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04/27/2000 FILE COPY INA LITI D April 27,2000 GRHRD TERR C 22795 Barton Road Grand Terrace California 92313-5295 Civic Center (909)824-6621 Fax(909)783-7629 Fax(909)783-2600 CITY OF GRAND TERRACE Byron R.Matteson Mayor CRA/CITY COUNCIL Dan Buchanan Mayor Pro Tem REGULAR MEETINGS erman key 2ND AND 4TH LeLe Ann Garcia Thursdays - 6:00 p.m. Don Larkin Council Members Thomas J.Schwab p •City Manager Council Chambers Grand Terrace Civic Center 22795 Barton Road CITY OF GRAND TERRACE COUNCIL MEETLNG AGENDA CITY COUNCIL CHAMBERS APRIL 27, 2000 GRAND TERRACE CIVIC CENTER 6:00 P.M. 22795 Barton Road THE CITY OF GRAND TERRACE COMPLIES WITH THE AMERICANS WITH DLSABILITIES ACT OF 1990.. IF YOU REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE IN THIS.MEETING, PLEASE CALL THE CITY. CLERK'S-OFFICE AT(909)824-6621 AT LEAST 48 HOURS PRIOR TO THE INMETING. IF YOU:DESIRE TO ADDRESS THE CITY COUNCIL DURriG THE MEETING,OTHER THAN UNDER PUBLIC COMMENT,YOU ARE ASKED TO PLEASE COMPLETE A REQUEST TO SPEAK FORM AVAILABLE AT THE ENTRANCE AND PRESENT IT TO THE:CITY CLERK. SPEAKERS WILL BE CALLED UPON BY THE MAYOR AT THE APPROPRIATE.TIME. * Call to Order - * Invocation- Dr. Tom Harvick, Colton Christian Church * Pledge of Allegiance - * Roll Call - STAFF COUNCIL AGENDA ITENiS RECONIlAEN-DATION ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 04-13-2000 Minutes Approve 2. Approval of Check Register CR0008 Approve 3. 90-Day Extension to the Exclusive Right to Negotiate (ERN) Approve with Inland Pacific Advisors, Inc. ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL MEETING 1. Items to Delete 2. SPECIAL PRESENTATIONS A. Colton High School Academic Decathlon Team B. Tobacco Study Update C. Proclamation-National Salvation Army Week- May 14- 20, 2000 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 time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent Calendar for discussion. A. Approve Check Register C0008 Approve B. Ratify 04-27-2000 CRA Action I Approve COUNCIL AGENDA 04-27-2000 PAGE 2 OF 2 --------------- AGENDA ITEMS =:� FF COUNCII, NDATIONS ACTIONFF e C. Waive Full Reading of Ordinances on Agenda D. Approval of 04-13-2000 Minutes Approval 4. PUBLIC COMMENT 5. ORAL REPORTS A. Committee Reports 1. Crime Prevention Committee _ a. Minutes of March 13, 2000 Accept 2. Historical and Cultural Activities Committee a. Minutes of April 3, 2000 Accept B. Council Reports 6. PUBLIC HEARINGS - None 7. UNFINISHED BUSINESS A. Second Reading of an Ordinance of the City of Grand Approve Terrace, California, Amending the Grand Terrace Zoning Code by Adding Chapter 18.84 Pertaining to Regulations and Procedures for Administrative Conditional Use Permits B. Park and Recreation Committee Objectives.Duties 8. NEW BUSINESS A. Resolution of the City of Grand Terrace Consenting Approve Authorization of the Transfer of the Cable Television Franchise B. Appoint Council Representative to the Nor-.a,'South Appoint Transportation Corridor Committee C. Proposal for Summer Recreation Camps - Skyhawks Approve 9. CLOSED SESSION- None ADJOURN THE NEXT CRAXITY COUNCIL MEETING WILL BE HELD ON THURSDAY, MAY 11, 2000. AGENDA ITEM REQUESTS FOR THE 05-11-2000 MEETING MUST BE SUBMTITED IN WRITING TO THE CITY CLERK'S OFFICE BY NOON 05-04-2000. PENDING C R A APPROVAL CITY OF GRAND TERRACE CO-41MUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING - APRIL 13, 2000 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 March 23, 2000, at 6:00 p.m. PRESENT: Byron Matteson, Chairman Dan Buchanan, Vice-Chairman Herman Hilkey, Agency Member Lee Ann Garcia, Agency Member Don Larkin, Agency Member Tom Schwab, Executive Director John Donlevy, Assistant City Manager Brenda Stanfill, City Clerk Virgil Barham, Building & Safety Director Patrizia Materassi, Community and Economic Development Director Bernie Simon, Finance Director John Harper, City Attorney Lt. Hector Guerra, Sheriff's Department ABSENT: None APPROVAL OF MARCH 23, 2000 MINUTES CRA-2000-24 MOTION BY VICE-CHAIRMAN BUCHANAN,SECOND BY AGENCY MEMBER LARKIN, CARRIED 4-0-1-0 (AGENCY MEMBER HII.KEY WAS ABSENT), to approve the March 23, 2000 Community Redevelopment Agency Minutes. APPROVAL OF CHECK REGISTER CR0007 CRA-2000-25 MOTION BY AGENCY MEMBER LARKIN, SECOND BY VICE- CHAIRMAN BUCHANAN, CARRIED 4-0-1-0 (AGENCY MEMBER' HILKEY WAS ABSENT), -to approve Check Register CR0007. MID-YEAR BUDGET ADJUSTMENTS FY 1999-2000 CRA-2000-26 MOTION BY VICE-CHAIRMAN BUCHANAN,SECOND BY AGENCY MEMBER GARCIA, CARRIED 4-0-1-0(AGENCY MEMBER HII.KEY WAS ABSENT), to approve the following Mid-Year Budget Adjustments for Fiscal Year 1999-2000: 1) Appropriate $13,275 in available CRA Capital Projects Fund Balance to fund mid year budget adjustments as outlined in Schedule B and change or re-allocate line-items as indicated. CRA AGENDA NO. i Comr--„ity Redevelopment Agency Minutes April 13, 2000 Page 2) Appropriate $816 in available CRA Low Mod Housing Income Fund balance to fund mid year budget adjustments as outlined in Schedule B. 3) Correct Appropriation of $24,200 consultant fee for civic center restoration project and transfer said appropriation from General Fund to CRA Capital Projects Fund as a CRA Project. 4) Confirm Schedule of Budget Adjustments as proper amendments to the FY 1999-2000 Budget. * See Attached Schedule B. AGENCY WORKSHOP ON RDA IMPLEMENTATION PLAN AND HOUSING COMPLIANCE PLANS Health&Safety Code 33490 requires that an RDA implementation plan be adopted by the agency every five years beginning in 1994. The current implementation plan expired on December 31, 1999 and conflicted in certain areas with the Housing Element. The implementation plan should include the goals and objectives of the agency and address the many legally required issues within H&S code.Section 22490. The Rosenow, Spevacek Group, Inc. (RSG) was hired by the CRA in February to assist the Agency to revise and update the RDA Implementation Plan. RSG has already met with staff to exchange ideas, provide information and provide direction on the project. Felice Acosta and Jim Simon of RSG presented the workshop on the progress of the project and staff and RSG are looking for questions and input from the Agency Board. It was the consensus of the Agency that RSG look into the possibility of getting covenants on the thirty-three homes that have been rehabilitated and sold through the housing program and possibly on the mobile home parks. They also indicated that they would like the plan to include the number of housing units projected by SCAG, which is included in the Housing Element as well as the number that is projected by staff. The Agency also discussed the possibility of reaching the mandated requirements through The Highlands Apartments, the possibility of a Senior Housing Project through the Town Square Project and through the Housing Rehabilitation Program. REQUEST FOR PROPOSALS-ARCHITECTURAL SERVICES FOR RICHARD ROLLINS PARK AND TERRACE HILLS MIDDLE SCHOOL PARK IMPROVEMENTS CRA-2000-27 MOTION BY AGENCY MEMBER HII.KEY, SECOND BY VICE- CHAIRMAN BUCHANAN, CARRIED 5-0, to authorize the solicitation of architectural RFP's for the design of one conceptual site plan that would Community Redevelopment Agency Minutes April 13, 2000 Page 3 include the Richard Rollins Park site and the soccer field area currently utilized by the Grand Terrace Community Soccer Club. Chairman Matteson temporarily adjourned the Community Redevelopment Agency meeting at 7:19 p.m. Chairman Matteson reconvened the Community Redevelopment Agency meeting at 8:20 p.m. CLOSED SESSION - REAL ESTATE NEGOTIATIONS - 12569 MICHIGAN Chairman Matteson announced that the Agency met in closed session to discuss real estate negotiations at 12569 Michigan and that there was no reportable action taken. Chairman Matteson adjourned the Community Redevelopment Agency Meeting at 8:48 p.m. until the next CRA/City Council Meeting scheduled:,to be held on Thursday, April 27, 2000 at 6:00 p.m. SECRETARY of the Community Redevelopment Agency of the City-of Grand Terrace CHAHUML4,NT of the Community Redevelopment Agency of the City of Grand Terrace i I CRA of Grand Terrace SCHEDULE B M ear Budget Adjustment Requests - EXPENDITURES Fiscal Year 1999-2000(711199 to 6/30/20001 Account Vendor Description, S Amount REE 1) Adjust budget for prior year purchase orders carried 32-200-250 NBS Govt. Finance Group Parcel Audit $8,300 PO 6949 forward into FY 99-2000. 32-600-200 Prime Line restroom drawings $2,900 PO 6824 (already taken out of available fund balance at 6/30/99) 34-400-210 David Smith Signs sign purchases $632 PO 6900 34-800-210 Staples Office Supplies $184 PO 6778 Total $12,016 2) Postage for CRA eminent domain and RDA plan amendment done In June-July 1999. 32-370-210 US Post Office Postage $2,075 GRAND TOTAL $14,091 Sclwdulu B-Mid Year Expundilure Adjushnenta 990O ZEGADJ.123 PEND C R A APPROVAL CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY DATE: APRIL 27, 2000 CHECK REGISTER NO: CR0008 OUTSTANDING DEMANDS AS OF: APRIL 27, 2000 CHECK* VENDOR DESCRIPTION AMOUNT 13300 U.S. BANK TRUST N.A. 97 LEASE PAYMENT 23,280.00 13305 HERMAN HILKEY STIPEND PAYMENT 150.00 13309 WESTERN DATA ENTERPRISES SERVER, WARRANTY, & SOFTWARE 263.30 43513 ARROWHEAD CREDIT UNION MARCH PURCHASES 203.48 43514 BITS BYTES& MORE HP COLOR LASER JET 450ON PRINTER 3,232.48 43516 DAN BUCHANAN STIPEND PAYMENT 150.00 43517 JOHN R. BYERLY INC. C.C. WELD& MASONRY INSPECT 4,385.50 43521 ROBERT CHAGOLLA CONSTRUCTION REHABILITATE CITY HOUSE 400.00 43522 ROBERT CHAGOLLA CONSTRUCTION REHABILITATE CITY HOUSE 400.00 43524 CLARITAS INC. CONSUMER SPENDING PATTERN 719.77 43526 D P A COMMUNICATIONS SEMINAR 199.00 43527 DANKA OFFICE IMAGING COMPANY MAINTENANCE KODAK COPIER 56.10 43531 DRUG ALTERNATIVE PROGRAM LAWN MAINTENANCE ON CITY HOUSES 100.00 43535 LEE ANN GARCIA STIPEND PAYMENT 150.00 43536 GRANT TERRACE LITTLE LEAGUE DONATION OF STIPEND PAYMENT 150.00 43542 INLAND EMPIRE 10 COPIES OF IEEP CD 21.12 043548 JOANN LOMBARDO ATTEND 2 HR. SCAG MEETING 135.00 43552 BYRON MATTESON STIPEND PAYMENT 150.00 y 43557 PETTY CASH PETTY CASH REIMBURSEMENT 47.19 0 43562 RIVERSIDE HIGHLAND WATER WATER ON CITY HOUSES 29.74 Z 43564 MARIE LEONOR RODRIGUEZ JANITORIAL SERVICES ON BUILDING & SAFETY 95.63 0 43565 ROQUET PAVING INC. CURB&GUTTER-22381 VAN BUREN 771.50 a 43566 ROSENOW SPECACEK GROUP INC. ROSENOW CONTRACT 5,063.75 Z 0 1 CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY DATE; APRIL 27, 2000 CHECK REGISTER NO: CR0008 OUTSTANDING DEMANDS AS OF: APRIL 27, 2000 43568 COUNTY OF SAN BERDO. -CENTRAL MICROFILM VELLUM MAP FOR 22846 PALM 43573 STAPLER 5.27 43583 ZEPHYR PRODUCTS OFFICE SUPPLIES 301.52 CITY SHIRTS- BUILDING 8 SAFETY 142.77 TOTAL 40,603.12 1 CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORE LISTED CHECKS FOR PAYMENT OF THE COMMU REDEVELOPMENT AGENCY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE NECESSARY AND APPROPRIATE LAITY EXPENDITURES FOR THE OP RA71ON OF THE AGENCY. BERNARD SIMON FINANCE DIRECTOR 2 ff-C, Irk A10-YAM6006 STAFF REPORT CITY MANAGER ' S DEPARTMENT CRA ITEM (xx) COUNCIL ITEM ( ) MEETING DATE: April 27, 2000 SUBJECT: 90-DAY EXTF—VSION TO THE EXCLUSIVE RIGHT TO NEGOTIATE (ERN) WITH INLAND PACIFIC ADVISORS, INC. .l FUNDING REQUIRED NO FUNDING REQUIRED xx Attached is a letter from Inland Pacific Advisors, Inc. requesting a 90-day extension to the ERN originally granted which will expire on May 10. The architect that the Redevelopment'; Agency retained has proposed four scenarios for potential site plans. These are to be further . refined, as it is IPA's intention to market the site plans at the Shopping Center Conference Y' in Las Vegas in May.- STAFF RECOMA ENDS THAT: COUNCIL AUTHORIZE tiICE CHAIRMAN DAN BUCHANAN TO EXECUTE AN AGREEMENT THAT WILL EXTEND THE ERN FOR AN ADDITIONAL 90 DAYS THROUGH AUGUST 8, 2000. CRA AGENDA ITEM NO. 3 Inland Pacific Advisors,Inc. April 18, 2000 52 Canyon Crest Drive Building 300,Suite 360 R.,verside,CA 92507 (9N) 686-1462 Thomas J. Schwab Fax(909)682-6058 City Manager CITY OF GRAND TERRACE 22795 Barton Road - Grand Terrace, CA 92313-5295 Re: Tc,.4:; Square Project Dear Tom: As you know, we recently submitted to you for review and comment four draft site plan scenarios. Our Exclusive Right to Negotiate with you for development of the Town Square Project expires May 1 0:''. We are requesting a 90-day extension to the negotiation period in order to allow sufficient time to receive your comments and make any necessary adjustments to the draft site plans. We also need additional time to take the project site plans to market to see if we can get any tenant interest. A proposed Amendment to the Agreement for the Exclusive Right to Negotiate is enclosed. If you have any questions, please contact us at (909) 686-1462, or Lisa Hjulberg at (909) 522-7679. Thank you very much for the opportunity to work Azth you on this project. Very truly.y urs, Inland Paci c Advisors, c. Bice omas Vice President FIRST AMENDMENT TO AGREEMENT CONCERNING EXCLUSIVE RIGHT TO NEGOTIATE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE TOWN SQUARE PROJECT The Agreement Concerning Exclusive,Right to Negotiate entered into on February 10, 2000, by and between the Community Redevelopment Agency of the City of Grand Terrace and Inland Pacific Advisors, Inc., a California corporation, is hereby amended to extend the Negotiation Period, as defined in Section 3.1.2 of the Agreement, for an additional ninety (90) days, through and including August 8, 2000. It witness whereof, the parties have executed this Agreement as of April 27, 2000. Community Redevelopment Agency Inland Pacific Advisors, Inc., of the City of Grand Terrace a Calif or ' corporation By: Dan Buchanan, Vice-Chairman Bruce T oma , Vice ident o TI-tu of (6ranh 0jerra —� ] ATIONAL SAL VA TION ARMY WEEK May 14 - 20, 2000 WHEREAS, The Salvation Armry wasfounded by William and Catherine Booth in London,En;land,in 1865 and has continually served humanity around the world since that date;and Y~ -- WHEREAS, the corps community centers (church) conduct a varied program, providing religious services, counseling, moral education and other social services; and WHEREAS, in addition, The Salvation Army operates a variety of institutions, including hospitals, drug & alcohol rehabilitation centers, camps, boys & girls clubs, senior citizen residences, and day care centers; and WHEREAS, The Salvation Army provides family assistance,aid forprisoners and their families, etc.;and WHEREAS, The Salvation Army has provided a balanced ministry in meeting the physical and spiritual needs of the people in Grand Terrace since 1887; }� NOW, THEREFORE,I,Byron R.Matteson,Mayor of the City of Grand Terrace, on behalf of the City Council, do hereby express my warns appreciation and high commendation to The Salvation Army, its officers and vo7wdeers for their dedication to those in need Mayor of the City of Grand Terrace and of the City Council thereof. v .This 276 day of Apri4 2000. 4 V ENDING CITY COUNCIL APPROVAL CITY OF GRAND TERRACE DATE: APRIL 27, 2000 CHECK REGISTER NO: C0008 OUTSTANDING DEMANDS AS OF: APRIL 27, 2000 CIS' NO. VENQQB DESCRIPTION AMOUNT 13297 PUBLIC EMPLOYEE'S RETIREMENT SYSTEM PERS FOR PAYROLL END 3/31/00 4,401.16 13298 MIGUEVS JR. GIFT CERTIFICATES FOR 9 STUDENTS 90.00. 13299 CRYSTAL PROPERTIES REFUND OF SECURITY DEPOSIT 42,000.00 13301 VAVRINEK TRINE DAY &COMPANY PROGRESS PAYMENT ON CHILD CARE AUDIT 2,200.00 13302 VAVRINEK TRINE DAY& COMPANY COMMISSION ON BB90 PAYMENTS 203.10 13303 CITY OF GRAND TERRACE CHILD CARE MARCH CAFETERIA BENEFITS 952.58 13304 PEBSCO EMPLOYEE MARCH BENEFITS- DER COMP. 16,102.42 13305 HERMAN HILKEY STIPEND PAYMENT 250.00 13306 PUBLIC EMPLOYEE'S RETIREMENT SYSTEM PERS FOR PAYROLL END 4/14/00 3,942.93 13307 MODERN IMAGING SYSTEM MAJOR REPAIR ON HP IIP&COPIER - FINANCE 721.78 13308 MODERN IMAGING SYSTEM SERVICE (2) HP PRINTERS- FINANCE 350.50 13309 WESTERN DATA ENTERPRISES PAYROLL SERVER& NT SOFTWARE 2,011.12 13310 WESTERN DATA ENTERPRISES AIT TAPES 943.90 43510 A-ARNOLD'S BACKFLOW ANNUAL TESTING- BACKFLOW DEVICES 698.65 43511 ADDINGTON CONSULTING PROJECT REVIEW#2 1,520.00 43512 AMERICAN PLANNING ASSOCIATION AD ON APA WEB SITE FOR PLANNING TECH. 50.06 C)43513 ARROWHEAD CREDIT UNION MARCH PURCHASES 188.98 043515 BOISE CASCADE OFFICE PRODUCTS OFFICE SUPPLIES 18.06 5CZ43516 DAN BUCHANAN STIPEND PAYMENT 250.00 43518 STATE OF CALIFORNIA-DEPT. OF JUSTICE EMPLOYEE BACKGROUND CHECKS 32.00 r=43519 STATE OF CALIF. - DEPT. OF TRANSPORTATION SIGNAL& LIGHTS MAINTENANCE 886.92 a43520 CENTRAL CITY SIGN SERVICE CITY SIGNS 335.92 C 3523 CITY NEWSPAPER GROUP LEGAL ADS 154.00 z v a z --O J 1 CITY OF GRAND TERRACE DATE: APRIL 27, 2000 CHECK REGISTER NO: C0008 OUTSTANDING DEMANDS AS OF: APRIL 27, 2000 CK. NO, VENDOS DESCRIPTION AMOUNT 43525 COMMERCIAL LANDSCAPE SUPPLY MAINTENANCE SUPPLIES 268.66 43527 DANKA OFFICE IMAGING COMPANY MAINTENANCE KODAK COPIER 45.90 43528 DATA TICKET INC. PARKING CITATION PROCESSING 100.00 43529 DICKSON COMPANY STREET SWEEPING SERVICES 2,082.50. 43530 COMPUTER TIME MOSBY MEDICAL ENCYCLOPEDIA-CHILD CARE 13.00 43531 DRUG ALTERNATIVE PROGRAM SERVICE PICO/ORIOLE PARKS 125.00 43532 FOX OCCUPATIONAL MEDICAL CENTER EMPLOYEE PHYSICALS 120.00 43533 FRANKLIN COVEY COMPANY VHS TAPES- RENEWAL 3 SET 43.06 43534 G.T. AREA CHAMBER OF COMMERCE CHAMBER LUNCHEON 14.00 43535 LEE ANN GARCIA -STIPEND PAYMENT 250.00 . 43537 GREENWOOD'S UNIFORM COMPANY UNIFORM SHIRTS-MAINTENANCE 76.23 43538 HARPER & BURNS LLPN LEGAL SERVICES FOR MARCH 450.00 43539 HOME DEPOT PARK MAINTENANCE SUPPLIES 251.42 43540 HOUSTON HARRIS SEWER MAINTENANCE 1,720.35 43541 . HYDRO-SCAPE PRODUCTS ING. IRRIGATION SUPPLIES 181.25 43543 INMARK STAMP FOR PAYROLL 39.06 43544 INTERSTATE BRANDS CORP. BREAD PRODUCTS-CHILD CARE 58.63 43545 JANI-KING OF COLTON CLEAN CARPET- CHILD CARE 100.00 43546 DON LARKIN STIPEND PAYMENT 250.00 43547 LEGEND BUILDING MAINTENANCE JANITORIAL SERVICES-LIBRARY 200.00 43549 LUCENT TECHNOLOGIES ,TELEPHONE MAIN 304.70 43550 LUCKY'S LOCK& KEY NEW LOCKS FOR CIVIC CENTER 1,175.32 43551 MANPOWER TEMPORARY HELP- FINANCE 835.20 2 CITY OF GRAND TERRACE DATE: APRIL 27, 2000 CHECK REGISTER NO: C0008 OUTSTANDING DEMANDS AS OF: APRIL 27, 2000 CK. NO. VENDOB DESCRIPTION AMOUNT 43552 BYRON MATTESON STIPEND PAYMENT 250•00 43553 EVERGREEN LAWN SERVICE GOPHER CONTROL- PARKS 130.00 43554 NATIONAL NOTARY ASSOCIATION MEMBERSHIP RENEWAL 1 YR. 34.00 43555 PACIFIC BELL TELEPHONE SERVICE-CITY LINES 95.53 43558 PAUL W. CRABTREE SENIOR CENTER EXPANSION PROJECT 29,555.20 43557 PETTY CASH PETTY CASH REIMBURSEMENT 57.68 43558 PETTY CASH PETTY CASH REIMBURSEMENT 155.24 43559 'PRECISION GRADING GRADING/OPERATOR/SCREED . 850.00 43560 PRESS ENTERPRISE 2 AD FOR PLANNING TECH -- 283.52 ter. 43581 QUALITY AUTOMOTIVE MAINTENANCE ON N CITY VEHICLES 207.80 43563 YOSEMITE WATER BOTTLE WATER 114.20 43567 COUNTY OF SAN BERDO. - AUDITOR/ CONTROLLER BOOKING FEES 479.16 43569 COUNTY OF SAN BERDO. -WASTE SYSTEMS DIVISION DUMP CHARGES FOR MARCH 267.87 43570 SANDRA HAMPTON REFUND FOR REGISTRATION-CHILD CARE 50.00 43571 SO. CA. EDISON COMPANY CITY BUILDINGS&STREET LIGHTS 3,477.99 43572 SO. CA. GAS COMPANY GAS FOR CITY BUILDINGS 292.94 .43573 STAPLES OFFICE SUPPLIES 542.75 43574 SYLVAN/ IDENTIX FINGERPRINTING 95.00 43575 SYSCO FOOD SUPPLIES-CHILD CARE 1,296.49 43576 THOMAS BIGBIE & SMITH COST ALLOCATION WORKSHEETS 1,340.00 43577 TRANSPORTATION ENGINEERING ENGINEERING TRAFFIC PROJECT 1,714.20 43578 WAXIE MAINTENANCE SUPPLIES 955.22 43579 WEST GROUP CA CODE UPDATES 323.44 3 CITY OF GRAND TERRACE DATE: APRIL 27, 2000 CHECK REGISTER NO: C0008 OUTSTANDING DEMANDS AS OF: APRIL 27, 2000 CK. NO. Y.ENDO DESCRIPTION AMOUNT 43580 WESTERN DATA ENTERPRISES MILLENNIUM COMPUTER UNDATES 2,549.04 43581 WESTERN EXTERMINATORS CO. PEST CONTROL ON CITY BUILDINGS 155.00 43582 XEROX CORPORATION MONTHLY CHARGES FOR XEROX COPIER 282.30 43583 ZEPHYR PRODUCTS CITY SHIRTS FOR COUNCIL MEMBERS 105.11 SUBTOTAL 132,667.98 MARCH PAYROLL 152,270.11 GRAND TOTAL 284,938.09 I CERTIFY THAT,TO THE BEST OF MY KNOWLEDGE,THE AFORE LISTED CHECKS FOR PAYMENT OF CITY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE NECESSARY AND APPROPRIATE EXPENDITURES FOR THE OPERATION OF THE CITY. BERNARD SIMON FINANCE DIRECTOR 4 } CITY OF GR-%—N'D TERRACE r__Nl:;n;G CITY COUNCIL APPROVAL CITY COUNCIL MLtiti"TES REGULAR MEETD;G - APRIL 13, 2000 - 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 April 13, 2000, at 6:00 p.m. PRESENT: Byron Matteson, Mayor Dan Buchanan, Mayor Pro Tem Lee Ann Garcia, Councilmember Herman Hilkey, Councilmember Don Larkin, Councilmember Tom Schwab, City Manager John Donlevy, Assistant City :Manager Brenda Stanfill, ,City Clerk Virgil Barham, Building & Safety.Director Patrizia Materassi, Community and Economic Development Director Bernie Simon, Finance Director John Harper, City Attorney Lt. Hector Guerra, Sheriffs Department ABSENT: None The meeting was opened with invocation by Pastor Salim Elias, Azure Hills Seventh-Day; Adventist Church, followed by the.Pledge of, Allegiance led by Councilmember Garcia. SPECL-iL PRESENTATIONS ?A. Proclamation - National Community Development Week Mayor Pro Tem Buchanan read a proclamation proclaiming the week of April 24, 2000: through April30, 2000 as National Community Development Week in the City of Grand' Terrace joining with San Bernardino County in celebrating the 26' Anniversary of the, Community Development.Block Grant Program and recognize the importance of.the' program in the community of Grand Terrace. CONSENT CALENDAR CC-20W-47 MOTION BY MAYOR PRO TE_-M BUCHANAN, SECOND BY COUNCILMEMBER HH.KEY, CARRIED 5-0, to approve the following consent; calendar items with the removal of items 3E and 3G: 3A. Approval of Check Register No. C0007 3B. Ratify 04-13-00 CRA Action 3C. Waive Full Reading of Ordinances on Agenda 3D. Approval of 03-23-00 Minutes COUNCIL AGENDA ITEM NO. �� Council Minutes April 13, 2000 Page 2 3F. Resolution Recommending that the-League of California Cities and the California State Legislature Consider and Adopt Certain Fiscal Reform Measures. 3H. Senior Center Expansion Project - Changes/Appropriation of $4,764.55 from the Unallocated CDBG Fund Account ITEMS REMOVED FROM THE CONSENT CALENMAR 3E. Solid Waste Disposal Agreement Amendment - San Bernardino County CC-2000-48 MOTION BY COUNCILMEMBER HILKEY, SECOND BY COUNCILMEMBER LARKIN, CARRIED 5-0, to adopt amendment number 1 of the Waste Disposal Agreement to designate the following County solid waste facilities as the Designated Disposal Facility: Colton Landfill Mid Valley Landfill San Timoteo Landfill 3G. Resolution in Support of Safe Route to School Grant Application for the Realignment of Grand Terrace Road at Honey Hills Drive and Barton Road to Terrace View Elementary School. C+:-?000-49 MOTION BY MAYOR PRO TEM BUCHANAN, SECOND BY COUNCII.,MEMBER HILKEY, CARRIED 5-0, to approve a Resolution in Support of Safe Route to School Grant Application for the Realignment of Grand Terrace Road at Honey Hills Drive and Barton Road to Terrace View Elementary School. PUBLIC CONV�IENT - None ORAL REPORTS 5A. Committee Reports 1. Historical and Cultural Activities Committee a. Minutes of March 6, 2000 CC-2000-50 MOTION BY MAYOR PRO TEM BUCHANAN, SECOND BY COUNCII,MEMBER LARKIN, CARRIED 5-0, to accept the March 6, 2000 Minutes of the Historical and Cultural Activities Committee. 2. Park and Recreation Committee a. Resignation of Committee Member (Green) Council Minutes April 13, 2000 Pie 3 CC-2000-51 MOTION BY COLNCILMEMBER GARCIA, SECOND BY COUNCILMEM 3ER HILKEY, CARRIED 5-0, to accept the resignation of committee member Sarah Green and encourage her to reconsider her resignation from the Park and Recreation Committee. 3. Emergency Operations Committee a. Appointment of Committee Member (Johnson and Forbes) CC-2000-52 MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LARKIN, CARRIED 5-0, to appoint Jo Ann Johnson to fill and unexpired term on the Emergency Operations Committee continuing to June 30, 2000 and to appoint Hugh Forbes to fill an unexpired term on the Emergency Operations Committee continuing.to June 30, 2002. 5B. Council Reports Mayor Matteson, read a portion of a letter that he received from one of the families that purchased a home through our rehabilitation program expressing their appreciation. Mayor Pro Tern Buchanan, indicated that he had nothing new to report on transportation issues, however, transportation funding has become a hot political topic. Councilmember Garcia, invited everyone to attend the Hearts of Our City Gala and for information to contact the City. She reported that the Chamber of Commerce held an Open House at Mercer Digital Services. She indicated that the Chamber had some very good speakers at the last luncheon including a speaker on elder abuse and the Red Cross. She stated that more information on elder abuse can,be obtained through the San Bernardino County Office on Aging. She reported that SCAG has a digitized photo of the entire SCAG area which could be beneficial to the City. She indicated that SCAG is still working on the aviation plan. Councilmember Hilkey, indicated that at the next Council meeting Council will reward the Colton High School Academic Decathlon Team with pizza. He stated that he attended a SANBAG meeting with City Manager Schwab and Community and Economic Development Director Materassi on the North/South Corridor connecting Riverside County with San Bernardino County. He indicated that a presentation will be made at the first meeting in May on the joint effort between'the counties. He expressed his concern with the future traffic on Mt. Vernon Avenue and Barton Road. Councilmember Larkin,reported that he attended the opening ceremonies for Little League and that it was very enjoyable. He questioned the status of the restroom doors in the women's restroom at Pico Park. Assistant City Manager Donleyy, responded that the restrrom doors are on order. Council Minutes April 13, 2000 Page 4 Councilmember Larkin, reported that the Fire Department and the Azure Hills-Seventh Day Adventist Church will be hosting an Easter Egg Hunt on Sunday, April 23, 2000 at 10:00 a.m. and thanked them for their efforts. He also reported that he met with the individuals for the Town Square Project and felt that it was a good and beneficial meeting. PUBLIC HEARING 6A. An Ordinance of the City Council of the City of Grand Terrace, Authorizing an Amendment to the Contract Between the City Council of the City of Grand Terrace and the Board of Administration of the California Public Employees' Retirement System. Mayor Matteson opened discussion to the public, there being none he returned discussion to Council. CC-200-53 MOTION BY MAYOR PRO TEM BUCHANAN, SECOND BY COUNCILMEMBER LARKIN. CARRIED 5-0, to approve the second Reading of an Ordinance of the City Council of the City of Grand Terrace, Authorizing an Amendment to the Contract Between the City Council of the City of Grand Terrace and the Board of Administration of the California Public Employees' Retirement System. 6B. Public Hearing Amending the Zoning Code (Title 18 of the Municipal Code)of the City of Grand Terrace to allow an Administrative Conditional Use Permit Process to Expedite Design Review (Z-99-02 and E-99-11) John Lampe, Planner, indicated that there are many uses in the City's Development Code which require the filing of a conditional use permit (CUP). CUP's require an application submittal of extensive plans and drawings, filing fee as much as $2,000, and a public hearing before the Planning Commission with a total processing time of two to three months. Many times the nature of the particular request would suggest that such an extensive review is not warranted. The proposed Ordinance will allow the Director to approve smaller, less potentially impacting requests through an administrative review which would eliminate the public hearing. Such a review would be called an "administrative conditional use permit." Not all conditional use permits would be handled through and administrative review. There are circumstances where a "full" conditional use permit should be required. The administrative review will be reserved for small. non- impacting types of conditional uses. Staff recommends that the City Council adopt the first reading of the Ordinance adding Administrative Conditional Use Permits to the Zoning Code and approve the Negative Declaration in that there is no substantial evidence that the ordinance will have a significant impact on the environment. Mayor Matteson opened discussion to the public, there being none he returned discussion to the Council. Council NLnutes April 13, 20W Page 5 CC-2000-54 MOTION BY MAYOR PRO TEM BUCHANAN, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0, to approve the first reading of an Ordinance of the City of Grand Terrace, California, Amending the Grand Terrace Zoning Code by Adding Chapter 18.84 Pertaining to Regulations and Procedures for Administrative Conditional Use Permits UNFIlNZSHED BUSINESS 'a. Park and Recreation Committee Objectives/Duties Councilmember Larkin indicated that this item will be continued to the next Council meeting scheduled to be,held on April 27, 2000. NEW BUSL TESS 8A. Mid-Year Budget Adjustments FY 1999-2000 CC-2000-55 MOTION BY ,MAYOR PRO TEM BUCHANAN, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0,to approve the following mid-year budget adjustment for Fiscal Year 1999-2000: 1. Estimated Revenues by$75,000 in the General Fund for anticipated CDBG i project reimbursement as outlined in Schedule A. 2. Estimated Revenues by $82,350 in the Bike Lane Fund for potential grant , project reimbursement and $126,212. in anticipated reimbursements grants and other agencies as outlined in Schedule A. 3. Appropriate $141, 526 in unreserved, available General Fund balance to fund mid year budget adjustments as outlined in Schedule B and change or re-allocate line-items as indicated. 4. Appropriate $42,300 in unreserved, available Storm Drain Improvement Fund balance to fund mid year budget adjustments as outlined in Schedule B. 5. Decrease total appropriations in Gas Tax Fund expenditures by $11,500 to ' change or re-allocate line-items as outlined in Schedule B. 6. Create Fund 47 and Appropriate Funds - Barton Road Bridge Project consisting of$126,212 anticipated engineering costs as outlined in Schedule B. 7. Correct appropriation of$24,200 consultant fee for civic center restoration project and transfer said appropriation from General Fund to CRA Capital Council Minutes April 13, 2000 Page 6 Projects Fund as a CRA Project. 8. Confirm Schedule of Budget Adjustments as proper amendments to the Fiscal Year 1999-2000 Budget. * See Attached Schedule A and Schedule B 8B. Final Approval of Tentative Parcel Map # 15068 (Petta) CC-2000-56 MOTION BY COUNCILMEMBER LARKIN, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0, to approve Final Parcel Map No. 15068, direct staff to have cover sheet signed and record Final Parcel Map No. 15068 and accept signed encroachment agreement. 8C. Request to Schedule Special Meeting for Budget Hearings CC-2000-57 MOTION BY MAYOR PRO TEM BUCHANAN, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0, to schedule a Special Meeting for Budget Hearings on Monday, June 12, 2000 at 6:00 p.m. CLOSED SESSION - None ORDER OF ADJOURNT-N1EN T Mayor Matteson adjourned the City Council Meeting at 8:20 p.m., until the next CRA/City Council Meeting which is scheduled to be held on Thursday, April 27, 2000 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace City of Grand Terrace SCHEDULE A Midyear Budget Adjustment Reguests - Revenue Estimates Fiscal Year 1999-20001711199 to 6/3012000) Account Description Amount Adjust Estimated Revenue for anticipated 10-300-08 CDBG Reimbursement $75,000 CDBG project reimbursement at Senior Center. Adjust Estimated Revenue for potential 44-300-01 Grant Reimbursement $82,350 reimbursement from Sanbag Grant Adjust Estimated Revenue for potential reimbursement from a combination of 47-XXX-XX Reimbursements $126,212 State Transportation Grant, City of Colton, and GRAND TOTAL ADJUSTMENTS $283,562 Schedule A- Mid Year Est. Revenue Adjustments 9900REGADJ.123 City of Grand Terrace SCHEDULE B Midyear Budget Adjustment Realuests - EXPENDITURES Fiscal Year 1999-2000(7/1/99 to ti/30/2000) Account Vendor Description S Amount RFU 1) Adjust budget for prior year purchase orders carried 10-172-210 Staples Office Supplies $139 PO 6778 forward Into FY 99-2000. 10-370-250 Wieland&Asoc. Noise Element $8,007 PO 7906 (already taken out of available fund balance at 6/30/99) 10-440-700 Advance Micro Computer Child Care Computers $2,500 PO 6951 16-900-220 Central City Signs Signs $3,500 PO 6938 47-100-251 TY Lin International Eng. Barton Bridge Proj. $126,212 PO 6952 --------- ----- Total $140,358 2) Senior Center CDBG expansion project budgeted 10-805-704 Prime Line Drawings $1,500 in prior FY, but not done until FY 99-00. 10-805-704 Paul Crabtree Constr.Co. Expansion Construction $76.000 (Costs will be reimb.by CDBG Funds) Total $77,500 3) Additional advertising for Human Resources due to difficulty in finding candidates for open positions. 10-120-230 Various-advertising advertisements $800 4) Storm drain repairs on Mt Vernon budgeted In prior FY, but not done until this year. 12-903-703 Earl Frasier Constr. Co. Repairs $42,300 5) Re-allocate moneys within EOC budget to help pay for additional emergency generator repairs. 10-808-246 Various Repairs&Maint $400 10-808-270 N/A Travel/Conf/Meetings aam Total $0 6) Re-allocate moneys within Gas Tax budget for street maintenance to purchase signs and road equip. and 16-900-257 N/A Road Patching ($20,000) offset money already appropriated for video 16-900-220 N/A Street Signs $5.000 detection system. Total ($15,000) Schedule B- Mid Year Expenditure Adjustments 9900REGADJ.123 City of Grand Terrace SCHEDULE B M1dYvarJ3.sWget AdJ_u_Stme Requests - EXPENDIT tRFS Fiscal Year 1999-2000(7/1/99 to 6/30/2000) Account Vendor Description Amoun REF 7) Correct cost estimate thru end of FY for processing P/R procosslrr0 rusts, and add network license to 10-140-255 ADP Prof Fees- P/R�Procss. $7,000 ADP user fee. 8) Correct Salary&Wages budget for Finance Dept. due to final payouts to terminated employees and 10-140-110 N/A Salaries&Wages $22,500 use of part-time employee help. 9) Use of part-time accounting clerical help through the end of FY 99-00. 10-140-111 Various Part-time/Intern Help $5,000 10) Use of Interim Finance Director from 7/99 to 10/99. 10-140-250 Vavrenik, Trine Day Co. Professional Svcs. $11,500 11) Additional help needed to recalculate cost allocation plan,duo to numerous changes hi 10-140-250 Various Professional Svcs. $2,500 FY 99-00 budget. 12) Staff accounting assistance to get Finance Dept. current and ready for FY 00-01 budget time 10-140-259 Various Professional Svcs. constraints. $4,080 - ------------ GRAND TOTAL ADJUSTMENTS $298,538 Schedule B- M1d Year Expenditure Adjustments 9900REGADJ.123 _ I CITY OF GRAND TERRACE CITY OF GRAND TERRACE CREME PREVEN- TION COMMITTEE Regular Meeting A P R 18 2000 NUN TES March 13, 2000 CRC The Grand Terrace Crime Prevention Committee met for the regular monthly meeting at the Senior Center, Grand Terrace,California at 1800 hours. NIEMBERS PRESENT: Philomene Spisak, Chairperson, Bitsy Bernor, Vice Chairperson, JoAnn Johnson, Claire McElwee, Dottie Raborn, Lewis Neeb and Dick Rollins. MEMBERS ABSENT: 'None CITY STAFF/ Tanya Cahill, Community Services Officer, and Lt Pete Ortiz SHERIFF'S DEPT GUESTS PRESENT: Bob Stewart, Citizen Patrol member. AGENDA: The agenda was read by the'members present with Lewis Nee4 making the motion that the minutes be approved as written with Dottie Raborn making the second. The motion was carried. MINUTES: The minutes of February 14, 2000 were distributed to the members present for their approval. Motion was made by Claire McElwee to accept the minutes as written with Bitsy.Bernor making the second. The motion carried. CORRESPONDENCE: There was no correspondence sent to the Committee. BUDGET: Dottie Raborn reported that there had been no change in the budget balance from last month and still stood at $11,808.00. UNFINISHED BUSINESS: Tanya Cahill reported thatall of the sponsors from last year were to repeat their sponsorship. A meeting has been scheduled in the conference room at City Hall, R•ednesday March 15, at! 0900 hours of staff pertaining to the activity of the parade day of Grand Terrace Days. All parties participating in planning and layout and scheduling will meet at that time. NEW BUSINESS: 1. The Chairperson announced that Lewis Neeb had been accepted by the Council to become a permanent member. An action item will be submitted to the Council requesting to fill the opening for a new alternate member, replacing the vacancy left by Mr. Neeb. 2. It was announced by Lt Ortiz that he is being re-assigned to COUNCIL AGENDA ITEM NO.r1n,�C County Jail and Lt Rick Carr would be his replacement for the City of Grand Terrace. Pete expressed his regrets for having to leave and stated that he had enjoyed working with the Committee and the City. 3• An "All Volunteer Day" meeting was to be held at Central Headquarters at 1900 hours. This is to be an instructional/ training meeting for all volunteers that work with the Department. 4. A Pot-Luck dinner is scheduled honoring newly appointed Captain Gomez, Lt Rick Carr and Lt Pete Ortiz and Captain Bottrell. It was stated that some members of Cit<-and Council will attend. The date has been scheduled for March 27,2000 at 5 PM. 5. Bitsy Bernor reported that she has been able to secure the necessary paper for the printing on the Auto Cad Program as it had been approved by the Council. 6. Tanya Cahill reported that there has been four grand theft auto reports and several vehicle break-in and burglaries for the past month. Most of which were in the apartment complexes. 7. Lewis Neeb reported that 374 hours of Citizen Patrol time had been turned in for the month of February with a total thus far this year of 806 hours time. 8. Tanya Cahill expressed the'thanks of the City and the Patrol to the Lions Club of Grand Terrace for their generous donation of 51,000.00 for Grand Terrace Days. She stated that she would be preparing a letter of thanL-s.to the Lions Club president. There being no further business to discuss, the meeting was adjourned 1915 hours. Respectfully- submitted, RICHARD ROLLINS Recording Secretary CITY OF GRAND TERRACE Histor'xl & Cultural Activities Committee APR Z 0 2000 Minutes for April 3, 2000 CITY CLERK The meeting was called to order at 7 p.m. by Chairman Pauline Grant. Th_se present were Pauline, Tracey Martinez, Shelly Rosenki '.Colleen Edmundson and Hannah Lester. Shelly read a note that Betty Trims le wrote to Vi Gratson-aboutmissing:er and all the good work she did for the City. This was gre=ly appreciated. The Secetary's Minutes for March were read and approved on motion� Colleen, seconded by Pauline- The The Tre--urer's Report shows a Budget balance of$923.84, Petty Cash 5W.75. Historical Report:Colleen talked to Jim Harber w-ho seemed interested an:she will also talk to Kim Hathawzv.. Art Show: Shelly revised the poster and will have them ready by the 21'. ann Petta was absent so': we had no report on number of a=es. Tracer will check on sandwich bated and screens. Hannah made a motion,seconded by Colleen,to allow Shelly to make a new sandv-ch board if old one is not found. We will serve finger foci, punch and water. We need cups, =kips and small plates. , Workshaps will be held on the l0=and 24' if necessary to finish paindru signs. New Business: Budget fcr next year-$900.00 for special expense.$300.00 for office surllies for a total request of $1,200.00. l Applica on for membership receiN-:d from Barbara Tinsle-,-will be held ovc-intil next meeting when:. everyone is present. The meeting.was adjourned at 7:=0 p.m. The next meeting will be May :.2000. Respect illy Sub tted, - i Hannah Laister Secretary COUNCIL AGENDA ITEM NO. F-n� ORDINANCE NO. AN ORDPi.kNCE OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDM THE GRAND TERRACE ZOtiTNG CODE BY ADDLNiG CHAPTER 18.84 PERTAItiING TO REGULATIONS AND PROCEDURES FOR ADNIMSTRATIVE CONDITIONAI, USE PERMITS W"HEREAS, mangy times the nature of a particular request requiring a conditional use permit suggests that the exte:isive review of a regular conditional use permit with a public hearing is not warranted;and NN!MREAS, an expedited conditional use permit process for certain qualified uses would help small businesses and fig:her the City's planning and economic development goals; and W-HERR-kS, there a:-,- several sites in the City- «7th existing buildings having suites of limited area where the rec-_rement for a public hearLrig for a conditional use does not seem appropriate given the size an_- nature of the proposed use; and WHEREAS, sever-_' other jurisdictions in the State of California have adopted similar administrative proced-zes to -:view and approve minor conditional use permits without setting the matter for a public hearing; and WHEREAS,:he prcposed criteria to determine whether a conditional use qualifies for an administrative review-and aF-roval will insure that no adverse impacts«ill result to the surrounding area, the commumvy or the environment; and, WHEREAS, the F�'posed criteria will insure that the larger, major hinds of projects requiring a cond:::o� use ill only be reviewed through the regular, conditional use permit requirements, inc :tdis_g a hearing. of Chapter 18.8; of-tee Zoning Code; and WHEREAS, the C_7.- of Grand Terrace desires to expedite all of its case processing procedures where possible: :=_d '*`IEREAS, a Neg_-ive Declaration was prepared b,: the Community and Economic Development Deponent any: duly posted for public review-and recommended for approval by the Planning Commission on Fe-ruarn- 17. 2000 at a publicly noticed meeting; and WHIEREAS,rave foLc-.:irtg findings have been set forth :n the Staff Report to the Planning Commission of the Ci ,,- of C=d Terrace: 1. The proposed prc_ect is consistent with the General Plan in that the expedited and streamlined administrad- ve ccnditional use permit process will further the City's Goals to continue the development of new and od commercial areas and promote light. non-polluting industrial uses. 2. The proposed ame::dment to the Grand Terrace Zoning Code is consistent with all other COUNCIL AGENDA ITEM N01 ,-714 applicable requirements of local ordinances and state law in that the proposed crit`ria to grant an administrative conditional use permit will not conflict with any existing provision of the Zoning Code and will be in conformance with the C .ifornia Environmental Quality Act. 3. The proposed amendment will not be detrimental to the health, safety,morals, comfort or general welfare of the persons residing or woridng within the City of Grand Terrace or be injurious to property or improvements within the City o.Grand Terrace.. The proposed Ordinance will contain provisions to insure that all potential adverse impacts must be fully mitigated follo-wing review by appropriate public agencies. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: Section 1: A new Chapter 18.84 - Administrative Conditional Use Permit is added to read as follows: CHAPTER 18.84 ADINILti1STRATIVE CONDITIO\AL USE PERMITS Section 18.84.010 Purpose: The purpose of this Cr-apter is to establish the Community and Economic Development Director's authority to issue administrative conditional use _ permits without setting the matter for a public hearing in order to expedite certain minor conditional uses to both further the economic goals of the City and protect the commmity's health. srfen, and welfare. Section 18.84.020 Definition: An Administrative Conditional Use Permit is the administrative review, approval or denial by tye Community and Economic Development Director without setting a publl-c hearing for those uses requiring a conditional use permit and meeting the criteria as specified by this Chapter. Section 18.84.030 application. The Community and Economic Development Director is authorized to consider and to approve. disapprove or modify applications for any of the uses or purposes for wch such permits are required by the terms of this title and meet the criteria as established by this Chapter. Such administrative conditional use permits shall be revocable, may be subject to conditions of approval and may be valid only for a specific period of time in case the Director desires to set an expiration date. Section 18.84.040 Submittal Process: Applications for an administrative conditional use permit shall be submitted to the Community and Economic Development Department. The Commun e• and Economic Developrent Di.--ctor shall review each application and determine its completenes: in acecrdance with State law. In a::dition. an application for a condition.' use permit shall consist of the following: A_ Completed application form. B. Letter of Intent to describe the n'pe of business and to establish c=ent level of intensity of activit":es, i.e.,7affic, hours of operation, number of employees, noise levers, etc. C. Sire plan, ten (10) copies. The site plan shall be drawn at an appropriate scale and shall be a :.illy dirensioned drawing clearly showing: 1. All buildings, property lines and easements. 2. All parking spaces, drive,,vays an drive aisles. 3. All landscaped areas. exisi ng anz proposed. 4. All walls and fences. 5. Site address and assessor':parcel number. 6. 'North arrow, graphic and numeric scales. D. Floor plans, ten (10) copies. ::ie tlo r plans shall be scaled, di- ensioned drawings of each i::or of each structure showing all existin7 and proposed interior irr;.ovements. E. Application Fee as required by Cin-'s Fee Ordinance (Title 4 Comprehensive Fee Schedules, F: es and Taxes) F. The Community and Economic Development Director may require additional information or delete certain requirements from an application depending on the specific sirwtion_ Section 18.84.O50 Criteria for Administrative Conditional Use Permit: A v use in this title requiring a condition-: use permit may be approved by the Communit%• and Economic Development Di_,-ctor as an administrative conditional use permit if it complies with the foLowing criteria: A. T e proposed use will be located in an exi dng building, old and new. B. The proposed use shall not exceed 2,000 square feet in-sme. C. All applicable zoning regulations and standards will be met including off-street parking and signage. D. All potential adverse impacts Rill be fully mitigated follow ng review by the appropriate agencies such as Fire. Health, Air --juality and Sheriff to insure that this requirement ;ill be met. E. The proposed use must qualify for a "categorical exemption" under the California Environmental Quality Act or otherwise b- cleared by the responsible environmental agency, Le., County of San 3emardino Health and/or Hazardous Division. Section 18.84.060 Conditions of Approval: In granting an administrative conditional use permit, the Community and Economic Development Director shall require that the use and dmvelopment of the property conform with a site plan_architectural drawings,or-statements submitted in support of the application_ or such modifications th=�of as may be deemed necessary. In addition, the conditions of approval =v include, but are not limited to those items listed in Section 18.83.031 o-,:ais Title. Section 18.84.070 Revisions or Modifications Revisions or modifications of administrative conditional use permits may be requested by the applicant. Further, the Community any Economic Development Director may periodically review or modify an ac_:_Lnistrative conditional use permit. Such revisions or modifications shall subject to the follo«ing provisions: 1. Revisions or Modifications Requested by the Applicant: A revision or modification to an approved administrative conditional use permit such as, but no limited to, change in =onditions, expansions, intensity or hours of operation may be requested by the applicant. The requested revision or modification shall cm processed in the same manner as the or=inal administrative cor:nzional use permit as long as the request m--ts the criteria of Section .:8.84.50 of this Chapter. 2. Review-by the Community and Economic Development Director: The Community and- Economic Development Dir--ctor may periodically review any administrative conditional u-se-, permit to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is rot detrimental to the public health safety or welfare, or materially i-*urious to properties in the vicinity. If after the Director's review,if:,-arranted, the matter may be refer-mod to the Planning Commission for additional review. If after the Planning Commission's review, the Commission deems chat there is fficient evidence to warrant a fuI examination, then a public hearir—t date shall be set. At such public hearins.the Planning Commission may modify or revoke the permit pursuant to Section 18.83.080 of this Title. Section 18.84.080 Review and Notice: Followin-g the subrzi:tal of an application for an administrative conditional use permit, the Corn--unity and Economic Developmer.:Director shall route the plans submitted to all reviewing agencies and shal mail notices of the proposal to the adjazent property owners requesting =t anv comments be submitted to the Ciry within two weeks. Section 18.84.090 Approval Process: Follow:-_ the subn_ tal of an application for an admit istra ive conditional use pe=1 t and once an application is deemed complete.it sh 11 be approved, denied or modified b1-the Community and Economic Development Director. The Director shall a-prove the application only it he,''she fin rs: A. propose—f use will not be: I. Detrimental to the health.. safer.% mot .Is, comfort or general welfare of the persons -esi '_' or working within the neighborhood ofthe;.opo_ed amendment or within the eitv. ?. Injurious to property or improvements in the neighborhood or within the city. B. The propose use will be consistent with:he C:ma's General Plan. C. %.e propose:: use meets the criteria for an admiLs native use as listed in Section 18.84.50 of this Chapter. D. Conditions ne-zessary to secure the purposes of this chapter are made a part of the administrative conditional use per=it. Section 18.8.1.0100 .appeal Process: Any item which could not be satis-'_-torily reviewed at the Director's level may be subject to referral and rev::-r by the Planning Commission at the discretion of the Community and Economic Development Director. In addition, the Community and Econcntic Development Director's decisions sha'1 be final unless appealed to the Planning Commission within 10 calendar days of the date of the letter infc--ming the applicant of the Director's decision. Appeals shall be filed with the Community and Economic De%elopment Department and shall `-How similar rules as the appeals to the Cir: Council under Section 18.83.04) of this Title. Section 18.84.0110 Revocation: And- administrative use permit gram:d in accordance with this title may be revoked if any of the following acticrs occur- A. Any violation of an administrative conditional use permit's required condition o--pproval. B. Anv federal, state c- local la,.v or ordinance is violated in connecT.on with an =' itustrstively conditionally permitted use. - - The Planning Commission shall 'old a public hearing to consider the proposed revocation. Said hearin_ shall be noticed in accordance with Sect on 65091 of the California Gc-:ernmeM Code. After conducting the pul-:ic hearing the Planning Commis-L'on shall make a recommendation to the Cir- Council regardinLy the revoca-.,n of the administrative conditionally perTimed use. .der receiving the P12 Wing Commission's recommendation, the City Council shall conduct its -%vn public hearing and make a final dete-nination to revoke, amen:: or leave unchanged the subject administrative conditional use pe=- Section 18.84.0120 Expiration and Extensions: The Community and Economic Development Director may allow an adr--;iistrauve conditional use to ope-te in a :ocation for the duration of the coned use or may allow it vith a -7ecific expiration date. The following re,-.:.ations are for both types of Con itional Use Permits: A. Permanent Administrative Cl-nditional Use Permit The Community and EcoL_mic Development Director allows a particular administrative con:_donal use to be on a particular location subject to conditions of approval. No expiration time is set. 1. Compliance Period: The approval of a permanent administrative conditional use permit application shall automatically expire one(1)year from the date of its approval unless: a. All conditions of approval have been met, or b. Sufficient investment has been completed and building permits are issued, or C. A business license is issued in accordance with the Grand Terrace Municipal Code. In case the applicant is not able to comply with sections a, b, or c of the aforementioned section, then the applicant shall apply for an extension of the one year compliance period prior to the end of that one year period_ The Community and Economic Development Director may erzend the compliance period for a specific length of time up to one Near. Two extensions are the maximum alloyed. B. Administrative Conditional Use Permits with an expiration date If the Community and Economic Development Director has set a specific expiration date for the proposed use, no extension will be permitted. If the applicant desires to continue operation of the use after'the expiration date, the applicant shall be required to file a new application for an administrative conditional use permit or other appropriate application. Section 2: The Negative Declaration, E-99-11, attached hereto, is hereby approved. Section 3: Effective Date: This Ordinance shall be in full force and effect at 12:01 a.m. on the 31 sit day of its adoption. Section 4: Posting: The City Clerk shall cause this Ordinance to be posted in th:-ee (3) public places within fifte--n (15) days of its adoption. as 'esigrated c: such purpose by- the City Council. Section 5: First read at a regular meeting of the City Council of said City held on the 13th day of April, 2000 and finally adopted and ordered posted at a regular meeting of said City Co=cil on the 27th of April, 2000. ATTEST: City Clerk of the City of Mayor of the City of Grand Terrace and of the Grand Terrace and of City Council thereof the City Council thereof I, BRENDA STA\FILL. City Clerk of the City of Grand Terrace, California„ do h:-ebv certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the_th day of .2000: by the following vote: AYES : NOES: ABSENT: ABSTAIN: Cite Clerk Brenda Stanfill Approved as to form: City Attorney John Harper c:ioffice..wpw•in\wpdocs\planning`john x:mincap�.i?.ord 'i C I T lr fiMA b TER c Community and Economic Development Department NEGATIVE DECLAR.aTION Pursuant to the California Environmental Quality Act,a`egative Declaration is hereby filed on the belov►, referenced project, on the basis that said project will not have a significant effect on the environment. DESCRIPTION OF THE PROJECT: Z-99-02, and E-99-11, an amendment to the Zoning Code (Title 1S of the Municipal Code) of the City of Grand Terrace to add an amendment to establish regulations and procedures for an administrative conditional use permit process APPLICAINT: City- of Grand Terrace y LOCATION: Citv Wide FI\SING OF NO SIGNIFICANT EFFECTS: Based on the attached Initial Study. There is no substant _1 evidence that the projec: will have a ! significant impact on the environment. Patriaa Materassi Date Community and Economic Development Director i City of Grand Terrace i i PM:JL:jl i c:1.%%-p61_..planning jnn air e9911.nd i 22795 Barton Road • Grand Terrace. California 92 13-519- • (909) 824-662'_ City of Grand Terrace Community and Economic Development Department En�-ironmental Checklist Form 1. Project Title: City of Grand Terrace General Plan Revision—Amend the Zoning Code to allow Administrath-e Conditional Use Permits '_. Lead Agency\ame and Address: City of Grand Terrace Community and Economic Development Department 22795 Barton Road Grand Terrace,CA 921313 3. Contact Person and Phone\u✓ber: Patrizia Materassi, Community and Economic Development Director. (909)430-2247 4. Project Locaticn: City-Wide,City of Grand Terrace,CA 92313 Project Sponsor's Name City of Grand Terrace Community and Economic Development Department 6. General Plan Designation: NIA Zoning: N/A 8. Description of Project: (Descr-e the ole action involved, including but not limited to later phases of the project, and any secondary,surpoM or off-site features necessary for its implementation. Attach additional sheets if necessary.) The proposed project is to prepare and add an amendment to the City of Grand Terrace's Zoning Code to establish reelations and provisions allowing for an administrative conditional use permit procedure. This will authorize the Community and Economic Development Director to consider and to approve or modify certain minor conditional use permits without setting the matter for a public hearing. 9.. Surrounding Land Uses and Settings: (Briefly describe the project's surroundings.) North: N/A. East: N/A. South: N/A. West: NIA. 10. Other agencies whose approval 'is required (e.g., permits, financing approval or participation agreement) None Environmental Factors Potentially Affected: Community and Economic Development Department 1 Initial Study and Environmental ,analysis T'ne environmental factors checked below would be potentially affected by this project,involving at least one impa.-that is a"Potentially Significant Impact"as indicated by the checklist on the following pages. ❑ Land Use and Planning ❑ TransportatioNCirculatien ❑ Public Services ❑ Population and Housing ❑ Biological Resources ❑ Utilities and Services Systems ❑Geological Problems ❑ Energy and Mineral Resources ❑Aesthetics ❑Water ❑Hazards Z!Cutr=ral Resources ❑Air Quality ❑Noise J Rec:ation Determination: Mandatory Findings of Significance On the basis of this initial evaluation(To be completed by the Lead Agency): I find that the proposed project COLI.D NOT have a significant effect on the environment,and a NEGA:; VE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effe:on the environment,there will nct be a significant effect in this case because the mitigation measures desm-,tbzd on an attached sheet have been ,sided to the project. A\EGATIVE DECLARATION will be prepare ❑ I find that the proposed project MAY have a significant elect on the environment, and an ENVIRONMENTAL DYIPACT REPORT is required ❑ I find that the proposed project INLAY have a significant effect(s)on r—he environment,but at least one erect 1)has been adequately analyzed in an earlier document to applicable leYl standards,and 2)has been addressed by mitigation measures based on the earlier analysis as descny s ed on attached sheets, if the effect a "potenially significant impact" or "potentially signir:cant unless m igated." An EN'VIRONME\:AL IMPACT REPORT is required, but it must analyze only the effec-s th_t remain to be addressed. ❑ I find that although the proposed project could have a sip.ificant effect on the environment,there WILL NOT be significant effect in this case because all potentially sinificant effete(a)have been analyzed adequately in an earlier EIR pursuant to applicable standards and(b)have been avoided or mitigated pursuant to that ex-Her EIR, including recisions or mitigation measures that are imposed upon:.he proposed project. /11 7i , 4 too Signature Date I Patrizia Ma—terassi Community and Economic Development Director Printed Name Title Evaluation of Environmental Impacts: Community and Economic Development Department ? Initial Study and Environmental Analysis 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported'by the information sources a lead agency cites in the parentheses following each question. A "No Impact"answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A"No Impact"answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on- ram' site,cumulative as well as project-level. indirect as well as direct, and construction as well as operational impacts. 3) "Potential Significant Impact' is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potential Significant Impact" entries when the determination is made, and EIR is required. 4) "Potential Significant Unless Mitigated Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potential Significant Impact"to a"Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures Lom Section XVII. -Earlier Analvses," may be cross-referenced). 5) Earlier Analyses may be used where,pursuant to the tiering,program EIR, or other CEQA process, an effect.has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g.. general plans, zoning ordinances). References to a previously prepared or outside docLment should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or indi%iduals contacted should be cited in the discussion. Community and Economic Development Department 3 Initial Study and Environmental Analysis Issues(and Support Information Sources): Potentially Potentially Less than No ' Significant Significant Significant impact Impact finless Impact Mitigation Incorporated I. Land Use and Planning. NVould the proposal: a) Conflict with general plan designation or zoning? ❑ ❑ ❑ —, (Source: General Plan Categories Map; Zoning District Map; BRSP District Map) b) Conflict with applicable environmental plans or ❑ ❑ ❑ policies adopted by agencies with jurisdiction over the project? (There are no known agencies where the proposed amendment would cause a conflict. ) c) Be incompatible with existing land use in the vicinity? ❑ ❑ ❑ (Zoning District Map, BRSP-Zoning Regulations, City Zoning Code) d) Affect agricultural resources or operations(e.g., ❑ ' impacts to soils or farmlands, or impacts from incompatible land uses)?(There are no significant agricultural resources in Grand Terrace) e) Disrupt or divide the physical arrangement of an ❑ ❑ ❑ established community (including a low-income or minority community)?. (\o specific development is proposed by the amendment to the Zoning Code.) A brief explanation to answer I: ; ( The proposed amendment will authorize the Community and Economic Development Director to consider,approve or Tcdif� applications for certain minor conditional use permits without setting the matter fc-pudic hearing. These requests will_ave•w meet a.strict set of critera to be eligible for the administrative review. No conflic ,with existing plans or policies is ar::cate_ All approvals under the proposssed process will have to compatible with the existin_lard use surroundih;the sub;ect rec__st. IL Population and Housing. NVould the proposal: a) Cumulatively exceed official regional or local population projections?( ) ❑ b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeN-eloped area _.i J ❑ or extension of major inf-rstructure)? c) Displace existing housing. especially affordable i housing? O J J J - Community and Economic Development Department 4 Initial Study and Environmental Analysis Issues(and Support Inf:,rmation Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated A bref explanation t` answer II: The proposed p-:ect is to amend the City's Zoning Code to a"cw for the Community and Economic Development Director:o administrative]-. -:view,and if appropriate,approve certain tn-or conditional uses in existing structures. No substantial growth will o=from these approvals and it anticipated that no existing housing will be displaced. III Geologic Problems. Would the proposal result in or expose people to pot_atial impacts involving: a) Fault rupture- (.General Plan MEA/EIR- ES-4) ❑ ❑ ❑ b) Seismic grog' shaking?(GP MEA/EIR-II-1) ❑ ❑ ❑ - c) Seismic gro=� failure, including liquefaction? (GP ❑ ❑ ❑ MEA/EIR- E-1) d) Seiches, tsunami, or volcanic hazard? (GP NIEA/EIR ❑ ❑ ❑ II-1) e) Landslides o.mudflows? (GP N1EA,EIR II-1) ❑ ❑ f) Erosion, char_es in topography or unstable soil ❑ ❑ ❑ conditions fr=n excavation. grading, or fill? (GP VIEA/EIR II-_30 g) Subsidence o::he land? (GP MEA/EIR II-1, Append ❑ ❑ ❑ B) h) Expansive soy? (GP &1EArEIR II-1, Append B-4 ) ❑ ❑ I) Unique geole_c or physical features" (GP `-1EA/ELR _.1 iI-1) A br:fexplanation:= answer III: The proposed p7:ect is to allow the Community and Econom::De%elopment Director to review and. if appropr.::te, approve certain minor cc-__rional uses in existing structures. As no n:xv development in the way of new structures will be allowed. no ;eologic problem are anticipated. Community az.:Economic Development Department 5 Initial Study and Ew. ronmental Analysis Issues(and Support Information Sources): Potentially Potentially Less than so Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated IV. Rater. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the ❑ ❑ ❑ rate and amount of surface runoff? (GP NiEA/EIR H-1 Append B) b) Expose to people or property to water related hazards ❑ ❑ such as flooding? (GP N EA`EIR II-1) c) Discharge into surface water or other alteration of zi ❑ ❑ surface water quality (e.g., temperature. dissolved oxygen or turbidity)? (GP N 1EA/EIR 11-1) d) Changes in the amount of surface water in anv water _J ❑ ❑ body? (GP NfEA/EIR H-1) e) Changes in currents, or the course or direction of water ZI movements? ( ) f) Changes in the quality of ground waters. either through ,3 ❑ direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? 3 (GP MEA/EIR II-1) ; g) Altered direction or rate of flow of groundwater? (GP ❑ ❑ ❑ N EA,TIR II-1) h) Impacts to groundwater qualin? (GP `fE.k--`EIR II-1, :I ,:.I ❑and 97 Regional WCA Report) I) Substantial reduction in the amount of groundwater _! ] ❑ otherwise available for public water supplies? (GP MEA/EIR II-1) A brie:explanation to answer IV: As no new development in the way of new structures will be allowed under the Administrative procedure,no potential adverse impacts to drainage patterns or ground water are expected to result from the approval of the proposed amendment. Community and Economic Development Department 6 Initial Study and Environmental Analysis Issues (and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact. :Mitigation Incorporated V. Air Quality. Would the proposal: a) Violate any air quality standard or contribute to an .I existing or projected air quality 1,zolation? (GP N EA/EIR II-14, and AQNT) b) Expose sensitive receptors to pollutants? (The Element J contains an implementing action to reduce such exposure) c) Alter air movement,moisture, or temperature, or cause :1 any change in climate? (.Any such implementing actions are designed to have a positive effect on the region's air quality) d) Create objectionable odors? (;No specific odor causing I � . � i proposals are included in the Element ) A brief explanation to answer V: The proposed project is an amendment to the City's Zoning Code which dill authorize the Community and Economic Development Director to consider, approve or modify applications for certain minor , conditional use permits without setting the matter for a public hearing. One of the criteria to be eligible for this procedure is to have the proper clearance from the regional air quality management district. T' s mill insure that no adverse impacts ro air qualify will occur. Community and Economic Development Department P P Initial Study and Environmental Analysis Wues(and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated %1. Transportation/Circulation. Would :e prop:_al result a i Increase vehicle trips or traffic cong:stion? ❑ � (Trans. Engineering and Planning C nsultant) Hazards to safety from design feat=�s (e.g., ❑ ❑ sharp curves or dangerous intersect ris) or incompatible uses? ( ) Inadequate emergency access or access to ❑ ❑ J nearby uses? ( ) Insufficient parking capacity on-site or off-site? ❑ J zi i Hazards or barriers for pedestrians c- ❑ J J bicyclists? (TCM.Ordinance 147) Conflicts with adopted policies supT rting ❑ J J -, alternative transportation (e.- bus ::--nouts, bicycle racks)? (TCM Ordir_ance 1=-.) Rail, waterborne or air traiiic impac_1 O ❑ J J - =ef explanation to answer VI: The proposed project is an a::endm-t to the City's Zoning Code «-hich will authorize the Community and Economic Development Director to consider. approve or modify applications for certain minor conditional use permi_ without setting the matter for a public hearinQ. In order to quality for an administrative Condit-::al use permit, the request will have to be "categorically" exempt under the California Enviro=ental Quality Act. This i;ill insure that no adverse impacts % ill occur to transportation, e- 'circu on facilities in the City. Community and Economic Development De,artment 8 Initial Study and Environmental Analysis Issues (and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated VII. Biological Resources. Would the proposal result in impacts to: a) Endangered, threatened, or rare species or ❑ p ❑ ■ their habitats (including but not limited to plants, fish, insects, animals, and birds)? (GP MEA/EIR 1I-20, Append C) b) Locally designated species (e.g., heritage ❑ ❑ a trees)? (GP MEA/EIR II-20) c) Locally designated natural communities (e.g., Cj ❑ oak forest, coastal habitat, etc.)? (GP MEA/EIR II-20) d) Wetland habitat (e.g.. marsh, riparian, and ❑ ❑ p vernal pool)? ( ) e) Wildlife dispersal or.migration corridors? D (GP MEA/EIR II-20) Brief explanation to answer VII: The proposed project is an amendment to the City's Zoning Code which will authorize the Community and Economic Development Director to consider, approve or modify applications for certa:-minor conditional we permits -,�ithout setting the matter for a public hearing. In order to quality for an administrative conditional use permit, the request AU have to be "categorically"exempt I under the California Environmental Quality Act. This «ill unsure that no adverse impacts Rill occur to an% biological resources in the Cit-.-. Community and Economic Development Department 9 Initial Study and Environmental Analysis Issues(and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated 'III. Energy and Mineral Resources. W--iuld the proposal: a) Conflict with adopted et:=-- ❑ a ■ conservation plans? (GP `1EA/EIR 1I-19, and Append D) b) Use non'-renewable reso=es in a ❑ zi a ■ wasteful and inefficient manner? c) Result in the loss of availa—zility of a ❑ J ❑ ■ known mineral resource =--at would be of future value to the---ion and the residents of the State' GP ,MEA/EIR II-19, and Appe_ad B) Brief explanation to answer VIII: No mineral resources have been identiL-- in the Citz-. The proposed amendment to the Zoning Code is not expected to affect energti• conser:—Dn plans e- non-rene«able resources. No potential adverse impacts to energy or mineral resources a7f expected result from implementation of the project. Community and Economic Development De-_-.astment 10 Initial Study and Environmental Analysis i i Issues(atd Support Information Sources): Potentially Potentiauv Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated LX. Hazards. Would the proposal in%-o'_-.-e: a) A�risk of accidental ex:Iosion or ❑ Cj p — release of hazardous s;;stance (including, but not lin:__ed to: oil, pesticides, chemicals. cr radiation)? (GP NIEA/EIR II-7) 0) Possible interference Rah �I G emergency response p:_n or emergency evacuation-lan? (GT Emergency Plan, and CP MEA/EIR II-13) _) The creation of any he:_'tl hazard or �! potential health hazarc-- (GP `iEA EIR II-1) �) Expose of people to existing J J sources of potential hem th hazards? (GP MEA/EIR II-1) ' e) Increase fire hazard in yeas with zi ZI flammable brush, grass. or trees? (GP MEATIR II-6) E-ief explanation to answer IX: The proposed project is an amendmerr to the City's Zoning Code which will authorize the Community and Economic Development Director to consider, approve or modify applications for certain minor conditional use permits:.ithout setting the matter for a public hearing. In order to quality for an administrative condition use permit, the request will have to be"categorically"exempt under the California Environmental Q.:ality Act_ This will insure that no adverse impacts will result from hazardous conditions in the Cin-_ C.)mmunity and Economic Development Department 11 Initial Study and Environmental Analysis Issues(and Support Information Souses): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated X. Noise. Would the pro osal result in: a) Incre a in existing noise levels? p O (GP MEA/EIR H_10) b) Exposure of people to severe noise a O levels-' (GP tiE:/'EIR II-10) Brief explanation to ans w er X. The proposed project is an amendment to the City's L.nni.ng Code which will authorize the Community and Eco:omic Development Director to :;:)nsider, approve or modify applications for certain minor conditmal use permits without settins the matter for a public hearing. In order-toqualin for an administrative conditional use permit, tin` request will have to be "categorically" exempt under the California Environmental Quality Act. As kart of the review process, any use that may generate excessive n:ise will be referred to the Counr=- Health Department to analyze potenti: noise impacts and the prop_sed project must comply with a.�- mitigation measures suggested by the Counts, Health Department. M. Public Services. Nk-ould the proposal have an effect upon, or result:n a need for new or altered government services L'a any of the following areas: a) Fire p-otection? ( ) J Zi _ b) Polic:protection? ( ) _.i �.1 ❑ c) Schoc-IS? ( ) =J ❑ d) Maimmance of public facilities. J ❑ 0 - incluLng roads? ( ) I e) Other?overr mental services? ( ) J ❑ a - Community and Econo='z Development Department 12 Initial Study and Environmental Analysis Issues(and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated Brief explanation of answer M. The proposed project is an amendment to the City's Zoning Code which will authorize the Community and Economic Development Director to consider, approve or modify applications for certain minor conditional use permits without scone the matter for a public hearing. In order to quality for an administrative conditional use permit, the request will have to be "categorically"exeT under the California Environmental Quality Act. All of the proposed administrative conditional use permits will occur in existing buildings where public services already exist. No impacts are anticipated from these relatively- minor proposal; in existing buildings. XH. Utilities and Services Systems. Would the proposal re�.Jt in a need for new systems or supplies, or substantial alternations to the follow na l utilities: a) Power or natural gas? (GP ❑ ❑ ❑ 11EA/EIR II-32. II-33) b) Communications systems? (GP MEA/EIR II-33) `� ❑ ❑ c) Local or regional water treatment or ❑ ❑ ❑ distribution facilities? (GP MEA/EIR II-30 d) Sewer or septic tanks? (GP �l ❑ MEA.'EIR II-30) e) Storm water drainage? (GP J 0 NfEA/EIR II-33) 0 Solid waste disposal? (GP ❑ ❑ ❑ MEA/EIR II-32) g) Local or regional rater supplies' ❑ ❑ (GP NiE.A.EIR II-30) Community and Economic Development Department 13 Initial Study and Environmental Analysis Is-cues(and Support Information Sour-�): Potentialh• Potentially Less than No Significanr. Significant Significant impact Impact Unless Impact Mitigation Incorporated Brief explanation of answ-z::--7I. The proposed project _ an amendment to the Citv's Zoning Cc: «-hick will authorize the Community and Economic Development Director to consider. xpprove or,modify applications for certain minor condition; use permits without setting the mattes for a public hearing. In order to quality for an adminis=:i •e conditional use permit, the reques -Mil have to be "eategoricaliv"exempT under the California E_--:-ironmental Quality Act. All of the prcposed administrative conditional use Permits will occur in e.�sting buildings where utilities and serv;c els systems already exist. No impacts are anticipated from t>�;e relatively minor proposals in existin-- buildings. MIT Aesthetics. Would �:he proposal: a) Affect a scenic vista or scenic highwa:=? (GP NfEA/EIR 1I-22) b) Have a --�-monstrable negative ] ] ] ■ aesthet: erTect? c) Create or glare? ( ) ] 0 ] ■ Brief explanation to answe* _-CII. v Implementation of the 7-7-oposed amendment adding administra7z-ve conditional use permits is not expected to result in a`-rse impacts relative to aesthetics. Thy proposals will be restricted to existing building and a= proposed signage will have an appro:_ate review through the City's Sign Code to insure that prc--Dsed signaae is aesthetically -'.easing. XW. Cultural Resources. R"ould the proposal: a) Disturb -aleontoloaical resources? ] ❑ ] ■ (GP ivy=EIR II-20) b) Disturb -chaeological resources? ] 0 a (GP ME HEIR II-20) c) Affect ls:orical resources? (GP ] ] ■I XfEA/E U-22) d) Have tht -potential to cause a ] -aysica_ = ange v.-hich would affect i ,:. que _- c culnural values? (GP MEA/E.`_ I1-22) 1 e) Restrict testing religious or sacred :ar� 0 uses wits the potential impact area? Community and Economic =�-_velopment Department 14 Initial Study and Environmental Analysis Issues(and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated Brief explanation to answer XIV. Implementation of the proposed amendment adding an administrative conditional use permit process is not expected to result in adverse impacts relative to cultural resources. XV. Recreation. Would the proposal: a) Increase the demand for J neighborhood or regional parks or other recreational facilities? (GP MEA;'EIR II-21) b) Affect existing recreational zi p a opportunities? (GP NEAIEIR H-21) Brief explanation to ans-,ver XV. Implementation of the proposed amendment adading an ad- inistrative conditional use permit prxess is not expected to result in adverse impacts relative to recreational resources. Community and Economic Development Department 15 Initial Study and Environmental Analysis Issues (and Support Information Sour-.es): Potentially Pore2ntially Less than No Significant SigmMeant Significant impact Impact E.mless Impact Mit ation Incorporated XVI. Mandatory findings of significance. a) Does tie project have the potential ❑ ❑ ❑ to degr_de the quality of the enviro=ent, substaivally reduce the hal ,at of a fish or wildlife species cause a fish or wildlife populc on to drop be'ow self- sustairL-,g levels. threaten to elimin~e a plant or animal comm=ity, reduce the number or restrict:he range of rare or endansrred plant or animal, elimina:e important examples of the major:eriods of California history or pre Lon,? b) Does t e project ha -,-e the potential =J ❑ ❑ ■ to achies-e short-term. to the disadvantage of long-:erm, environmental goals' c1 Does the project have impacts that :.I ❑ ❑ � are inc::dually lip ite3, but cumuli vely considerable? ("Cun:--atively cens:_'erable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past project;. the effects of other cent project& and the effects of other probable future projects.) d) Does ty:project have environmental zi ❑ ❑ � effects:;iuch will cat-Lse substantial adverse effect on h::=ten beinzs. either; :;-,ctly or in"-J r ctly? Community and Economic Development Department 16 :tial Study and -,vironmental _'-nalysis Issues(and Support Information Sources): Potentially Potentially Less than No Significant Significant Significant impact Impact Unless Impact Mitigation Incorporated Brief explanation to answers XVI. Less Than Significant Impact. The proposed project is an amendment to the City's Zoning Code which will authorize the Community and Economic Development Director to consider. approve or modify applications for certain minor conditional use permits without setting the matter for a public hearing. In order to quality for an administrative conditional use permit, the request will have to be "categorically"exempt under the California Environmental Quality Act. Therefore, by definition, any proposed use approved under the administrative conditional use permit process will have a"less than significant impact"on the environment. XVII. Earlier Analysis. Earlier analysis may be used where, pursuant to the tiering,program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR,or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analysis used. Identify earlier analyses and state where they are available L7 review. ■ Used the Grand Terrace General Plan Master Environmental Assessment and EIR for most of the base impact information. Both documents are available at the Grand Terrace Community and Economic Development Department. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigaticn measured based on the earlier analysis. ■ Not Applicable c) Mitigation measures. For effects that are"Less than Significant with\litigation Incorporated." describe the mitigation measured which were incorporated or refined from the earlier document and the extent they address site specific conditions for the project. ■ Not Applicable Community and Economic Development Department 17 Initial Study and Environmental Analysis 1 Iscaes(and Support Information Sources): Potentially PccentiaHy Less than No Significant sipificant Significant impact Impact Unless Impact Wtigation Incorporated i Ptii:JL:jl Grand Terrace Community and Economic- Development Dept Authority:Public Resources Code Sectic:s 21083 ana =1087. References:Public Resources Code Sec:icns 21080(c:. =1080.1,21080.3.21082.1.21083,2108:-3.21093.21094,2115 1;Sunstrom v. County of Mendocino,202 Cal.App-3d 296(1980—::Leonoff v.Montere}-Board of Supcn- rs 22 Ca!_-kpp.3d 1:37(1990) i 1 c:\w-p6 P•_.'.planning\john\air e991 I.i.s Community and Economic Development -lepartment 18 Initial Study and Environmental Analysis tart STAFF REPORT X21 CITY . MANAGER ' S DEPARTMENT CRA ITEM ( ) COUNCIL ITEM ( ) :MEETING DATE: April 27, 2000 SUBJECT: RESOLUTION OF THE CITY OF GRAND TERRACE CONSENTING AUTHORIZATION OF THE TRANSFER OF THE CABLE TELEVISION FRANCHISE FUNDNG REQUIRED NO FUNDING REQUIRED, xx The City of Grand Terrace renewed the current cable franchise in October 1999 for a period of 15 years to expire in October 2014. The franchise is nonexclusive and sets out the parameters of which the cable operator must follow in the provision of cable service for the City of Grand Terrace. The Awceding of the Franchise Section 22.states the franchise cannot be sold,transferred,assigned, or disposed without the prior consent of the City Council expressed by written resolution. Section 2h. states that approval of the City shall not be unreasonably withheld provided that the proposed transfers passes the requisite financial and professional qualifications,is capable of performing all of the o'ligation hereof, and agrees, in writing to comply with all provisions of the franchise agreement. The franchise is being transferred to Adelphia Communications Corporation located at 1 North Main Street,Coudersport,PA. We have received their formal application FCC form 394 that indicates that the transferee meets the legal, financial, and technical qualifications to fulfill the obligation under the current franchise agreement. There is no legal authority of the City to withhold transfer of the franchise to Adelphia. A complete copy of the transfer application is available in the City Clerk's office fur review. A copy of our current franchise ordinance and FCC form 394 is attached. i STAFF RECOMMENDS THAT: COUNCIL ADOPT THE CONSENTING RESOLUTION OF THE CITY OF GRAND TERRACE AUTHORIZING THE TRANSFER OF A CABLE TELEVISION FRANCHISE. COUNCIL AGENDA ITEM NO3, ' RESOLUTION NO. CONSENT RESOLUTION OF THE CITY OF GRAND TERRACE AUTHORIZING THE TRANSFER OF A CABLE TELEVISIOti FRANCHISE WHEREAS, Comcast Cablevision of San Bernadino, Inc. (the "Franchiser') currently- owns and operates the cable*wleVision system (the "System") operating in the City- of Grand Terrace (the "Franchise Authority")and is the duly authorized holder of a franchise pernut, license, or other authorization granted by the Franchise Authority (as amended to date, the "Franchise");and WHEREAS, Comcast Corporation, the parent company of the Franchisee, and Adelphia Communications Corporation("Adelphia")have entered into an agreement(the"Exchange Agreement"),dated May 25, 1999,pur_,aant to which Comcast has agreed to transfer substantially-all of the assets of the System including its rights tinder the Franchise,to Adelphia or its subsidiaries in a series of transactions in which(i) the Franchisee shall be converted from a corporation to a limited liability company under Delaware law and (ii) all of the LLC interests in the Franchisee Nall be transferred to Clear Cabinision, Inc. ("Transferee'), a wholly owned indir:t subsidiary-of Adelphia (the "Transactions"): WHEREAS, Franchisee and Transferee ha,-e requested consent by the Franchise Authority to the Transactions in accordance with the requirements of the Franchise and have filed an FCC Form 394 (the "Transfer Applica on")with the Franchise Authority-describing both the Transferee and the Transactions:and WHEREAS. the Franchise Authorin- has reviewed the Transfer Applicacon. examined the legal, financial and technical qualifications of Transferee, followed all required procedures in order to consider and act upon the Trans r Application, and considered the comments of all interested parties; and _ NA-HEREAS,the Franchise is in full force and effect without default thereunder by Franchisee as of the date hereof in accordance with its terms and conditions as set forth therein_ and Transferee has agreed to comply with the F7-nchise and applicable law from and after the completion o:the t.- nsfer- and WHEREAS,the Franchise Authorir%-believes it is in the interest of the Francrse Authority to approve the Transfer App'-:ation and the :.ansfer of control of the Franchise to Traasferee. all as described in the Transfer Application: NOW, THEREFORE, BE IT RESOLVED BY THE FRANCHISE AUTHORITY AS FOLLOWS: SECTION 1. The Franchise Authority-hercbv consents to the Transactions.all in accordance with the terms of the Franchise. SECTION 2. The Franchise Authorin- confirms that (a) the Franchise i:as properly granted or transferred to Frar. -:see, (b)the Franch:_e represe:� the entire understandirs of the Dartie_ and Franchise-, has no obligations :a the Franchise Authon'ry other :han those specifically- s-�,ted in the Franchise. and (c) Franchisee is materially in compliance with the proNisions of the Franchise and there exists no fact or circumstance known to the Franchise Authority which constitutes or which, with the passage of time or the ping of notice or both, would constitute a material default or breach under the Franchise or would allow Franchise Authorit< to cancel or terminate the rights thereunder,except upon the expiration of the full term of the Franchise. SECTION 3. Following the Transactions,Franchisee may transfer the System and/or the Franchise. or control related thereto. to any entivy controlling, controlled by. or under common control with Franchi_, e. SECTION 4. The Franchise Authority-hereby consents to and approves the assignment. mort_a._:. pledge, or other encumbrance, if any-.of the Franchise,the 5%-.nern;or assets relating thereto, as collateral fer a loan. SECTION 5. This Resolution shall be deemed effective for purposes of the Transactions upon t e consummation of the transactions contemplated by the Exchange Agreement. SECTION 6. This Resolution shall have the force of a continuing agreement with Franchise`and Transferee,and the Franchise Authority shall not amend or otherwise alter this Resolution without the consena of Franchisee and Transferee. SECTION 7. The Franchise Authority releases Comcast Corporation and each of its subsidiaries. effective upon the consummation of the Transactions contemplated by the Exchange Agreement. from aIl obligations and liabilities under the Franchise that accrue on and after the consurnuniation of the Transactions contemplated by the Exchange Agreement:provided that the Franchisee shall be responsible for any obliMtiot✓ and liabilities under the Franchise that accrue on and after the consummation of the Transactions contemplat:.' by the Exchange Agreement, Y PASSED, ADOPTED AZN-D APPROVED this day of ')r100. By: Title; ATTEST: Clerk sssasss*#s I, the undersigned_ being the duly appointed_ qualified and acting Clerk of the hereb%- certiffi-that the foregoing Resolution No. _is a true, correct and accurate copy as duly and lawfully passed and adopted by the governing body of the City of Grand Terrace on the day of 0C, Clerk Comcast Cabie Communicaticr.s. Inc. 1500 Market S*reet Philadelphia. PA 19102-2148 215-665-1700 (E)cc)mcA,,s-r@ February 29, 2000 Mr. Tom Schwab City Manager City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92324 Dear Mr. Schwab: This letter is to notify you of certain transactions involving Comcast Cablevision of San Bernadino, Inc. (the "Franchisee'), an indirect subsidiary of Comcast Corporation ("Comcast"), and a subsidiary of Adelphia Communications Corporation ("Adelphia"). Comcast and Adelphia have entered into a letter agreement which kvill result in the transfer and change of ownership of the cable television franchise serving your community. Upon consummation of these transactions Adelphia NLlill have ultimate control of the franchise. Adelphia is a full-service provider of cable services, which already has a presence in your region. «'e believe that Comcast's system will fit well into Adelphia's concentrated regional cluster in your area. The franchise«-ill be transferred pursuant to a two-stage transaction. First, internal transactions will occur among subsidiaries of Comcast. Thereafter, the franchise will be transferred to the Adelphia subsidiary identified in the accompanying FCC Form - 394 application. We therefore request your consent for all of the transactions described in the application. We believe that the accompanying FCC Form 394 and its associated materials provide you with the information necessary to act on our request. We also request that your community grant its consent by adoption of the enclosed Form of Resolution. To the extent changes are desired to the Form of Resolution - and we understand and appreciate that might be the case—Adelphia and Comcast would like to be involved in that process to ensure that the final language of the resolution is mutually acceptable and conforms to the proposed transaction. Page 2 It has been a pleasure serving the needs of your community. Please contact me at 215-981-8524 or Sheila Willard at 215-981-7619 should you have any questions. Ve truly yours, Je V r i d Senior Deputy General Counsel cc: Brian Jeter Communications Commiss;on CYS ,5r:rgton,DC 20554 Aroved Ti3 FCC 394 - APPLICATION FOR FRANCHISE AUTHORITY CONSENT TO ASSIGNMENT OR TRANSFER OF CONTROL OF CABLE TELEVISION FRANCHISE FOR FRA�SCHISE A;,"THORITY USE ONLY SECTION I. GENERAL INFORMATION .ATE C-L/2 9/G 0 1.Community Un±Identification Number. CA 0-; 2 Application for. (1 Assignment of=archise Trarsferof Control See E-xhibit 3. Franchising Authority.. C i t y C- '=r and T e r r a c e Identify community where the systemifranchise tha:s the subject of the assignment or transfer-f control is mated: =-and Terrace i d Date system was acquired or(for systems constrr-.ed by the ransferor,assignor)tt*date on which service was provided to the first subscriber r:he franchise area: No - n g e= app ' _C aD l e 5. Proposed effective date of closing of the transactio-assigning or transferring ownership of the system to transfereelassignee: As soon as -ossible Attach as an Exhibit a schedule of any and ail ad&r-nai information or material filed with this Exhibit No. j application that is identified in the francrise as reaired to be provided to the franchs:ng a:.1herty when requesting its approval cf the type j-a.sacticr that is the subject c`µis N/A application. PART I -TRANSFEROR/ASSIGNOR indicate*,tie name,mailing address,and telephone-umoer of me transferor;assigror. -egai name of Transferor/Assignor(if indi.-ldual.list iaa name firs.) --- ' - �-a -evi - -- -- - - '.ssumed name used for doing business(if any) i Va.iing rueet address or P.O.Box �.a -ket Jtree~, -i-, Dry State ZIP Code Telephwe No.(inez.de area cote) la e--Ilia D] 7_ _L (2 6-=-1JCf J Z (a) Attach as an Exhibit a copy of the contract or a;reement that provides for the assignment or Exhibit No. transfer of control(including any exnibits or s.^-edutes thereto necessary in order to unders=4 the I ns thereof).If there is only an oral agreeme-t reduce t'le terms to writing and attach. (Confidential trade,business,pric:rg or marke=rg informabon,or other information not ot*�^rrse y pLclic available,may be redacted'. ,b) Cces-e contract subm:-ed.r�es_crse to(a _ccie er-occy:;-e full and come e:e agree._; y Yes beineen the transferorassignor and the trans e-ee assigree? if No,explain ir.an Exhibit. Exhibit No. � N/A I __C 394(Page t) September 1 PART II-TRANSFEREE ASSIGNEE 1. (a) :ndicate:-e name, -ailing address, and telephone number of the~ansfereelassigr,ee. Legal rame of Tr-sfereelrssignee(if individual, list last name first) Clear Cable-,-isicn, ;nc . Assumed name used for do rg business (if any) Mailing street adc-ess or P 0. Box 1 Ncr—- M= - Str-et City Stare ZIP Code Telephone No. +,".nclude area code) Coaderst✓Or= PA _69 (814) 274-9830 (b) Indicate�e name, .:ailing address, and telephone number of person to contact, if other than transferee/assignee. Name of contact:erson (ills.last name first) Randa=1 D. _she_, E- sa Firm or company -ame(if any) Adelt✓---ia Cc=un _cr Ccrccra-_cn Mailing street adc-ess or P 1-0. Box 1 Nor-h_ Ma. S1-_=e` City State ZIP Code Telephone No. (include area code) Coudersnor= PA 169_3 (814) 2 7 4-9 8 3 0 (c) Attach as an Exhit::he name. mailing address. and telephone nu-oer of each add{ional person who shOL _- be cor_==ed, if any. 2 (d) ;ndicate:.-e address 40ere the system's records will be maintainer Street Address 1 NOr-h Ma — Sz:I ems j City Star= ZIP Code 2. indicate on a- a-achec Exnibit ary oars to charge:-e curre-:terms a-:: conditions of service and cperatiors the sys:em as a consequence of the transa~;on for A—ch approval is sought. =xhibit 4 FCC 394(Pace 2) September 1996 SECT:_-�N II.TRANSFEREE'SIASSIGNEE'S LEG=l QUALIFICATIONS nsferee/Assignee is: 2orporation a. Jurisdiction of;-=crporation: d. Name and address of registered agent in De'aware jurisdiction: b. Date of incorpc:=on: CSC Netwo_-ts 04/04/84 c. For profit or not-4-r-profit 3 Cent_e Road Prof- iV� ^�ngtcn, DE _9805 _imited Partnership a. Jurisdiction in�.%-.ch formed: c. Name ane address of registered agent in jurisdiction: b. Date of forrmatic-: Seneral Partnership I a. Jurisdiction whose laws govern formation: b. Date of formation: ndividual _ Wither. Describe in an Exhibit. Exhibit No. 2. L=;the transferee/assignee. and, if the transferee assignee is nct a natural person, each of its officers, directors, stockholders :r-eficially holding more than 5% of the ou:star_-g voting shares, general partners, and limited partners holding an equay interest c=-more than 5°/-.. Use only one column for each -dividual or er.:^y. Attach adc4icnal pages if necessary. (Read carefully-:he =red items b-e:ow refer to corresponding 7-,es - :he fcllcwir:_:able-) •a Name, residence, occupation or principal bus-ess. and prirc�pal place of business. (If other-man an individual, also shcw name- - a:-4ress and citizenship of natural person au-,horned to vote the voting securities of the applicant:hat it holds.)List the applicant _, officers, next, then directors and, thereafter. -=_maining stockholders and/cr partners. Citizenship. c Relationship to the transfereelassignee :e.g.. officer, director. etc.). Number of shares or nature of partnersh,D in-erest. e Number of vc:es. Percentage cfvotes. --ans e r e e _s a c 1 ed s=bs:.d a r y c -dei _a Cc=l-,nicatic::s _.. -_ 'or =CC a; Eee ic'. I f. I CC 3:— ?age 3) September 1996 SEC IION 11- IRANSI'Lill 1./ASSIGNEE LEGAL QUALIFICATIONS Ar glphia Com munrQlio!is 1LLpur�n John J Rioa} Ie) lal 1�� Tunothv J.R! am U, p �g1 Morn at Wator Street R.O. 1 R D I D. 1 Third Stieer 1'nur lo"llml I'annayly aria Ih91ri Coude,npun. I'A, Iti!I lr, f uudanpw 1. PA 161I11i (uudai riper 1, PA In01R ('mud—I 1, PA 16!115 Chairman,CEO Chief Financial Officer Eseuutiva Vora President Execuliva Vibe 1'lasnlenl Adefphis Cumnitn icalmon(urp Adelphin Conununlr-atiuris Curp Adelphia CununWucations Culp. Adelphla Communications Curp Mein at Water Street Mein at Water Street Mein of Water Street Main at Water Street Coudersport,Pennsylvania Ili!)IS Coudersport,Pennsylvania 16915 Coudereporl,Pennsylvania 16915 Coudareporl, Pennsylvania 16915 Ibl Oel,iware Corporatiwi - (b)United States Citizen Ibl United Stales Citizen lb)Untied Stator Citizens Ibl United States Citizen (c)Not applicable Ie)President/Director — (c)Executive Vice President/Director Icl Executive Vice President/Director Icl Executive Vice President/Director (d)Nor applicable (d) 1.006,353 Class A;5.956.484 Idl 4.655.473 Class A; 3,875.166 Close (d)4.655.473 Class A;3.875.166 Idl 4.067.138 Class A:2.821.742 Clue B; 171.486 Convertible Preleured 0; 3,092.241 Convertible Preferred Class 8;3.092.241 Convertible Class B:2.650.354 Convertible Preferred Preferred ful Nor applicahle Is)60.742,679' Is148,499,374• (e)48,499,374• to)34,934,912" IN Not applicable It)25.742%of votes If) 19.706%of votes--- If) 19.708%of votes 111 14.605%of votes — -- In) (of lei lel 0909111.Mulford 1•alQ.1.M4hda L!411111a 1ril Ylf (911Y J.1 alla!l411 I'mt nueguiy Rd. 7283 Brooklyn Avenue. S.L. 40S Esglsion Cove 405 East Maple St. Coudersport,PA 16915 Grand Rapids.MI 49508 Palm Beach Gardens, FL 33418 Coudersport,PA 16915 Senior Vice PraardenllSscretary of President of flaplaten flmnau ITsrlsral Cou116e1/5scrs10ry of I PI Ommzi.Inc. Allenuy ai I aw Adelplus Cortununlcalluna(:urp.. corporation f.1'RL Group,Inc. 109 1 Mal Second Sl Presidenl of ilYparrpn Tet"urnnwnicalrons bO7 Plymouth Ave 100 Universe Blvd. Couderspoil.1'A 1691b Main of Water Street Grand Rapids.Michigan 49505 ,Brno Beach,Florida 334011 Coudersport,Pennsylvania 16915 Ibl Untied Stales Citizen- _ Ibl Untied States Cilifen, _ lb)limited States Calton Ibl United States Citizen Icl Server Vice I0 Director Icl Director Icl Director Piesidem/Secret ary/Director Idl 1,000 Idl 500 Class A Idl 1000 Class A (d) 1.250 Class A lei Not epplicabla lal 500 _ ..._. .. ___.. ._. lei 1000 Idl 1,250 111(1'N, If)tam.than 1% Ifl Ieu than I% Ifl feu than I'll, . 'Each share of Class B stock entitled to 10 votes. 099314v 1:iManage> -SECTION 11 ro 394 .. Second Version wpd 3. If the applica'-t is a corporation or a !;mited partnership, is the transfereelassignee forme. jnder the Yes 1/fl No laws of, or:_ly qualified to transact business in, the State or other jurisdiction in which: e system operates? If the answer.s No, expla;n in an Exhibit. Exhibit No. 4 4. Has the tra-sferee/assignee had any interest in or in connection with an applicant which has been Yes !X No dismissed c,denied by any franchise authority? If the answer is Yes, describe circumstances in an Exhibit Exhibit No N/A 5. Has an adverse finding been made or an acverse final action been taken by any court or Yes ] No administra,,e body with respect to the transferee/assignee in a civil, criminal or administrative proceeding -rought under the provisions of any law or regulation related to the following: any felony; revccation, suspension or involuntary transfer of any authorization (including cable franchises;'a provide video programming services; mass media related antitrust or unfair competitio- fraudulent statements to another govemment unit; or employment discrimination? If the ansvv--is Yes, attach as an Exhibit a full description of the persons and matter(s)involved, Exhibit No. including a- dentification of any court or administrative body and any proceeding(by dates and file numbers. j applicable), and the disposition of such proceeding. N./A o. Are there a-y documents, instruments, contracts or understandings relating to ownership cr future Yes _X] No ownership.-chts with respect to any attributable interest as described in Question 2(including, but not limited s. non-voting stock interests, beneficial stock ownership interests, options, warrants, debentures.? Exhibit No. If Yes, pro,, --e particulars in an Exhibit. 7_ Do documents, instruments, agreements or understandings for the -!edge of stock of the `!es No transfereelassignee, as security for loans or contractual performance provide that: (a)vct:-g rights will remain with the applicant, even :n the event of default on the obi.gation; (b) in the ever;of default, the--will be either a private or public sale of the stock; and ;c) prior to the exer^ise of any ownership-thts by a purchaser at a sale described in(b), any prior consent of the FCC and/or of the franchising authority, if required pursuant to federal, state or local law or pursuant to the terms of the franchise agreement will be obtained? If No, attac- as an Exhibit a full expanation_ Exhibit No. SECTION III. TRANSFEREE'S/ASSIGNEE'S FINANCIAL QUALIFICATIONS t. The trans`=ee/assignee certifies that it has sufficient net liquid assets on hand or availat:e from T -es J Nc committec -esources to consummate the transaction and operate the facilities for three months. _ 2. Attach as a- Exhibit the most recent financial statements. prepared .n accordance with generally Exhib,L No. accepted a counting principles, including a balance sheet and income statement for at'east one full I I year, for the transferee assignee or parent entity that has been prepared in the ordinary course of business, if any such financial statements are routinely prepared. Such statements, if not otherwise publicly avc;;able, may be marked CONFIDENTIAL and will be maintained as confidential by the franchise a--,Iiority and its agents to the extent permissible under local law. SECTION IV.TRANSFEREE'S/ASSIGNEE'S TECHNICAL QUALIFICATIONS Set forth ie an EA-:bit a narrative account of the i:,ansferee's/assignee's technical qualificatic-s. experience Ex^ibn No. and expertise retarding cable television systems, including, but not limited to, summary infc-nation about - I appropriate ma-Bement personnel that will be involved in the system's management and oceratons. The transferee/assig-ee may, but need not, list a representative sample of cable systems currently or formerly owned or operated. FCC 394(Page al September SECTION V-CERTIFICATIO'.S Part I-Transferor/Assignor All the statements made in the aprii=cn and attached exhibits are considered material representations,and all the Exhibits are a material part hereof and are inC::=orated herein as if set out in full in the application. Signaare t 1 1 CERTIFY that the statement;in-:s application are true, j complete and correct to the best o'-ny knowledge and belie:`and � are made in good faith. Date WILLFUL FALSE STATEMENTS h►-kDE ON THIS FORM ARE 2/28/00 PUNISHABLE BY FINE AND/CR IMPRISONMENT. U.S. CODE, Print u name TITLE 18,SECTION 1001. Stanley Wanes Check appropriate cassificatiex: a Indrridual General Partner a Corporate a Other.Explain- (Indicate be Exec:::ive 'lice P-resident Part II-Transferee/Assignee All the statements made in the a;clicz---on and attached Exhibits are considered material representations, and all the Exhibits are a material part hereof and are ins✓orated herein as if set out in full in the application. The transferee:assignee certifies~a: (a) Has a current copy of the FCC's F—es governing cable television systems. (b) Has a current copy of the franchise that is the subject of this application, and of any applicable state laws or local ordinances and related regulatiors. (c) Will use its�_,est efforts to cooly -%,h the terms of the frandhise and applicable state laws or local ordinances and related regulations, and to effect changes.as=romptly as practicable, in the operation system, if any changes are necessary to cure any violations thereof or defaults uterrnder presently in effect or ongoing.. S;gna ^e CERTIFY that the statements in-.s application are true, complete and correct to the best a-ny knowledge and belief and are made in good faith. Date WILLFUL FALSE STATEMENTS VADE ON THIS FORM ARE PUNISHABLE BY FINE ANDfC.R rPRISONMENT. U.S. CODE, Print kA name TITLE 18, SECTION 1001. Check apprcpriate classificatcn: a Cor:crate O'cer i Inc-,!dua! General Fortner Other. Explain: (Ir�:cate T:=e) i i FCC 394(Page 5) September 1996 SECTION V-CERTIFICATIONS Part I-Transferor/:signor All the statements made in the application and attached exhibits as considered material representations, and all the Er.::ibits are a material part hereof and are incorporated herein as if set out h fuu in the application. Sga�rre I CERTIFY that-e statements in this application are true, complete and correct to the best of my knowledge and belief and are made in good faith. WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE ca-= PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S.CODE, F-m tun name TITLE 18,SECTION 1001. Stanley Wang Check appropriate dassmcation: a Individ:ai a General Partner X Corporate Officer a (Indicate Title) a Other.Explain: Exe,,u"Vice President Part II-Transferee Assignee All the statements—ade in the application and attached Exhibits a-a cnnsidered material representations, and all-e Ex-:dits are a material part hereof and are incorporated herein as if set out n full in the application. -_ The transferee/asscnee certifies that he/she: (a) Has a current ccpy of the FCC's Rules governing cable televisicn sstems. (b) Has a current=py of the franchise that is the subject of this a=plica;on, and of any applicable state laws or local ordinances and related regulations. (c) Will use its bes'efforts to comply with the terms of the franchise and applicable state laws or local ordinances and rem=ted regulations,and to effect changes,as promptly as practicable, in-e operation system, if any changes are necessary to cure any violations thereof or defaults thereunder presently in effect or-zngoing. Sfgat6m I CERTIFY that the statements in this application are true, j complete and ccrrect to the best of my knowledge and belief a-d i are made in good faith. i c< WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE Z 2 /�61-v PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S.COL'=. �-;t..j name i TITLE 18,SECTION 1001. Randall D. Fisher Check appropriate classification: a IndividLaJ General Partner a Corporate Officer (indicate Tit)e) a Other. Expla- Yrce President FCC 394(Page-S) Septembe,19% j ORDINANCE NO, 188 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,CALIFORNIA GRANTNG A NON-EXCLUSIVE FRANCHISE TO GROUP W CABLE. INC.,TO CONSTRUCT,OPERATE,AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF GRANT)TERRACE. AND SETTING FORTH CONDITIONS ACMIPkN YING 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 S-,v m within the City of Grand Terrace;and Comcast Cablevision of California. NOW,TIME,THE CITY COUNCIL OF THE CITY OF GRAD TERRACE. CALIFORNIA,DOES HEREBY ORDAIN the following terms and conditions of hanchise in acoordaace with the 7 sions this Ordinance: Section 1. Index Section 2. Award of Franchise Seaton 3. Definitions Section 4. General Provisions Section 5. Rights Reserved to the City Section 6. Construction r Section 7. Use of Streets Section 8. Rearrangement of Facilities Section 9. Service Requirements w_ Section 10. Program Origination Facilities Section 11. Rates to Customers Section 12. Service, Operation,and?Maintenance Section 13. Inspection and Repmu Sectkm 14. Evaluation Sessions Section 15. Remedies for Franchise Violations Section 16. Prohibited Activities- Section 17. " Rights of Individuals Protected' Section 18. Termination l 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 4 i i 1 SECTION 2. AWARD OF FRANCffiSE a. There is hereby granted to Group W Cable. Inc..hereinafter,referred to as grantee"(Comcast Cable%'Mon Corporation of California which is a molls owned subsidiar-of Con)=Corporation)the right,prizilegm and franchise to constnrct, own,erect,operate,maintain, and repair a cable television(CATS system in the City of Grand Terrace, California,hereinafter called"City." b. Grantee ad=v'_ledges and accepts the right of the City to issue a franchise and Grantee agrees it shall not now or at any time hereafter challenge this right in any way or in any city,state,or Federal court. C. The effective date of the franchise shall be the e:$'ectwe date of this Ordinance, subject to acceptance by the Grantee. d The Grantee shall,within thirty(30)days after the effective date of this Ordinance, file in the Office of the City Cleric a written acceptance of all terms,conditiolm and obhgationss of this fianchise in a form sat isbaory to the City Attorney. Fail=of Grantee to accept the franchise as provided herein shall cause the franchise to become mill and void e. The term of the f xhise shall be fifteen(15)m=from the effective daze hereof at which time it shall expim and be of no fora and effect. Renewal shall be in accordance with Section 626 of the Cable Communications policy Act of 19g4.as amended(the`Cable Act"). f. This franchise shall be non-exclush•e. The City may grant a similar fianchise or am other franchise to am-other person,firm,or corporation during or after said fifteen(15)year period and any renewal or odemon thereof Any such franchise shall contain subatan rally similar rights and obligations as the franchise granted hereunder. g This franchise shah be a privilege to be held in personal trust by the Grantee. Neither this franchise nor the cable television system constructed hereunder nor any interest in this franchise or system shall be sold transferred,assigned or disposed cf. in whole or in part,either by ford or involuntary sale,or by voluntary sale, merger,consolidatiM or otherwise,without the prior consent of the City Council Wressed bti written resotution,and then only under such conditions as may be therein prmcrtbed m accordance with the cable act and FCC regulations:provided however.that cons=1 shall not be required for a transaction in which Comcast Corporation remains the ultimme,corporate parent of the granter-. Any such transfer or assignment shall be made only by an mstrumeat in wrmng a duty executed copy of which shall be filed in the Office of the City Clerk ten(10) days after any such transfer or assignment. 1L Approval of the Crry shall not be unreasonably withheld. provided that the proposed transferee passes the requisite financial and professional qualifications, is capable of performing all of the obhgatti s hersoi;and agrees,in writing,to comply with all provisions of this franchise agreement 2 L The franchise may be reneged 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 Act After giving public notice,the City Councr7 shall proceed to determine whether the Grantee has satisfactorily 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- It 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 subsm-bers to the service. j. The franchise is for the present territorial limits of the City of Grand Terrace and for any arm annexed thereto during the term of this franchise,which has a minimum housing density of at least thirty-fte(35)homes per mile from the nearest technically feasible point of connection to grantee's disrnbution system Grantee shall not be obligated to extend service to any area scrrtd by another multi- channel video presider. SECTION 3. DEFINITIONS-For the purposes of this Ordinance, the following words,terms, phrases,and their demations shall have the meanings given herein. When not inoonsisteni with the context, words used in the present tense include the future tense, words in the phaal number include the singular number,and words in the szngalar number include the plural number. The word"shall"is always mandatary and not merely directors. a. "City" means the City of Grand Terrace,California, and all the territory within its present and finure corporate boundaries. b. "Gifu C ncd"means the Council of the Cih of Grand Tertacc or such t or entity as may be reprzseatatir person designated initially or at some future date to act on cable television matters. C. "FCC"means the Federal Communications Commission_or a designated represcntative- d "Cable Television System" Cable Communications Bottom"or`S39Mn sometimes referred to as"Cable TV Svstern.""CATV S3Mm"or"Broadband Communications Network-" means a system of antenna,cables,amplifiers,towers, microwave links,cablecasting studios,an any other conductors,converters, equipment or facilities designed and constructed for the purpose of Ong video programming to home subscribers within the Cite.and the producing, receiving,ampldf mg,storing,processing,or distributing audio.video,digital,or other forms of electronic or electrical signals for the won to subszibers within the City. 3 e- "Granler' means the person or entity to which a franchise the henceforth is gamed for construct a operation,maintenance,and>tnrnction of a Cable Television System the lawfW suers transferees,or assignees of said corporation or entity. f "Subscnber" means any perwo,firm,co - elects to subs�ibe to for °r°�entity who or which any Purpose,a service provided by the Grantee by means of or in connec-ion with the Cable Television Sysum & "BRMMmd' means aa}•person or entity who or which produces or otherwise provides Of other m material or information for Uammisson by video,audio,digital, gnats.either hnt or from recorded tapes or other storage media,tosubscribers - by means of the cable television system h. "Channel"means a frequency band which is standard video signal,a number of audio,digital' e°fg either one some won Of such signals. other non.-�idro sig°a�or i "Loral Ori on Channel"means any channel where the Grantee is the onh designated programmer and prcnides video programs to subscribers. - j• "Public Access Chan„p "Community A==Oannel,"or" Clannd'means any channel where any mem ba of the g Community Mmmerdah org�nizatiOn may be a aar pabhiic o of r any ny e, firstDOD-DOD-discriminatoryd,nOa-diminato ,aim `on a first-come, K k GoN'e7nment A'cess Channel"or"Government Channel"means ate-channel where local SmVra ent agencies are.the OIIIy deSipated programmer. L bona!AccessOr i Fdueatona!Channel"means nay channel where educational institutions are the Only desigated jxDgrammers. m "Leased Channel"or"Leased Access Chamxr means nay channel available for lease and programming by persons or eatities other than the Grantee. n- "GPea Charnel- means any channel that can be reed b3'aU subscribers without the necessity for special o. "li ate Channel"or"Closed-C=mt Channel" ayailabie Only to subscribers who are means� channel which is P d with special coavater or terminal agmPmeat to send or receive signals on that chanad p• `Comtstd'm ans an electronic device which eomvrts signal carriers from one form to another_ q- 'BiLa dcJvSt Srgaal" means a telmision or radio 29mil that is WmMutted ovef4h- atr to a w"degeographic audience and is reeved by a Cable Tcic%-non$ the- .by microwave link-bs Satellite y �Off rccen=,or by other means. r. `Non-$raedcast Signal"means a signal that is tramsmittedb9 a Cable Television System and that is not imvhed in an over.the-air broadcast t aasm won path- s- "Cabiecxst Signal"means a none sigtal that �nates within the facilities of the Cable Telmision S}sum 4 t "Basic Subscriber Television" "Basic Subscriber_ Services,"or-Basic Service" means am tier of service which includes the transmission of kxal broads signals• U. iOnal Senice" means such video.audio,data,and other services provided to institutional users on an individual application,private channel brans. 7jese may inchide:but not be limited to, two-way video, audio or digital signals among ' or from institutions to residential subscribers. v. "Bu-Cable-or"Pav Teletii_sion" means the deliver)•to subscribers wee and abode the charge for.Basic Subscriber Service on a per program,per chancel,or other subscription brass. - w. "Streets and Public Ways"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 m the City as otherwise defined by applicable law. Y- "Moaitedw means observing a one-way communications si gnaL or the a signal.where the observer is neither the subscriber nor the progammer,whether the signal is observed by visual or ekearoaic means,for any purpose wbasoever. Z. "T_M3 g"means observing a two-wty communication signal exchange st=e the observer is neither of the communicating parties,whether the exchange is observed by visual or electronic means, for any purpose whatsoever. as "Year"means the remaining portion of 1999. ThereaRcr,`wear"means a full calendar year. bb. "Seaian"means any sacbM saw or p[VvWM this Franchise Ordinance. a. School"means may public educational institution including prim,and secondary school,colleges,and universities and all dmilarly 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 agtclng to all of the provisions;of the franchise hereto granted.The franch agroemeat may modify terms of this Ordiaanae by any such modi5ation confirmed formally by appropriate ee. "Gross Rrrenu+e"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 pa)-mem for basic,premium and pm-j=-,,iew service, including imstallation and line extension charges; (2) Any fees or income received by Grantee for carrying advertising or commercial messages over the CATV facilities and 5 (3) Notwithstanding the abrne, guess annual receipts or gross revemu shall not include any taas on senior furnished by the Grantee and imposed directly on any subscriber or user by any city, state.or other gcnernmmw unit and collected by the Grantee for such governmental unit. ff. Person"means any cexparatioq partnership, proprietorship,individual,or organization authorized to do business in the State of California,or arr natural person. SECTION s. GENERAL PROVISIONS a. Grantee shall comply with the prmisions of this Ordinance and State and Local laws. Federal, b. Following the issuance and acceptance of the franchise,the Grantee shall pay to the Grantor a franchise fee of five percent of all gross rLNTnues denied from the operation of the Cable Television System Payments shall be cow and paid on a quarterly basis and doe no later than thirty(30)days following the end of each calendar quarter. The Grantce shall file with the C'M within thirty(30)days after the a gx=on of any calendar year or patios there during which such franchise is in force,a statement Of gross mvcm=by an OTN=of the Grantee showing in detail the gross revenue of Grantee during the preceding calendar year or portion thereof The City shall have the right to inspect the Grantee's records shaving the gross M'enm from which its franchise pa}ments are computed and the right of audit and recompilation of any and ail amounts paid under this Section. No axeptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the City may have for farther or additional sums payable under this Section or for the performance of am other obligation specified herein. C. Concurrently with the acceptance of this franchise,the Grantee shall file or cause to be filed with the City Ck&of the City of performance bond in the sum of 550,000 executed by the Grantee and a,/Surety authorized to do business in the State of California to insure to faithful performance by grantee of all provisions of the franchise. Said bond shall name the City as obligee. The term of the bond shall commence on or before the date of filing with the City Ckrk, The pefformance bond shall rtmm m effect during the eatire term of this franchise. d The Grantee,by the acxxptance or use of this franchise,agree,,to y and save free and harmless the City, it officers,agents,and employees from an against any and all liability arising out of am and all claims,demands,causes of actions,or proceedings which may be asserted prosecuted or established against them or any of them for damage to persons or property of whatever nature arising out of the use by Grantee of the City sueets or other City owned right-0f--way(or of any other operations or activities of Grantee pursuand to this franchise)wbether such damage shall be caused by negiipnm or otherwise(including but not limited to any liability for damages by reason of or arising oat of any,failure by Grantee to secure consents from the Grantee's owners, or licensees of programto be delhircd by system)and ive of the amount of the oo Mxehenshv Cdlrc ' liability lnsuranx policy required hereunder.but,excepting thm-drom, liability arising out of any Claim.demand,cause of actions,or proceeding resulting from the negligence of the City, its officers,agents, or employees, e- Grantee,by the aaxptaace or use of this franchise,agrees to dd-d at its mm cost and expense the Coy,its officers,agents,and employees against any and all claims, demands,actions-or proceedings brought against them,or am•of them, in respex to the matters embraced by the indemnity set forth above. f. Upon the effective date of the franchise. Grantee shall furnish p=f that a satisfactcr liability insurance policy.is in force in the minimum amounts of: Worker's Compensation — in mince with . California Lair Combined Single Limit General dt Motar Vehx ie Li*dity — $1,000,000. Ile Worker's Compensation and Liability Insurance policies Shan be maintained throughout the duration of the franchise,with the City named as additional insured A caps of the insurance catifica es shall be filed with the City,and the City shall be notified at least thirty(30)da_ss prior to any caacellation of insuranm g No privilege or Gumption shall be granted or conferred by am-franchise granted under this artick aaxpt those specifically prescribed herein h. Any privilege claimed under any such franchise by the Grantee m any street or other-public property shall be subordinate to any prior laRfW=z anry or other plc property. SECTION S. RIGHT'S RESERVED TO THE CITY. a The City reserves the right to regulate the rates and fees charged by a grantee to the full extent proaided under.and in accordance with the Cable.Aa and FCC regulations. b. . Council will be b;x informed of any changes m any and all rates including special programming not included in the above Paragraph- C. One connexion to the system for basic service shall be fnraished flee of charge in eacdi public school in the aria waited by the CATV franchise. n e City Ce®cd may require similar fee service to hospitals,fire stations,or other similar balities q=ated by public- A grantee may mVm a charge for in=l abons j and internal'wiring equal to its Cost of labor and maMm is A standard insunatian ! Shall mean an insUflatkm located up to 125 feet from the adstiab distribution system � If d At all reasonable times,The Grantee shall permit any duly autknzed qx�ve of the City to ezaa,fnc all pe'oputy of the Granter,wSether with any appurteaaat property of the Grantee situated%ithin the City and ID examine and transcribe any and as maps and other records kxP or maintained by the Grantee or under its Control which are reasonably necessary to monitor graaee's Compliance Kith the teams of its franchise. If any such maps or records are not kept in the City- and if the Cauncfl determines that an examination thereof is neatssary or appropriate, then grantee shall make such maps and records avmdable at its sole expense. The Grantee shall prepare and hu msh to the City Engineer and the Finance a of ricer, t the times and in the form pre=ibed by euher of said officers, such reports with respect to its operations,affairs, transactions•or pnopenv as may be ably necessary or appropriate to the performance of any of the rights.functions,or duties Of the City or any of its officers in connection with the franchise. The Grantee shall at all times male and keep in the City full and compiete plans and records showing the exact location of all CATV system equips or 'in use in and other public places in the City. SECTION 6. CONSTRUCTION a. The Grantee shall meet or exceed all the material construction and service requirements set out in this franchise.It is the City's intent that Grantee shall not be Penalized for minor breads of the terms of this Ordinance, so long as reasonable efforts are maintained b- The Grantee shall extend service to any new residence,mobile home parr apartment house,or public facility in the City where the minimum denMty 1equirements in Section 2(j)hereof. c. The Grantee shall maintain all,Permits,business licenses, which are required in the conduct of its and other authorizations utili ty joint use attachmentbusiness including. but not limited to,nay agreements,mimvwave carries licenses, and any other permits, licenses,and authorizations to be granted by drily constituted agencies having jurisdiction over the dory operation of CATV systems or their associated micron-A'e trIam is ion facilities_ d The City stall hive the right to inspect atl con mrction or installation,%ut performed subject to the Provisions of the franchise and to make such tests as it shall find necessary to ensure compliance with the terms of the franchise and other Pertinent provisions of law. e- Subject to the provisions of the Cable Act and FCC regulations. the Grantee shall provide all residential services to all remdents of the City at uniform installation charges and monthly rates. i Except as Provided in paragraph g and i herein.the Grantoe shall constroct or install its cables and otha line facilities attend utilizing the facilities of the Pacific Telephone and Tel poles and other Company,the Southern California Edson � �.the General Telephone electric Co�aY,or nay other telephone or franchcP�company operated and maintained Pam to a State or City granted State of California, as a Public utility by the Public Gtr7ities Commismon of the ornia,which will not be unreasonably withheld The Grantee shall have the duty and burden of negotiating and obtaining acceptable pole lease of re suchats(�tyjout use attar-e+.mw ag,�U)from said companies es _ is shall be filed with the City Engimer. The Grantee shall not withoat the any P for the We of its Cable Television System or came to be CMCWwritten wn-q=of the City Engineer. 8 g. The Grantee shall not commence oonstruction of any underground facilities under the prevision of this franchise or add to such a dsting underground SyV=if any- mist.until it first shalt have obtained a consauction-excavation permit therefore from the City Engineer. The application of the Grantee shall show the fallowing fads: The kngh,depth,and proposed location of the underground facilities proposed to be laid or eructed;the size and description of the conduit intended to used;and such other fans as the City Engjnars 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 apparVenances and equipment constructed, or r,int,ined under the provisions of this franchise shall be constructed,installed,and ..aiwained in a worianan lice manner,within accepted engineering pcacticrs,of the cable television industry and in conformity with all ordinances,rules,or replations now or hereafter adopted or prescribed by the City. All undergtxmd cables laid under the provisions of this franchise shall be of quality material and shall be placed in conduits,unless direct burial is first apprvsed by the City Engineer. L The Grantee shall not enter or encroach upon or interfere;With or obstruct any Pm-"property without the CXPC s 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 io do. j. In the coact of its beeriness, Grantee shall be allowed to trim trees m order to provide space for its facilities. Such tree trimming shall be done in compliance to Odsting City ordinances and in a safe and eft manner with due regard for the health of the,trees imvlved Grantee shall exmcise diligence to assure that trees are trimmed as little as possible and fono ,practices designed to cause the minimum amount of trauma to the trees being trimmed An refuse created by tree trimming wdl be remc ed and disposed of by Grantee in an acceptable manner. k. Within ninety(90)days following the date m wtuch 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 acarraae as-buih location and size of all its facilities ohm in place. Upon removal,change;or abandonment of any of its f cili6m,the Grantee Shan, within thirty(30)days thereafter,file a revised map or maps showing the location and size of an such additional,remaed or abandoned facilities as of that dale. L The Passage of this Oidiffince granting this franchise shall not amend or otherwise modify any of the pions of the garrally applicable laws or regulations of the City. The components of the CATV system,other than casual cable and appurtenances placed in or over City streets,sbaU be constructed or placed in accordance With land use laws of the Crw ro The Federal Communiia>;ons Commission(FCC)Rules Wad Regulations Part 76. Subpart k(Technical Standards) shall apply. 9 SECTION 7. GSE OF STREETS a. Subject to the other prrnisions of this Ordinance.the Grantee shall have the right to construed and azaintain in,over,or across any strut in the City such poles,wires, cables,conductors,ducts,conceits,manholes,ampMers,apptiancm attachments, and other property as may be treasonably neeoessary to the Grantee's Cable Tele%ision s vern provided, however,that the City by the award of this franchise does not confer or agree to confer any right on the Grantee to place its facilities in over,or across any freeway, State highway,or any ocher street not owned by or otherwise®der the jurisdiction of the City,and any rights or privileges in any streets or other public property granted herein shall be mborrd:nate to any lawful O=pm cy of sub streets or other public pmpaty. The Grantee shall not install or erect any facilities or apparatus in or on public property places or nghts-of way,or within any privately owned area within the City which has not yet become a public street;bet is designated or delineated as a ptoposed public street on any tentative subdivision map or master plan appraed by the City,except those installed or erected upon public utility bdlrues now existing without obtaining the prior written approval of the City Engines. b. The Grantee shall be permitted to operate in the strut to instan,construct, maintain,or repair its lines and faa7id es,provided a first obtains a construction- exm-&on permit form the City Engineer setting forth the following provisions. (1) An Agreed upon reasonable member of dais within which said work is to compiesed If the Grantee beeps the greet open for a period exceeding the time specified in the permit,the Grantee shall pay to the City the sum of Fifty Dollars($50.00)per day as Hquadated damages_ The parties agree v that this provision for liquidated damages is not in the natrue of a penah_r•,but is assessed by the parties by reason of the inability to determine the amount of damages wtikh would be incurred by the City in the evvw of such&!&nit l (2) In the case of construction,installation or repair of balities, the location and manner of consuntction thereof (3) That all street crossing(mduding roadway,parkway.sidewanc,and drivswan will be bored and that all pavem=and concrete surfaces will be saw:-ate unless e7MOy waived bF the City Engineer, (4) That as soon as such wodc is completed.all portions of the streets which have beta excavated or otherwise damaged thereby shall be repaired and placed in as good condition as they were before the commencement of such wodr,to the salidacbon of the City Engineer. c. If any portion of any street shall be damaged by reason of the installation or e-xLV nee of any facility constructed under this fiamduse,the Grantee shall,at its own expense immediately following written notification thereat repair any such damage and pet such street in as good condition as it was in before such damage.to the won of the City Engineer. d. Effect on Traffic-The work of constructing,maintaining or repairing all cable cond=and other facilities and appurtenances of the Grantee shall be conducted with the lust possible hindrance to the use of the streets for purposes of travel. 10 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 thatof plus reasonable avtrhead expense's 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 faelities shall endanger the public in the use of the public streets or interfere with or obstruct the use of any stint by the public or for public purposes,the City shall have the'right to require the Grantee,at the Grantee's expense,to move,after,or relocate the same(hereinafter tailed"rearrangement")to avoid such danger, intedaence,or ob=iction,in conformity with the wTittea notice of the City Engineer- b. Whcnev*er,during the existence of this hanchise,the City,in the exercise of its governmental authority,as distinguished from its privzie capacity,shall change the grade,width,or location of any street or improve any street in any manna, including the laying of any sewer,storm drain,conduits,gas,Rater,or other pipes, or coon any pedestrian tunnels,or other Rvtic of the City(the right to do all Of which is specifically rtserved.to the City without any admission on its part that it would not otherwise have such right);and such Rork shall, in the opinion of the Cm Engineer, render necessary any change in the position or location of am facilities of the Grantee m the street,indoding the support ux=c&which such. " Rork is being done or p r rmed,the Grantee shall at its awn cost and apense,do any and all things to effect such change in position or location in confomtity with j the written notice of the City Engineer,provided,however.that the City shall not require the Grantee to remove its conduits or lines entirely form such treat i c. In case the Grantee shall fail to commence work in compliance with such RTitten notice within thirty(30)days after service of same ups the Grantee(unless the Grantee shall be unable to comply with such notice by:reason of stnlres,hots,acts Of God,or acts of public enemies),the City Engineer may cause the work required in said notice to be done by the City or,at the election of the City,by a private contra=. "Ile Grantee agrees to pay the coats thermf Ritbm thirty(301 days after delivery of an itemized bud therefor to it or its local agent or manager. If 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 av erhead being chargod.by the City for reimbursable wow 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 pendent} 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. i 11 e. In conformity with wzitten notice from the City Engineer,the City shall ha%t the right to require the Grantee to rearrange any part of the Grantee's facilities for the accommodation of the City or of any water,electric.gas,or ocher utility system now or hereafter owned or operated by the City. Except as pro%-;&d in Paragraph a of this Section 8.such rearrangement shall be at the City's expense. SECTION 9. SERVICE REQUIREMENTS a. Grantee shall provide the system capability to transmit an emergency alert signal to all participating subsezibers in accordance with FCC regulations. 1 b. Grantee shall provide standby power generating capacity at the cable communications system control cent and at all hubs. Grantee shall maintain standby power system supplies,rated at least at four(4)hours duration, throughout the distribution network c. Grantee at no charge shall provide uftaribers,upon requesL with a parental control lockout deuce or code that permits inhibiting the viewing of premium channels. d. The Cable system presently has,and shall at all times maintain,a Capacity of sixty (60)channels available for immediate use. By October 31,2000,the Cable system shall have a city-wide amilable channel rapacity of one hundred(100)channels which corresponds to an upper operating frequency of Sera Hundred Fifty Megahertz(750 MHZ). e. The Operator shall make available the equipment specified in Exhibit A attached hereto for use in the local production and presentation of PEG Access Programming. At such time that the equipment listed in Exhibit A is installed and operational,it shall become the property of the City and repair and maintenance shall become the City's respansibilrty,prmided that Operator shall provide reasonable training and basic trouble-shooting madam. f. The Operator may be required to interconnect its System with other broadband communication facilities. Such inter'connec ion_if agreed io by the City and the Operator,shall be made%ithin the time limit established by the City. The interconnect shall,at the Cisy's discretion,be accomplished according to the method and technical standards determined by the City and generally accepted industry practices. "Broadband communication fadlity",as used herein, means any network of cable,optical. electrical or electronic equipment including Cable Systems,used for the purpose of transmitting tclecomimmicatiozis signals. g At all times during the term of this Franchise,the Opergum shall provide one(1) fine-Subscriber drop"connection and one(1)free outlet of Basic Service Tier service(as that term is defined by the FCC)to each school,whether public or private(from kindergarten through 12ie grade),within the boundaries of the City which has an nvrage daily enrollment of one hundred(100)or more ("Schools'). As to new schools coming into existence in the Franchise Area after the date hereof the Operator's obligation to provide such service shall arise ninety (90)days after notification by the City to the Operator of the existeace of the school At such a time as any part of the System is capable of providing high speed data delivery via Cable Modem and makes same commercially a`zilabie to subscribers or users within the City. free installation and free service of one(1)Cable Modem shall be prodded to each school and library. 12 SECTION 10. PROGRAM ORIGINATION FACnXIUS a. The Grantee.at its expense,shall prrnide equipment.sta$ and technical service for %ideO 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 tam of this franchise. c. The parties shall negotiate in good faith the timing of deii,,=y of smices 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 gtrd-public ageacT shall have the right to use said studio and the equipment at reasonable times, reasonable rates, and for reasonable periods. .Schedules and priorities shall be established by the Grantee wnh the apprmal of the City Manager. SECTION 11. RATES TO CUSTOMERS a. The City rem-es the right to regulate all rates,fees, and charges made by Grantee for any and all of its services performed or made mailable in the operation of its Cable Television System in the City to the extent pelmiued under the Cable Act and FCC regulations. SECTION 12. SERVICE,OPERATION AND MAINTENANCE a. The Grantee shall operate the CATV system contimmsly a twenty-fear(24)hoar per day,seven(7)days per weer basis. It shall be the right,of all mh mribers to recenre all aNatU*services insofar as their finandal 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 intrat to terminate or Fails to renew this franchise. the Grantee shall act so as to insure that all subscribers receive comnuar-munterruptcd service;provided,hest=,that in the es-at of termination.Grantee shall only be obligated to continue prodding service for six(6) months b. In the went a new operator acquires the system,the Grantee shall vooperate with the City and the new operator in maintaining eoatinLdty of service to aH subscrbers During such period which shall not exceed 120 days,the Grantee shall be entitled to the tevraues for any period during which it operates the system,and shall be entiitled to reasonable costs for its services when it no longer operates the system. c. In the cant the Grantee Fails to operate the system for ten(10) consecwm a days for reasons within its reasonable control without prior apprwal 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 sesvvice under conditions acceptable to the.City sir the franchise is tesminated and a permanent operator is selected,If the City is required to fnlffi1 this obligation for the Grantee,the Grantee shall reimburse the City for all reasonable costs or damages in excess of r+e%=ues from the system received by the City that are the remh of the Grantee's LIM to perform 13 i i d Grantee shall provide a fully equipped service organization with ade�rate staff and faC hies for maintenance of its CATV system and for furnishing service to its customers and prospective customers. e. The Grantee shall not refuse service to any resident whose property is adjacent to a public right-of--way in which a cable is laid or strung unless: (1) Access thereto is unavailable;or (2) The subscriber has not paid the applicable won fee or monthly service charge. f. The Grantee shall preside the means to accept complaint calls twenty-four(24) hours a day.seven(7)days a week Inquires and complaint calls shall be accepted in person between 9:00 am. and 5:00 p.m,seven(• )days a week g. Any service complaint from uawniben shall be WVCMgated and acted upon as soon as posnble. Am,service complaint shall be resohed within three(3)calendar days. The Grantee shall credit a subscriber's account on a pro-rate basis for loss of service commencing forty-eight(48)hours after noffwatiom h. The Grantee shall beep maintenance service log whicb w-W indicate the nature of each service complaint,its location,the date and time a was received,the dispostion of said.complaint,and the time and date them This log shall be made available for periodic agx lion by the City. L As subsm'bers are connected or reconnected to the system the Grantee shall,by appropriate means,such as a card or brochure,furnish information concerning the procedures for Ong inquiries or complaints,including the name,address,and local telephone number of the eaga}ovee or empioyves or agent to whom such inquiries or complaints are to be addressed, and furnish information concerning the City office responmNe for administration of the franchise with the address and telepbone number of the office. j. The Grantee shall provide written notice to each subscriber,at intervals of not more than one(1)year,of the procedure for reporting and resohing subscriber complaints,inchuding the subscriber's right.to complain in,writing to the City of the Grantee's failure to resohe a service complaint which is prventable and reasonably within the Grantee's control. The proper address of the city of Grantee to which aomgla=may be directed shall be included in such notice. k When there have been similar Taints made or where there exists other evideaoe which,m the judgment of the City Manager,cam reasonable doubt on the reliability or Quality of the cable service,the City Manama shall have the right to compel the Grantee to test,analyze.and report on the performance of the system in order to protect the public against substandard cable service. Such test or tests shall be made,and the report thereof shall be delivered to the Cry Manager no later than IMTY(30)days after the City Manager notifies the Grzu =that he is exercising such right- Such,report shall include the following information: (1) The nature of the complaints which precipitated the special test: (2) what system component was tested: 14 i (3) The equipment used and procedures employed in said testing; (4) The nm is of such tests;and (5) The method in which such complaints RYre resohvd AM 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 crops of ANY report im-ohing 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 mac regulate Bach system, SECTION 14. EVALUATION SESSIONS a. The City and the Grantee shall hold scheduled evaluation sessions aith thirty(30) days of the third,sixth,ninth;and twelfth anniversary dazes of the gaming of this franchise. Ail such evaluation sessions shall be open to the public and advertised in a newspaper of local armlabon at least five(5)days before each session. The sessions shall be held at such place,date,and time and before such body or afar as the City shall determine. The purpose of the sessions shall be to mminate the performance of the Grantee in fulfilling its obligation under this franchise and quality of its sarv=to the public. Subject for discussion may uxhA-,but shall not be limited to,scnice rate structure,free or discounted ten-icy application of new technologies,system Performance,services presided,programming offered, cagomer complaints,privacy and civil rights,amendments to this Ordinance, statut of Congress,and the Legislature and judicial and FCC rulings_ b. The City may bold special evaluazion sessions at any time during the term of this fi2nchtsc in the evlemt it has reasonable grounds to believe Caantee is not in compliance with one or more material terms of its franchise. Thu Grantee Shan be >kOtfied of the place,time,and date thereof and the topics to be&scussed Such sessions shall be open to the public and advertised in a newspaper of local circulation at least frve(5)days before each session. i SECTION 15. REMEDIES FOR FRANCHISE VIOLATIONS a In addition to the penalties for delays in construction as specify d in this Ordinance, in the event Grantee violates any material prmoon of the frmchise,provided that Grantee has not commenced corrective action within thirty(30)days written noticx by certified marl to the General Manager of the Grantee: the City may require the 4 PGYMCWOf11Quid31a damages,not to exceed One Flundrod dollars($100)per day or Per incident,for Grantee's individual wt�ful and/or repels ed violation of the franchise or failure to take correctrvs action with respect to a violazon of any prtnision of the franchise; b. In the event the stated violation is not reasonably curable within slay(60)days,the franchise will not be Laminated or revolted or a penalty imposed if the Granter provides,within the said scaly(60)days;a Plan,satisfacfary to the Gramar,to reaxdy-the violation and continues to demonstrate good faith in seeking the coma said violation_ 15 C. In determining which remedy-or remedies for Grantee's violation are appropriate, the City shall take into consideration the nature of the violation. the nature of the remedy required in order to prevent further such violations,and such other marters as the City may deem appropriate,prrnided however,that adequate penalties mid be imposed if service is in;u y any materially lessened,or if any material pro%-won of this franchise is not complied with. d. In the event a dispute conrinues to exist after City has completed its findings with respect to a franchise violation.City and Grantee agree to submit the matter to impartial arbitration prior commencing any aeon to obtain relief through the Judie lam• 'I3e arbitration costs shall be borne equaity by City and Grantee. SECTION 16. PROHIBrMD ACTIVI M a whenever,pursuant to the franchise,Grantee shall make available for wsp=on by the City or submit to City reports containing information considered propriesary by the Grantee.City shall not disclose or release such reports or information to the tubiic without Grantee's error written t SECTION 17. RIGHTS OF INDIVIDUALS PROTECTED a The Grantee shall not deny smxe,deny access,Or otherwise discriminate a subscribers,Programmers,or general citizens on the basis of race,color,religion, national origin,sex or age. The Grantee shall adhere to the equal employment OPPOrtunitY requirements of the FCC,as expressed in Section 76.13 (a)(8)and 76.311 of Chapter 1 of Title 47 of the code of Federal Regulations. The Grantee shall comply at all times with all other applicable Federal, State,and City lags,and all executive and administrative orders relating to non-discrimination- b. Neither the Grantee nor any person,agency,or entity shall,without the subscr2cr's consent,taA or arrange for the tapping,of any cable,line,signal input dmxr,or sabscrrbm Outlet or receiver for any purpose except routine of the System,Pow wiith audit participation, or audience viewing surveys to support advertising research regarding viewers where individual viewer behavior cannot be identified C. In the CODdUa of P"niding its services or pursuit of any collateral commercial enterprW reSUltMg tam Grantee shall take any and all necessary action to prevent an invasion of a subscriber's or general dtizen's right to privacy or other Personal rights as such rights are delimited and defined by applicable law. Grantee shall not without Lawful wart order or other applicaNe valid legal authority utilize the system's interactive two-way equipment or capability for mmAhorized Personal surveillance of any subscriber or general cnzmm d. No cable line,wire, air,converter,or other piece ofeqwpmmowned by Grantee shall be installed by Grantee without first securing the written permimon Of the owner of any property invohed or subscriber occupying said propem Provided however, that where the proPertv owner has granted an easement or a servitude to another and the servitude by its terms contemplates uses such as the Grantee intended use,Grantee shall not be required to scare the written permission Of the owner or subscriber occuorm8 said Props ty for the imstaIlat on of cable television equips n=or balities unless Grantee elects to do so. If permission is later revoked, whether by the original or a subsequent owner,the Grantee shall 16 remove forthwith any of its equipment which is visible and movzable and promptly restore the property to its origins!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 ofany of Grantee's services without the consent.express or implied,of the subscrRw to which the personalized data pertains.For purposes of this Section,"personalized dais"shall mean the name and address of an individual mbscriber direak associated with data obtained on his or her use of specific setvicrs provided by or through the Grantee. Nothing herein shall be construed to prevent,as a normal incident of commercial enterprises,the same or 3v7I*i]ity of"non-personalized"or-aggregated dace" which is not personalized data as defined herein f Grantee shall be required to provide service to individual units of a muhiple housing facility with all semces offered to other dwelling units within the City,so long as the owner of the facility consents in wTiting, if required by Grantee,to the following: (1) To Grantee's prodding of the service to units of the fadW, i (2) To reasonable conditions and times for installation,maintenance.and inspection of the system on the facility promises; (3) To reasonable conditions promulgated by Grantee to protect Grantee's equipment and to encourage widespread use of the system SECTIION M TEIMUNATION : a. Rervcation-In additiocal to any rights set out elsewhere in this doaumeza,the City reserves the right ro revoke the franchise,and all rights and pdvilgp pertaining thereto,in the event that: i (1) The Grantee willfult or repeatedh violates any material pern-Won of the franchise;or ` (2) The Grantee's eonmuction schedule is delayed for over 10 months;or (3) Subject to the provisions of this Ordinance,the Grantee becomes insoh=L is mvohmmly adjudged as bankrupt or files a.-,ohmm ary petition for relief aader the BankruptcT Act;or (4) The Grmsee is a&judged 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 sixty(60)da)s after receiving written notice by certified mail to the General Manager of the Grantee of such. noncompliance from the Cam,the City may hold a pnbiic hearing to consider the option of revocation of th 5aachise. The City shall give the Grantee at least thirty (30)days advanoe writtaa notice of such hearing and shall also publish such notice in advance in a newspaper with local circotation If,after sack hearing,at which Grantee shall be afforded all due process of law mchrding the right to appear and be 17 heard,the City shall determine that the fianchise should be rmtked,City must ad%ise the Grantee of its decision in writing and may by ordinance declare a forfcitum,whereupon all rights of the holders of the franchise shall immediately be divested without a further act upon the part of the City,and the Grantee may remove its structure or property from the streets and restore the streets to such condition as the City may reasonably require. b. The City shall have the right to revoke the franchise one hundred and twenty(120) days after the appointment of a receiver,or trustee, to take over and conduct the business of the Grantee,whether in receivership_reorganization,bankruptcy,or other action or pros edmg,unless such receivership or trusteeship shall have been v-acated prior to the expiration of said one hundred and twenty(120)days, or unless- (1) Within one hundred and twenty(120)days after his election or appointmumt,such receiver or trustee shall have fully complied with aU the Provisions of the fianchise and remedied all defaults thereunder, and (2) Such receives or trustee,within said one hundred and[weary(120)days, shall have executed an agreement,duck apprm-ed by the court having jurisdiction in the premiss,whereby such receiver or trustee assumes and agrees to be bound by each and every provision of the franchise. SECTION 19, RIGHT TO PURCHASE SYSTEM The City may in any lawful+*anwr and upon the Mmient of a fair valuation lawfully ascertained and agreed to by Grantee,purchase,the propcm and pleat of the Grantee if such lowd'ase or taking over be upon revocation of the franchise or at the expiration of the term of the fiancliise,each valuation shall not indnde am sum for the vahw of the franchise and such plant and property shall be valued according to its appraised fair mad=value. In the c,.vm the City shall terminate the franchise pursuant to the provisions of Section 20,Paragraph c,of this Ordinance, it shall reimburse Grantee for the appraised fair ff-d=v g ue of the system,including both tangible and intangible assets. SECTION 20. SEPARABILITY a ""40mithstauding any other provisions of this franchise to the contrary. Grantee shall at all times compty with all laws and regulations of the general applicability pronmlgated by State and Federal gaernmems or any adrninistr=v agency thereat b. If any Sect on,subsarion,sentence,clause,phi,or word of this franchise is for any remn held invalid or unconstitutional by any court or gosernmental body of competent jurisdiction such Section,subsection,sentence,clause_phrase,or word shall be deemed a separate,distinct,and independent provision.and such holding shall eat affea validity of the remains prmisions hereof c. Should the State of California,the FCC,or any other agency of the Federal ) go"'ernmellt subsequently require the Grantee to perform or cease to perform any act which is incaa==with any provisiouts of the franchise,the Gnadee shall so notify the City UPon rem*of such notificutiom the City shalt determine if material provision of the franchise is affexed Upon such determination,the City shall have the right to modify or amend any of the Sections of the franchise to such 18 reasonable extent as may be necessary to carry out the full intent and purpose of the franchise. SECTION 21. FORCE MAJEURE: GRANTEE'S INABUM TO PERFORM In the esenr Grantee's performance of any of the terms,conditions,obligations.or requirements of this franchise is pcesentsd or impaired due to any cause beyond its reasonable control or not'reasonably foreseeable,such inability 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,cn-il emergencies,and labor unrest or=I-kes. SECTION 22. EFFECTIVE DATE This Ordinance shall take effect thirty(30)days after its adoption. SECTION 23. POSTING The City Clerk shall cause this Ordinance to be posted in three(3)public places designated for such purpose by the City CocmdL I SECTION 24. I Fast rarro&=d and read as a regular meeting of the City Carmcil of said City held on September 23, 19.99.and finally adopted and ordered posted at a regular meeting of said City Connnl on the October 14, , 19_9_S ATTEST: ih'Cleric of the City of G yr of the City of Grand crrace Terraoe and of the City Council and of the City Council thereof Thereof Approved as to form: Citv Artornev 19 ORDINANCE NO. 188 I, Brenda Stanfill, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 14th day of October, 1999, by the following vote: AYES: Councilmembers HL-key, Garcia, and Larkin; Mayor Pro Tern Buchanan; Mayor Matteson NOES: None ABSENT: None ABSTAIN: None City Clerk ctT.} STAFF REPORT CITY MANAGER ' S DEPARTMENT CRA ITEM ( ) COUNCIL ITEM ( xx) MEETING DATE: April 27, 2000 SUBJECT: APPOINT REPRESENTATIVE TO THE NORTH-SOUTH TRANSPORTATION CORRIDOR COMMITTEE FUNDING REQUIRED NO FUNDING REQUIRED xx Attached is a letter from Sanbag requesting that the City Council appoint a member to a committee to study the North-South Transportation Corridor. Somehow SANBAG must have mixed up the . letter, as ours is addressed to Council -viember Frank Schnetz of San Bernardino rather than to Mayor Pro Tem Dan Buchanan who represents Grand Terrace on SANBAG. The first meeting for this committee has been scheduled on Tuesday morning, May 2, from 9:00 A.M. to 12:00 NOON at the Registrar of Voters in Riverside. The North-South Corridor stands to have a tremendous affect on the City of Grand Terrace and it is to our best interests that we remain very much connected to this process. STAFF RECOMMENDS THAT: i COUNCIL APPOINT A REPRESENTATIVE TO THE NORTH-SOUTH TRANSPORTATION CORRIDOR COMMITTEE. i COUNCIL.AGENDA ITEM NO. ��j San Bernardino Associated Governments Sam Bernardino County Transportation Commission San Bernardino County Transportation Authority San Bernardino County Congestion Management Agency uw.oa„eao.aao��oovvu.er„ Service Authority for Freeway Emergencies 472 North Arrowhead Avenue,San Bernardino,California 92401-1421 (909)884-8276 FAX:(909)885-4407 Memo DATE: April 17, 2000 TO: Hon. Frank Schnetz City of San Bernardino FROM: Ty Schuiling, Director of Planning and Programming SUBJECT: North—South Transportation Corridor Study CETAP meeting notification for May 2,2000 San Bernardino Associated Governments is hereby requesting appointment of one elected official and one senior staff member as contact and key individuals for purposes of the North- South Transportation Corridor Study. A meeting for the entire CETAP group has been scheduled for Tuesday, May 2, 2000, from 9:00 a.m. to 12:00 noon at the Registrar of Voters, Assembly Community, Room, 2724 Gateway Drive, Riverside, to discuss which corridor mill be moving forward under CETAP. Some jurisdictions may be interested in individual presentations to their Council. Should that be the case, please contact Ty Schuiling at(909) 884-8276. CETAP000417-tv.doc toK Needles,Ontario,Rancho Cucamonga,Redlands.Rialto,San Bernardino.Tx Cities of.-Adelanto,Bars %Big Bear Lake,Chino,Chino Hills,Colton.Fontana,Grand Terrace.Hesperia.Highland,Loma Linda._Nonrclair ennnine Palms,Ctp.':nd. 4%icron i!!e. Yucaipa Towns of:Apple fall,-.. Yucra -c— o -- Community Services Department Staff Report CITY COUNCI XX MEETING DATE: APRIL 27. 2000 SUBJECT: SUMMER RECREATION CAMPS- SKYHAWKS NO FUNDING REQUIRED BACKGROUND: With the elimination of the City's Recreation Services Division, the Communitv Semites Department has investigated possible privatization opportunities for independent proprietors to offer recreation opportunities to Grand Terrace residents. Examples of current private operators of these services include the gymnastics program and the Men's Softball League. DISCUSSION: Staff has been in discussions with Skyhawks Sports Programs to offer Grand Terrace youth a variety of sports camp opportunities during the summer months when many students are off-track from school. The typical age participation for the kids is from 4-12 years of age. Attached to this memo is and overview of Skyhawks and the proposed camps they are willing to provide in the Cin. Each would be held at Pico Park during the indicated days and times. Classes cover most of the typical sports, with the."Mini-Hawk" be a variety of activities and sports.. Staff is re--..-sting authorization from the City Council to enter into a Recreation Services Agreement with Skyhawks and become a co-sponsor of the activities. This would include participation in the promotion of the camps within the community-and prodding-the park-facilities. In lieu of an hourly rate charged to Skyhawks for field use, the City would receive 10% of the gross revenues collected by Skyhawks. The City will not be responsible for any administration of the programs, nor will our personnel assist in conducting the activities. A short presentation of the Skyhawks Programs will be provided at the City Council Meeting. RECOhL% ENDATION: That the City Council authorize a Recreation Services Agreement between the City of Grand Terrace and Skyhawks for summer sports programs. FISCAL L%IPACT: This program will be a positive revenue to the City, which will be determined at a later date based on participation. COUNCIL AGENDA ITEM NO.� 4w ,Skoa wks, March 22. 2000 John Donley%. Jr. t:E C�,��l L- .Assistant Cit,, Manager nn , City of Grand Terrace 22;95 Barton Road Grand Terrace. CA 92313 John. Thank you for your interest in Ski hawks and our programs and allo%%ins me to introduce myself last ,%eek. As per,,our request. I ha\e put together the tentative dates. times and fees of some of the programs in which you had expressed interest for \our eommunit\. The\ are as follows: Date SDort Ales Time Fees June 26-30 Basketball 7-14 9:00am-3:00pm S87 Jul\ 10-14 Flag Football 7-14 9:00am-I2:00pm S'-; Jul\ 17-21 Soccer 6-14 9:00am-=:00pm S8- Juk 17-'_1 Mini-Hawk 4 9:00am-I3:00pm S-; 1.;I\ 34-28 Bas eta 11 6-1 9:00am-_:OOFm SS- As -ou can tell. I'm\en proud of our programs and am excited about the possibilit\ of providing these for the Cit\ of Grand Terrace. Sk\ha%%ks Nkill handle all aspects of these programs, including registrations and marketing. and pro\ide the equipment and supplies for each camp. In addition. Sk\ha\%ks xk ill pro\ide each camper \\ith a sport-specific ball and a T-shirt (for example. s,,ccer camper receive a sxcer ball and soccer T-shirt. a basketball camper. a basketball and basketball T-shirt. etc.). We \%ill also handle the hiring and training of staff for these camps. I x\ould like to explore some facilit` options within in the next few %%eeks so we can get e%enthing nailed down for the summer. I call \ou at the beginning of next\%eek. In the Meantime. if\c)u `a\:an\ questions or concerns please call me at(,10) 5-9-16.1. or\our time and consideration. Thank you f Sincerel\. Todd Doolittle Regional Director 10.5718.1631 Email: cloolits-ir,ate\%avnet Sports for Kids! Sk-%-hawks • PO Box 18 529 • Spok-2ne. WA 99228 • 1-800-804-3`09 • (509,-.46-6906 =2:,_ • ::.ebsi': «a�,.sl.�hau ks =-