the following services are provided • Priority Service Response • Unlimited Telephone Support • Four Hour Telephone Response • Unlimited On Site Support within 24 hours of call • Parts Repair and/or Replacement • CRT Failure Support • Hardware/Software Reliability • Preventative Maintenance Visits, Quarterly, or more as required Gold Warranty Services Quotations are available for this job upon request by the City of Grand Terrace RECOMMENDATION REPORT FOR SUPPLY AND INSTALLATION OF GRAND TERRACE COUNCIL CHAMBERS HOFFMAN VIDEO SYSTEMS 1049 FLOWER STREET GLENDALE CALIFORNIA 91201 (The material in this proposal is proprietary to HVS and may not be provided to a tturd party without prior written consent ) so r 1111101111 . an video systeisss CDUNGiI, CH"BEi SY8"C��1 4 0 EXCLUSIONS Hoffman Video Systems' proposal specifically excludes the following services unless otherwise stated Plenum Cable Structural attachments Electrical contracting work including provision of conduit, low voltage and high voltage wire pulling, and AC power regulation and distribution to the display Any necessary air circulation equipment (fans), air conditioning or air filtering equipment, which might be necessary Insurance for equipment once it has been delivered to site Any cost above and beyond the Hoffman installation rate which may be required to employ Union laborers to use in Hoffman's scope of work due to local labor laws Any additional costs to Hoffman or the customer due to delays in the installation that is outside the control of Hoffman Any sales tax or work permits RECOMMENDATION REPORT FOR SUPPLY AND INSTALLATION OF GRAND TERRACE COUNCIL CHAMBERS HOFFMAN VIDEO SYSTEMS 1049 FLOWER STREET GLENDALE CALIFORNIA 91201 (The material in this proposal is proprietary to HVS and may not be provided to a third party without prior written consent ) In h w Huffin n Video Systems Page 1 Prepared For, City of Grand Terrace Confidential Proposal iDATE 02/17/1999 22795 Barton Road This proposal Is cones Grand Terrace CA 92313 5295 Any use of Ws provost for NO 02 I (PROPOSAL sokftflon of bids from oews is Attn John W Donlevy Jr sUk* prot0fted and may rest& (REVISION NO 2i Phone 909 824-6621 �in consu" fees b&q ehugad Fax 909 783-7629 Total Value $42.513.59 Regarding ITEM QTY MFG MODEL M DESCRIPTION PRICE EXTENSION 1 2 PANASONIC AW-PH-300 PAN/TILT HEAD $3,118 00 $6,236 00 2 2 PANASONIC AW-E300 3CCD COLOR CAMERA $2,430 00 $4,860 00 3 2 PANASONIC AWSI4XBMD ZOOM LENS $2,097 00 $4,194 00 4 2 PANASONIC AW PS300 POWER SUPPLY $511 00 $1,022 00 5 2 PANASONIC AWCA20TIS REMOTE CABLE $126 00 $252 00 6 1 PANASONIC WJ-MS424 COLOR QUAD SPLITTER $900 00 $900 00 7 3 PANASONIC CT-1386VY 13" COLOR MONITORS $310 00 $930 00 8 1 PANASONIC AG-1980 SEWS VCR $1,344 00 $1,344 00 9 1 PANASONIC AG-A96 8 EVENT EDIT CONTROLLER $425 00 $425 00 10 1 PANASONIC AW-RP505 REMOTE CONTROL PANEL $1,670 00 $1,670 00 11 1 PANASONIC AW-HB505 R/C HUB $2,100 00 $2,100 00 12 1 PANASONIC AW PS301 POWER SUPPLY $8700 $87 00 13 1 MACKIE NIS1202-VLZPRO 12xl AUDIO MO ER $295 00 $295 00 14 1 JVC TM-910SU 9" COLOR MONTOOR $620.00 $620 00 15 I LEIGHTRONIX MINI-T-PRO EVENT CONTROLLER $811 00 $811 00 16 1 LEIGHTRONIX MTRACK RACK MOUNT $92 00 $92 00 17 3 LEIGHTRONIX PRPAIR VCR INTERFACE FOR E/C $83 00 $249 00 18 1 DELTA D-4025 CUSTOM 4 BAY CONSOLE $2,825 00 $2,825 00 19 1 VIDEONICS ;1iX-3000 ND PRO DIGITAL VIDEO NUXER $1,765 00 $1,765 00 20 2 PANASONIC 14C-30 30' EXTENSION CABLE $170 00 $340 00 21 I PANASONIC WV-PS03 POWER SUPPLY FOR WV-D5100 $275 00 $275 00 ***Please Note. Installation does not include: 1) Plenum Cable 2) Structural Attachments 3) Condint 4) Electrical 30 DAYS SUB -TOTAL FOR EQUIPMENT $31,292 00 PRICES GOOD FOR 3 Weeks ARO Sales tax (8 25'%) $2,581 59 DELIVERY Net 30 Engtrieerin8 TERMS Destination Installation $7,640 00 FOB POINT As Above Miscelhairous Cables and Connectors $1,00000 REMIT TO ADDRESS Maintenance Contras. Eric Rosenberg Slipping and Handling Grand Total- $42,513 59 SUBMITTED BY SIGNATURE r on r iiariman Video sysrenss COUNCIL. ww my Itemized Engineering Services Project Management $110/hour 8 hours $ 88000 System Engineering $120/hour 10 hours $ 1,200 00 Installation Labor $65/hour 80 hours $ 5,200 00 Documentation $90/hour 4 hours $ 36000 Training on site $1351hour 4 hours $ 0000 Cabling/Connectors $ 1,00000 Grand Total $8,640.00 RECOMMENDATION REPORT FOR SUPPLY AND INSTALLATION OF GRAND TERRACE COUNCIL CHAMBERS HOFFMAN VIDEO SYSTEMS 1049 FLOWER STREET GLENDALE, CALIFORNIA 91201 (The material in this proposal is proprietary to HVS and may not be provided to a thud party without prior written consent ) on r 1110111 . an video systenss COUNCIL cf�M SYSTEM STANDARD TERMS AND CONDITIONS (Forming an Integral Part of Our Offer) �J 1 TECHNICAL ASSISTANCE The supply of all necessary drawings and specifications required to obtain the consultants/clients technical approval prior to manufacture of the system 1 1 The supply of two sets of maintenance and operation manuals, Including internal circuit diagrams of custom made equipment as deemed necessary by Hoffman 12 Installation Unless quoted otherwise, Hoffman will provide Installation engineers and technicians specified in the offer, at an hourly rate per Hoffman's current, published rate card (plus expenses) for an eight hour day up to a maximum of forty hours in a week For any additional working time in a week, the hourly rate shall be at one and one half times the per hour rate The offer lists the estimated site labor required for Installation If for reasons that are unforeseen at this time, the Installation takes significantly more or less than the amount listed, then the amount listed for such labor shall be adjusted pro rata to that Increase or decrease 1 3 The client is responsible for securing any work permits and/or local approvals and licenses, where applicable, and for paying any costs thereof 14 Hoffman may hire outside technicians to fulfill its Installation requirements and their charges shall be as listed in 12 above 1 5 Hoffman will only be responsible for the Installation of low voltage wiring (I e no 110v or 220v) as it relates to equipment it is installing unless an exception is specifically listed 2 WARRANTY Hoffman provides a 12 month warranty for all equipment manufactured by them except the CRTs in video projectors which is 90 days 2 1 The period of 12 months well be deemed to start from the date of Installation but will be restricted to a period not exceeding 15 months from the date that the client is notified that goods are ready for dispatch from our premises 2 2 During the warranty period, repairs or replacement of equipment (as deemed appropriate by Hoffman) will be carried out free of charge providing the equipment has not been physically damagedd, modified or operated In conditions outside those specified as normal working conditions by Hoffman 2 3 HOFFMAN MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED 2 4 To facilitate 2 2 above, goods must be returned freight prepaid to Hoffman 2 5 Where a site visit is required to effect repairs, all traveling expenses will be paid by the client, materials and labor being free of charge 2 6 Hoffman will not accept liability for costs Incurred by the client or his contractor in repairing equipment without prior written consent 2 7 Hoffman's warranty in respect of equipment not manufactured by Hoffman is limited to that provided by the manufacturer concerned 2 8 HOFFMAN WILL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES AND UNDER NO CIRCUMSTANCES WILL HOFFMAN'S LIABILITY EXCEED THE PRICE FOR DEFECTIVE EQUIPMENT 3 MAINTENANCE Hoffman will, when so required, arrange with the client or his appointed representative the terms of a maintenance contract for the proposed equipment, once installed RECOMMENDATION REPORT FOR SUPPLY AND INSTALLATION OF GRAND TERRACE COUNCIL CHAMBERS HOFFMAN VIDEO SYSTEMS 1049 FLOWER STREET GLENDALE CALIFORNIA 91201 (The material in this proposal is proprietary to HVS and may not be provided to a third party without pnor written consent) �[ 1 PV-M2738 STEREO TV/ MONO VCR Basic Features Included Plus. • 27" Diagonal Color Stereo TV • PanaBlackT"` Picture Tube • VCR Plus' + Programming Urals I Weight I UPC Code 1 1 1 Ibs 1 0-37988-97371-2 I ;h we believe our products can be most successfully uch our products are actually advertised and sold ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, GRANTING A NON-EXCLUSIVE FRANCHISE TO GROUP W CABLE, i INC, TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF GRAND TERRACE, AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THE FRANCHISE WHEREAS, the City of Grand Terrace, pursuant to Ordinance No 49, adopted June 11, 1981, did declare its intention to award on or more non-exclusive revocable franchises to construct, operate, and maintain a Cable Television System within the City of Grand Terrace, and Comcast Cablevision of California. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES HEREBY ORDAIN the following terms and conditions of franchise in accordance with the provisions this Ordinance Section 1 Index Section 2 Award of Franchise Section 3 Definitions Section 4 General Provisions Section 5 Rights Reserved to the City Section 6 Construction Section 7 Use of Streets Section 8 Rearrangement of Facilities Section 9 Service Requirements ' Section 10 Program Origination Facilities Section 11 Rates to Customers Section 12 Service, Operation, and Maintenance Section 13 Inspection and Reports Section 14 Evaluation Sessions Section 15 Remedies for Franchise Violations Section 16 Prohibited Activities - Section 17 Rights of Individuals Protected Section 18 Termination Section 19 Right to Purchase System Section 20 Separability Section 21 Force Majeure, Grantee's Inability to Perform Section 22 Effective Date Section 23 Posting Section 24 Adoption r z+ 4'u t A�'r�irs'r`i tt The franchise may be renewed by the City upon application of the Grantee pursuant to the procedure established in this Ordinance and in accordance with the Cable Act The City shall schedule a public hearing on the question of renewal as prescribed in the Cable Ad. After giving public notice, the City Council shall proceed to determine whether the Grantee has satisfactonly performed its obligations under the franchise At such hearing, the Grantee shall have full due process of law including the opportunity to appear and be heard hi; based upon a review of the criteria set forth in Section 626 of the Cable Act, the City Council finds a renewal of the franchise with the Grantee to be in the best public interest, the City Council may enter into a renewal of the franchise with the Grantee under such terms and conditions as it deems advisable to protect the public and the subscribers to the service The franchise is for the present territorial limits of the City of Grand Terrace and for any area annexed thereto during the term of this franchise, which has a minimum housing density of at least thirty-five (35) homes per mile from the nearest technically feasible point of connection to grantee's distribution system. Grantee shall not be obligated to extend service to any area served by another multi- channel video provider SECTION 3. DEFINITIONS - For the purposes of this Ordinance, the following words, terms, phrases, and their derivations shall have the meanings given herein When not mconsistent with the context, words used in the present tense include the fiiture tense, words in the plural number include the singular number, and words in the singular number include the plural number The word "shall" is always mandatory and not merely directory a "Cilf means the City of Grand Terrace, California, and all the territory within its present and fiiture corporate boundaries b "City Council" means the Council of the City of Grand Terrace or such representative person or entity as may be designated initially or at some future date to act on cable television matters c "FCC" means the Federal Communications Commission, or a designated representative d. "Cable Television Ste" Cable Communications System" or "S em " sometimes referred to as "Cable TV SYstem," "CATV System," or "Broadband Communications Network," means a system of antenna, cables, amplifiers, towers, microwave hnks, cablecashng studios, an any other conductors, converters, equipment, or facilities designed and constructed for the purpose of distributing video programming to home subscribers within the City, and the producing, receiving, amplifying, storing, processing, or distributing audio, video, digital, or other forms of electronic or electrical signals for the distimbution to subscribers within the City t "Basic Subscriber Television," "Basic Subscriber Seances," or "Basic Service" means any tier of seance which includes the transmission of local broadcast signals u "Institutional Service" means such video, audio, data, and other services provided to institutional users on an individual application, private channel basis These may include, but not be limited to, two-way video, audio or digital signals among institutions, or from institutions to residential subscribers v "Pav-Cable" or "Pav Television" means the delivery to subscribers over and above the charge for Basic Subscriber Service on a per program, per channel, or other subscription basis w "Streets and Public Wave" means the public right -of --way along the surface of and the space above and below any public street, sidewalk, alley, or other public way of any type whatsoever now or hereafter existing as such within the City x. "Resident" means any person residing in the City as otherwise defined by applicable law y "Momtonne means observing a one-way communications signal, or the absence of a signal, where the observer is neither the subscriber nor the programmer, whether the signal is observed by visual or electronic means, for any purpose whatsoever z i'a r " means observing a two-way communication signal exchange where the observer is neither of the commnnigting parties, whether the exchange is observed by visual or electronic means, for ay purpose whatsoever aa_ gear" means the remaining portion of 1999 Thereafter, gear" means a full -' calendar year bb "Section" means any section, subsection, or provision this Franchise Ordinance cc "School" means any public educational institution including primary and secondary school, colleges, and universities and all similarly situated private and parochial educational institutions which have received the appropriate accreditation from the State of California and, where required, from other authorized accrediting agencies dd. "Franchise Agreement" means a signed and notarized statement on the part of both Grantor and Grantee accepting and agreeing to all of the provisions of the franchise herein granted The franchise agreement may modify terms of this Ordinance by mutual agreement with any such modification confirmed formally by appropriate ordinance amendment. ee "Gross Revenue" means the gross revenue derived by grantee from the operation of a cable television system to provide cable service to the City including (1) Subscribers or users in payment for basic, premium and pay -per -view service, including installation and line extension charges, (2) Any fees or income received by Grantee for carrying advertising or commercial messages over the CATV facilities, and liability insurance policy required hereunder, but, excepting therefrom, liability arising out of any claim, demand, cause of actions, or proceeding resulting from the negligence of the City, its officers, agents, or employees Grantee, by the acceptance or use of this franchise, agrees to defend at its own cost and expense the City, its officers, agents, and employees against any and all claims, demands, actions, or proceedings brought against them, or any of them, in respect to the matters embraced by the indemnity set forth above f Upon the effective date of the franchise, Grantee shall furnish proof that a satisfactory liability insurance policy is in force in the minimum amounts of Worker's Compensation — in accordance with California Law; Combined Single Limit General & Motor Vehicle Liability — $1,000,000 The Worker's Compensation and Liability Insurance Policies shall be maintained throughout the duration of the franchise, with the City named as additional insured. A copy of the insurance certificates shall be filed with the City, and the City shall be notified at least thirty (30) days prior to any cancellation of insurance g, No privilege or exemption shall be granted or conferred by any franchise granted under this article except those specifically prescribed herein. h. Any privilege claimed under any such franchise by the Grantee in any street or other public property shall be subordinate to any prior lawful occupancy or other ' Public property SECTION 5. RIGHTS RESERVED TO THE CITY a The City reserves the right to regulate the rates and fees charged by a grantee to the full extent provided under, and in accordance with the Cable Act and FCC regulations b Council will be kept informed of any changes in any and all rates including special programming not included in the above paragraph. One connection to the system for basic service shall be furnished free of charge in each public school in the area covered by the CATV franchise The City Council may require similar free service to hospitals, fire stations, or other smular facilities operated by public A grantee may impose a charge for non-standard installations and internal wiring equal to its cost of labor and materials A standard installation shall mean an installation located up to 125 feet from the existing distribution System d. At all reasonable times, The Grantee shall permit any duly authorized rUqPXI of the City to examine all property of the Grantee, together with any appurtenant property of the Grantee situated within the City and to examine and transcribe any and all maps and other records kept or maintained by the Grantee or under its control which are reasonably necessary to monitor grantee's compliance with the terms of its franchise Many such maps or records are not kept in the City, and if the Council determines that an examination thereof is necessary or g. The Grantee shall not commence construction of any underground facilities under the provision of this franchise or add to such existing underground system, if any exist, until it first shall have obtained a construction -excavation permit therefore from the City Engineer The application of the Grantee shall show the following facts The length, depth, and proposed location of the underground facilities proposed to be laid or constructed, the size and won of the conduit intended to used, and such other facts as the City Engineer may require The Grantee shall pay any and all inspection and permit fees of the City Any work undertaken by Grantee pursuant to this Ordinance and shall be completed in a timely manner and in accordance with conditions specified within City permits h. The cables and appurtenances and equipment constructed, installed, or maintained under the provisions of this franchise shall be constructed, installed, and mamtained in a workman lrlw manner, within accepted engineering practices, of the cable television industry and in conformity with all ordinances, rules, or regulations now or hereafter adopted or prescribed by the City All underground cables laid under the provisions of this franchise shall be of quality material and shall be placed in conduits, unless direct banal is first approved by the City Engineer L The Grantee shall not enter or encroach upon or interfere with or obstruct any private property without the express consent of the owner or the agent in possession thereof The authority and permission given by this franchise shall not be construed to grant or imply any permission or license so to do j In the conduct of its business, Grantee shall be allowed to trim trees in order to provide space for its facilities Such tree trimming shall be done in compliance to existing City ordinances and in a safe and efficient manner with due regard for the health of the trees involved Grantee shall exercise diligence to assure that trees are ` trimmed as We as possible and follow practices designed to cause the minimum amount of trauma to the trees being trimmed All refuse created by tree trimming will be removed and disposed of by Grantee in an acceptable manner k_ Within nmety (90) days following the date in which any facilities are constructed under this franchise, the Grantee shall file a map or maps in such scale and form as may be required by the City Engineer showing the accurate as -built location and size of all its facilities then in place Upon removal, change, or abandonment of any of its facilities, the Grantee shall, within thirty (30) days them, file a revised map or maps showing the location and size of all such addiuonal, removed, or abandoned facihties as of that date L The Passage of this Ordinance granting this franchise shall not amend or otherwise modify any of the provisions of the generally applicable laws or regulations of the City The components of the CATV system, other than coaxial cable and appurtenances placed in or over City streets, shall be constructed or placed in accordance with land use laws of the City m. The Federal Communications Commission (FCC) Rules and Regulations, Part 76, Subpart k (Technical Standards) shall apply 1 e Failure to Perform Street Work - Upon failure of Grantee to commence, pursue, or complete any work required by law or by the provisions of this franchise to be done in any street or other public place, within the time prescribed and to the satisfaction of the City Engineer, the City Engineer may, at his option, cause such work to be done and the Grantee shall pay to the City the cost thereof plus reasonable overhead expenses in the itemized amounts reported by the Finance officer to the Grantee within thirty (30) days after receipt of such itemized report. SECTION 8 REARRANGEMENT OF FACILITIES a. If any of the Grantee's facilities shall endanger the public in the use of the public streets or interfere with or obstruct the use of any street by the public or for public purposes, the City shall have the right to require the Grantee, at the Grantee's expense, to move, alter, or relocate the same (heremafter called "rearrangement") to avoid such danger, interference, or obstruction, in conformity with the written notice of the City Engineer b Whenever, during the existence of this franchise, the City, in the exercise of its governmental authority, as distinguished from its private capacity, shall change the grade, width, or location of any street or improve any street in any mariner, including the laying of any sewer, storm drain, condmts, gas, water, or other pipes, or construction any pedestrian tunnels, or other work of the City (the right to do all of which is specifically reserved to the City without any admission on its part that it would not otherwise have such right), and such wo& shall, in the opinion of the City Engineer, render necessary any change in the positron or location of any facilities of the Grantee in the street, including the support thereon, which such t� work is being done or performed, the Grantee shall, at its own cost and expense, do any and all things to effect such change in position or location in conformity with the written notice of the City Engineer, provided, however, that the City shall not require the Grantee to remove its condarts or lines entirely form such street. In case the Grantee shall fart to commence work in compliance with such written notice within thirty (30) days after service of same upon the Grantee (unless the Grantee shall be unable to comply with such notice by reason of strikes. nots, acts of God, or acts of public enemmes), the City Engineer may cause the work required in said notice to be done by the City or, at the electron of the City, by a private contractor The Grantee agrees to pay the casts thereof within thirty (30) days after deliveryof an itemized bill therefor to it or its local agent or manager K done by the City directly rather than by a contractor, the cost of doing said work shall be considered the actual cost plus the current rate of overhead being charged by the City for reimbursable work. d. If the Grantee is dissatisfied with any determination of the City Engineer permitted by this Section, it may petition the City Manager to review the same within ten (10) days after such determination. During the pendency of such petition, the work so required to be done shall be suspended The decision of the City Manager thereon shall be final and conclusive 11 SECTION 10 PROGRAM ORIGINATION FACILITIES a The Grantee, at its expense, shall provide equipment, sta$ and technical service for video program origination in conformance to Section IV - Q 16 of the Grantee's Proposal b The Grantee's obligations for video program origination shall be in force for the entire term of this franchise c The parties shall negotiate in good faith the timmg of delivery of services at the request of either party d. The Grantee may present commercial advertising programs and charge for such service e The City, School District, and any other public or quasi -public agency shall have the right to use said studio and the equipment at reasonable tunes, reasonable rates, and for reasonable periods Schedules and priorities shall be established by the Grantee with the approval of the City Manager SECTION 11. RATES TO CUSTOMERS a. The City reserves the right to regulate all rates, fees, and charges made by Grantee for any and all of its services performed or made available in the operation of its Cable Television System in the City to the extent permitted under the Cable Act and FCC regulations SECTION 12. SERVICE, OPERATION, AND MAINTENANCE a The Grantee shall operate the CATV system continuously a twenty-four (24) hour per day, seven (7) days per week basis It shall be the nght of all subscribers to receive all available services insofar as their financial and other obligations to the Grantee are honored In the event that the Grantee elects to overbuild, rebuild, modify, or sell the system or the City gives notice of intent to terminate or fails to renew this franchuse, the Grantee shall act so as to insure that all subscribers receive continuous, uninterrupted service, provided, however, that in the event of termination, Grantee shall only be obligated to continue providing service for six (6) months In the event a new operator acquires the system, the Grantee shall cooperate with the City and the new operator in maintaining continuity of service to all subscribers During such period winch shall not exceed 120 days, the Grantee shall be entitled to the revenues for any period during which it operates the system, and shall be entitled to reasonable costs for its services when it no longer operates the system. In the event the Grantee fails to operate the system for ten (10) consecutive days for reasons within its reasonable control without prior approval of the City or without just cause, the City may, at its option, operate the system or designate an operator until such time as the Grantee restores service under conditions acceptable to the City or the franchise is terminated and a permanent operator is selected If the City is required to fulfill this obhphon for the Grantee, the Grantee shall reimburse the City for all reasonable costs or damages in excess of revenues from the system received by the City that are the result of the Grantee's failure to perform. 13 (3) The equipment used and procedures employed in said testing; (4) The results of such tests, and (5) The method in which such complaints were resolved Any other information pertinent to the special test shall be recorded SECTION 13. INSPECTION AND REPORTS a The Grantee shall file with the City Clerk a copy of ANY report involving its Grand Terrace Cable Television System made to the FCC as well, as a copy of ANY report made to any State agency which in the future may regulate such system. SECTION 14. EVALUATION SESSIONS a The City and the Grantee shall hold scheduled evaluation sessions with thirty (30) days of the third, sixth ninth, and twelfth anniversary dates of the granting of this franchise All such evaluation sessions shall be open to the public and advertised in a newspaper of local circulation at least five (5) days before each session. The sessions shall be held at such place, date, and time and before such body or officer as the City shall determine The purpose of the sessions shall be to evaluate the performance of the Grantee in fulfilling its obhgation under this franchise and quality of its service to the public Subject for discussion may include, but shall not be limited to, service rate structure, fine or discounted service, application of new technologies, system performance, services provided, programming offered, customer complaints, privacy and crvrl rights, amendments to this Ordinance, statutes of Congress, and the Legislature and judicial and FCC rulings The City may hold special evaluation sessions at any time during the term of this franchise in the event it has reasonable grounds to believe Grantee is not in compliance with one or more material terms of its franchise The Grantee shall be notified of the place, time, and date thereof and the topics to be discussed. Such sessions shall be open to the public and advertised in a newspaper of local circulation at least five (5) days before each session. SECTION 15. REMEDIES FOR FRANCHISE VIOLATIONS In addition to the penalties for delays in construction as specified in this Ordinance, in the event Grantee vmlates any material provision of the franchise, provided that Grantee has not commenced corrective action within thirty (30) days written notice by certified marl to the General Manager of the Grantee the City may require the payment of liquidate damages, not to exceed One Hundred dollars ($100) per day or per incident, for Grantee's individual willful and/or repeated violation of the franchise or failure to take corrective action with respect to a violation of any provision of the franchise, In the event the stated violation is not reasonably curable within sixty (60) days, the will not be terminated or revoked or a penalty imposed if the Grantee provides, within the said sixty (60) days, a plan, sabstactory to the Grantor, to remedy the violation and continues to demonstrate good faith in seeking the correct said violation. 15 remove forthwith any of its equipment which is visible and moveable and promptly restore the property to its original condition e The Grantee shall not sell or otherwise make available lists of the names and addresses of subscribers, or any list which identifies, by name, subscriber viewing habits, or personalized data pertaining to a subscriber's use of any of Grantee's services without the consent, express or implied, of the subscriber to which the personalized data pertains For purposes of tins Section, "personalized data" shall mean the name and address of an individual subscriber directly associated with data obtained on his or her use of specific services provided by or through the Grantee Nothing herein shall be construed to prevent, as a normal incident of commercial enterprises, the same or availability of "non-personahzed" or "aggregated data" which is not personalized data as defined herem. Grantee shall be required to provide service to mdmvmdual units of a multiple housing facility with all services offered to other dwelling units within the City, so long as the owner of the facility consents in writing, mf required by Grantee, to the following (1) To Grantee's providing of the service to units of the facility, (2) To reasonable conditions and tunes for installation, maintenance, and inspection of the system on the facility premises, (3) To reasonable conditions promulgated by Grantee to protect Grantee's equipment and to encourage widespread use of the system. SECTHON 18 TER1V MATION Revocation - In additional to any rights set out elsewhere in this document, the City reserves the right to revoke the franchise, and all rights and privileges pertammng thereto, in the event that (1) The Grantee willfully or repeatedly violates any material provision of the franchise, or (2) The Grantee's construction schedule is delayed for over 10 months, or (3) Subject to the provisions of this Ordinance, the Grantee becomes insolvent, is mnvoluntanly adjudged as banknq* or files a voluntary petition for relief under the Bankruptcy Act, or (4) The Grantee is adjudged to have practiced any fraud or deceit upon the City and such judgment becomes final after all appeals are exhausted according to law Upon failure of the Grantee to comply with the terms of the franchise or to commence appropriate corrective action within scxty (60) days after receiving written notice by certified mail to the General Manager of the Grantee of such nonoomplrance from the City, the City may hold a pubhc hearing to consider the option of revocation of the franchise The City shall give the Grantee at least thuty (30) days advance written notice of such hearing and shall also publish such notice in advance in a newspaper with local circulation. If, after such hearing, at which Grantee shall be afforded all due process of law including the right to appear and be 17 reasonable extent as may be necessary to carry out the full intent and purpose of the franchise SECTION 21. FORCE MAJEURE: GRANTEE'S INABILITY TO PERFORM In the event Grantee's performance of any of the terms, conditions, obligations, or requirements of this franchise is prevented or impaired due to any cause beyond its reasonable control or not reasonably foreseeable, such mabihty to perform shall be deemed to be excused, an no penalties or sanctions shall be imposed as a result thereof Such causes beyond Grantee's reasonable control or not shall include, but shall not be - limited to, ads of God, civil emergencies, and labor unrest or strikes i SECTION 22. EFFECTIVE DATE This Ordinance shall take effect thirty (30) days after its adoption SECTION 23. POSTING The City Clerk shall cause this Ordmance to be posted in three (3) public places designated for such purpose by the City Council SECTION 24. First introduced and read at a regular meeting of the City Council of said City held on 19___, and finally adopted and ordered posted at a regular meeting of said City Council on the , 19 ATTEST. City Clerk of the City of Grand Terrace and of the City Council Thereof Approved as to form City Attorney Mayor of the City of Grand Terrace and of the City Council thereof 19 STAF REPORT MAMA ER" DEPARTMENT CRA ITEM (X) COUNCIL ITEM() MEETING DATE September 23, 1999 SUBJECT, REQUEST TO CONDUCT MILLENNIUM FIREWORKS' SALES FUNDING REQUIRED NO FUNDING REQUIRED X American Promotional Events, Inc , the distributor of safe and sane fireworks to our little league and soccer organizations, is proposing to conduct fireworks' sales and use to celebrate the incoming year 2000 Attached is a letter from the presidents of both leagues requesting that Council consider drafting a resolution amending our ordmance to allow fireworks' sales in the last week of December It is my understanding, from Rick Poe of American Promotional Events, Inc, that the local cities in the valley that allow sales for July 4 have adopted resolutions allowing millennium fireworks' sales so fireworks will be available for sale in the immediate area STAFF RECOMMENDS THAT COUNCIL CONSIDER THE LEAGUES' REQUEST AND, IF IT SO CHOOSES, TO PROCEED AND DIRECT STAFF TO DRAFT AN ORDINANCE ATTACHNIENT COUNCIL AGENDA ITEM NqgA