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WAYS . MEANS COMMITTEE
september 17, 19a6
ATTENDEES: Councilman Steve Marks - Chairman1 Councilwoman Esther
Estrada1 Councilman Da~ Frazier1 Acting City Administrator Ray'
Schweitzer; Sr. Assistant City Attorney - Al Briggs1 Assistant City
Attorney - Bill Sabourin, Finance Director - Warren Knudson1 Public
Works Director - Roger Hardgrave; Public Buildings Supt., Wayne
OVerstreet, Mayor's Administrative Assistant Richard Bennecke;
Community Development Director - Ken Henderson, Assistant to City
Administrator - Susan Chow; CATV Coordinator Dean Gray, Public
Services Director - Manuel Moreno, Council Administrative Assistant-
John Cole, Gibson Bros. Janitorial Services Reps. - Lionel and Adam
Heller; Community TV Commissioner - Stephani Congdon
l. CDBG FUND REVIEW - The Committee considered oral and written
presentations made by Community Development Director, Ken Henderson,
regarding available funding from completed CDBG projects that could be
converted to the Contingency Account and the amount of funds remaining
in the FY as-a6 Contingency Account. After requesting an oral opinion
from legal counsel, Councilwoman Estrada removed herself from
deliberations on this issue, inasmuch as Casa Ramona, Inc. is a
recipient of CDBG funds and the Committee as about to discuss the
continuation of Social Service contracts utilizing CDBG funds. After
discussion regarding the fifteen percent (lS\) cap on Public Service
projects, the Committee voted to recommend to the Mayor and Common
Council that $l7,OOO in CDBG funds be used to partially fund FY 86/87
Social Service contracts (bringing CDBG up to the lS% Public Services
limit). The Committee also recommended that the remaining FY a6/87
Social Service funding requirements be allocated from the City General
Fund appropriated reserve account. The Committee further recommended
that Community Development Department staff be authorized to solicit
proposals for CDBG financial assistance in the following categories:
Capital Improvements/Infra-structure, and Demolition, with the Mayor
and Council to consider a supplemental allocation to the FY a6/87 CDBG
Contingency Account.
2. CABLE TV FRANCHISE FEES - Item continued. The Committee
directed the City Attorney to complete their review of the applicable
utility user tax for certain items, i.e., interstate access line fees,
appearing on telephone bills to be brought before the Committee at the
next meeting.
3. LIABILILTY CLAIM/TONY ARAGON - The City Attorney and Acting
City Administrator recommended denial based upon the policy of the STP
which stated that reimbursement shall not be made for damage to jewelry
or motor vehicles, dated July 23, 1976. The Committee concurred.
4.
CITY - The
should be
CUSTODIAL SERVICES FOR VARIOUS PUBLIC BUILDINGS
Committee unanimously agreed that some public
contracted out to the lower bidder for custodial
THROUGHOUT
buildings
services.
cJy
-
.
C;:wever, there was diSagre~ent among the~ommittee on
should be recommended to the full Council for approval.
Councilman Marks recommended contracting out for all of the pro-
posed buildings except for Schedule II and III (see attachment). The
cost saving to be realized using this scenario is $117,243. Also,
Councilman Marks contends that the Public Buildings Department will
have sufficient permanent employees remaining to do tasks not
associated with custodial duties such as contract monitoring and
specialized work tasks sych as set-ups for groundbreakings.
which
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buildings
Councilman Frazier recommended contracting for Schedule IV, V,
VI, VII, IX and XI. Schedules that should not be contracted out are I,
II, III, VIII and X. The cost saving in this scenario is $63,136.
Councilman Frazier expressed concerns about employee layoffs, contract
compliance in the case of the Library, the Police Department concur-
rence for the police station and the service that is provided by City
employees for Central City Mall. Councilman Frazier also recommended
contracting out on an incremental schedule in order to ascertain
contract performance.
Councilwoman Estrada recommended contracting out for all of the
buildings except Schedule I, II, and III. The cost saving in this
scenario is $lOl,a93. Councilwoman Estrada expressed concern about
employee layoffs and the public confidence in City employees working in
the Mall and the performing of tasks not associated with custodial ser-
vices.
The Acting City Administrator and Public Buildings/Security and
Parking Control Superintendent recommended to the Committee that all of
the schedules should be contracted out except Schedule I, II and III.
Both the Acting City Administrator and Public Buildings Superintendent
agree there would be too many layoffs of permanent employees if the
Central City Mall is contracted out. Mr. Overstreet also expressed
concern about the tasks performed by City employees not associated with
custodial duties. The Superintendent recommended maintaining the
status quo since his department has built up a successful program.
The Committee unanimously agreed that City Ball should not be
contracted out because of security and the extra services performed by
City employees and that the parking structure and Central City Mall
parking should not be contracted out because there is no cost savings.
The Committee unanimously recommended that the contractural agree-
ment be' amended to reflect (l) a 3D-day -termination for convenience-
clause, (2) provide a provision that can include additional services,
and (3) include a stronger provision to consider hiring displaced
employees. After the first year, if successful, the City should con-
tract on a multi-year basis to achieve further cost savings (amoriti-
zation of equipment).
S. FEES CHARGED FOR FISCALINI FIELD AND SHOOTING RANGE - The
Committee recommended to the full Council to extend all current permit
holders at the pistol range for a time equal to the time the range is
out of service (estimated down-time is 15 weeks).
6. PARKS, RECREATION' COMMUNITY SERVICES BUDGET REDUCTIONS-
Item continued.
t"J 7. HANDICAPPED -BLUE ~F.W' PROPOSAI;"II( The Committee recomme~
tlre Council approve the a~tion in pri~ple of the proposal ba~d
upon a volunteer program at the next Council Meeting and to consider
the detailed implementation at the Council Meeting of October 6, 19a6.
a. AUTOMOTIVE DEALERS LICENSE - The City Attorney has determined
that the City does not need an automobile dealer license to engage in
the types of buying operations in which the private sector engages in.
Therefore, Committee recommended Council discussion of this item as a
policy issue to determine whether or not it is the majority opinion to
engage in automobile buying as if the City was a dealership.
.
9. COMCAST - GROUP W CABLE TV - The Committee unanimously recom-
mended that the Council approve the settlement as recommended by staff
and Community TV Commission and adopt the resolutions. The Committee
wishes to thank staff and the Commissioners for negotiating an
outstanding program. (See attached proposed resolution.)
lO. REVIEW OF SOCIAL SERVICES - Item continued.
Meeting adjourned.
Respectfully submitted,
~~~
Councilman, Pourth Ward
SM:jv
CITC OF SAN BERNARD~ - REQU~T FOR COUNCIL AC~ON
From: Raymond D. Schweitzer
Acting City Administrator
Subject: Adoption of the "Bl ue Crew" Concept
Dept:
September 22, 1986
Date:
Synopsis of Previous Council action:
None
Recommended motion:
1. That the concept of an all volunteer "Blue Crew" be adopted in principle.
2. That the City Attorney be directed to prepare necessary ordinance for the
implementation of an all volunteer "Blue Crew".
3. That $1,700 be appropriated for the purchase of uniforms, badges and ticket
book holders, and that the Public Buildings/Parking Control Superintendent
be authorized to purchase such items.
Contact person: Wayne Overstreet, Supt. Publ ic Bl dgs.
Su rt" d ta tt hed Attached
ppo mg a a ac :
Phone:
383-5244
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
75.0262
Agenda Item No
~t/
C1'It: OF SAN BERNARD~ - REQU~T FOR COUNCIL ~ON
STAFF REPORT
Based upon the recommendations of the City's Commission for
Disabled Persons, the Ways and Means Committee and staff have
explored numerous alternatives for handicapped parking
enforcement throughout the city, to include the use of a
volunteer .Blue Crew. for enforcement.
Analysis indicate that if the city were to utilize a volun-
teer force of approximately ten people the possibility of
increased gross revenue could increase by approximately
$26,000 per year. This would augment an already existing
permanent parking control work force of five Parking Control
Checkers that have over 9,600 time limit parking spaces to
enforce, which has resulted in limited enforcement of handi-
capped parking spaces outside of their assigned areas of
responsibility.
By utilizing a volunteer blue crew would provide
means' to more effectively patrol and enforce
parking restricted use to only truly qualified
individuals.
the city a
handicapped
handicapped
Not only would the city benefit, it would provide handicapped
and senior citizens a means to contribute to a useful purpose
for our city.
If each volunteer that is authorized to patrol and issue
parking citations averages one valid citation per week it
would provide additional revenue to the city of approximately
$2,600 per year, per volunteer.
It would require minimum expenditures of approximately
$170.00 per volunteer for uniforms, badges and ticket book
holders, or approximately $l,700 total.
It would also require a minimum of twelve hours of class room
training for each volunteer to qualify them for such duties.
This could be reduced by training a volunteer coordinator,
then he would be required to train the individuals before
placing them on duty for enforcement.
Training would be required by the Police Department for
proper vehicle and city ordinance procedures and handling the
public. It would require a change in the city ordinance
authorizing appointment of such individuals on a volunteer
basis.
75~0264
000 0
It is recommended that the volunteer wBlue Creww concept be
adopted in principle and that amendment to the Municipal
Code, Section lO.l6.lS0C be referred to the City Attorney for
proper preparation for such legal authority and be brought
back to the full council for final adoption.
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CITY OFOAN BERNORDI
INTEROFFICE MEMO~UM
8609-648
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TO:
Councilman steve Marks
FROM: Raymond D. Schweitzer, Acting City Administrator
SUBJECT: custodial Personnel Assignment
DATE:
September 22, 1986
(6840)
COPIES:
Mayor and Common Council
Per your request late Friday, I have reviewed all the custod-
ial personnel assignments as they pertain to full time and
part time. If bid packages #4,5,6,7,a,9,10 and 11 were taken
as I indicated earlier, it would mean that there would be a
layoff of two permanent personnel and approximately 16' part
time people. The two permanent personnel are as follows:
1 Vacancy
1 Potential Retirement
You requested me to check into the matter of including bid
package #1 (Central City Mall). If the Central City Mall
were to be included in the above bid package (4 through 11),
it would add an additional 6 full time and 13 part time for a
total of 8 full time and 23 part time. However, City Hall
currently has assigned two full time and 8 part time who are
working an 8 hour day. It would appear that the 6 full time
individuals relieved by an outside contractor could be
reassigned to City Hall and City Hall manning would be 8 full
time and 2 part time. In that manner, the city would be
looking at relieving 2 full time positions (1 vacancy and 1
retirement) and 29 part time.
If you have any additional questions, I will have Wayne
Overstreet available at the city Council meeting.
RDSjmd
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enc Associates
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Affiliated With
The Cable Telev.slon InfO'matioo Centel'
RiC'i.-ADMIN. OFf.
1986 SEP 19 AN 9: 4S
September 15, 1986
Mr. Raymond D. Schweitzer
Acting City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Dear Raymond:
After eeveral months of negotiations, it is my opinion that
the draft language which the negotiation committee and repreeen-
tative of Comcast reached thie past week (September 10, 1986) hae
met all of our requirements.
I would recommend to the Mayor and the City Council the adop-
tion of the propoeed resolution, and the memorand~ of understand-
ing which you have received from Maureen Whalen under the date of
September 12, 1986.
It has been a pleaeure to work on this matter with you, the
Cable TV Advieory Committee and City Attorney, Ralph Prince.
I believe you will find Comcast to be an excellent company
with which to work.
If we can be of further eervice please give me a call.
itit
Har~. Horn
pree1dent
4ft",
1500 NOIlTH BEALllEGA/lD SlTlEET. SU1E 2Cl5, !>I.ElWOllA. VA 22311 (703) 845-1700
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO CONCERNING THE TRANSFER
OF THE CABLE TELEVISION SYS'l'EM FRANCHISE FROM GROUP W CABLE, INC.
TO COMCAST CABLEVISION CORPORATION OF CALIFORNIA.
WHEREAS, Group W Ca1>le, Inc. throuqh its wholly-owned subsidiary
GWC 78, Inc., (cQllectively referred to hereinafter !l~ "Group W")
owns and operates a cable television system i~ the .Cityq~ San
Bernardino (th.."City"), and
WHEREAS, the City has been advised by Group W~hat control of the
Group W subsidiary operatinq the cable television , franchise in the
City (GWC 78, Inc.) will shortly be transferred to Comcast
Cablevision Corporation of California, a subsidiary of Comeast
Corporation, and
"
WHEREAS, Comeast ha. aqreed, by letter of June 10, 1986 (attached
. ~ .... I ., . . ,
hereto) in response to the City's request, tocCllllllence, in
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consultation with the City, an analy.i. of the cable 'system's
., - .-' _"'l'.'_l.€' ,>(...,;
technical capabilities, 1t. cust_r needs, market conditions and the
capital costs required to expand the system's channel capacity, and
to complete this study and submit it to the City one year from the
date of this resolution, and
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WHEREAS, provided that such analysis demonstrates to Comcast that
such expansion in channel capacity is economically, technically and
financially feasible, Comcast will commit funds for such channel
capacity expansion to be completed no later than early 1993, and
WHEREAS, Comcast will desiqn for expansion of channel capacity to
450 MHz (54 channels), however, Comcast may find that a phased-in
expansion of channel capacity over time is a more feasible approach.
This means that Comcast may upqrade the plant to 300 MHz (36
channels) initially, then expand to 360 MHz (42 channels), or 450 MHz
(54 channels), as warranted, and
WHEREAS, within twelve (12) months of the date of this
resolution, Comeast will install and maintain a proqram origination/
insertion point at City Hall, installation shall include labor,
materials and equipment, and will provide to the City the production
equipment listed on "Exhibit A" of this Resolution, and Comcast will
activate and maintain the proqram oriqination/insertion point located
at the San Bernardino Library (6th and B Streets), and
WHEREAS, Comeast, upon reachinq at least 36 channels of its
channel capacity expansion and system upqrading project, has aqreed
to provide, in accordance with Section 611 of the Cable
communi~ations Policy Act of 1984, and in Section 14.08.030 of the
San Bernardino Municipal Code, at least one channel without charge
for the exclusive use of the City, one channel for educational uses
and one channel for public access uses, provided however, that
Comcast shall continue to provide one channel dedicated for Public,
Educational and Government Access, regardless of the cable system's
channel capacity; and
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WHEREAS, Comcast has agreed, within six months of the effective
date of the transfer of control to Comcast Cablevision Corporation of
California, to use its best efforts to reduce channel "sharing" and
increase the diversity of programs beinq offered to subscribers by
utilizing the programming flexibility recently achieved with the
changes in the former "must~carry" rule, and
WHEREAS, Comcast has aqreed to work with the City in developing a
comprehensive line extension policy for serving existing and future
areas within the City that for various reasons have been omitted from
receiving cable service in-the past, and the City and Comcast agree
to use their best efforts to, develop a mutually. satisfaotory line
:.....
extension policy within six months of the effective date of the
transfer of control to Comeast Cablevision Corporation Qf California;
and
WHEREAS, Comcast has agreed to continue a preventive maintenance
program to guarantee optimum performance and quality of service to
all subscribers; and
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WHBRBAS, Comaast has aqr.....,to.comply w~th.al~ pro~isions.of
: _ ,..~ . 4.~ _ 0' 0_' .
Chapter 14.08 of tbe San,iernard.i.nGUlI,anicipal co4e.,.as modified by
the Cable COllIIIUDications policy Act of 1984, and as clarified by the
__ .;,....;;l..;.'..J.J. -_--;O'~.. ...'.,..-<;L . -~.,-,...~~"" ......H~""'............;..:..
attached MemorandUm of 'Onder'standing which'iS incorpOrated by
.'
reference as if fully set forth herein, and
WHEREAS, Comcast and the City aqree that the franchise fee for
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this transferred franchise shall continue to be 4 percent of qross
revenue until such time as the City shall determine that the fee for
all local cable franchises is to be adjusted to 5 percent of gross
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revenues as provided in Section 14.08.110 of the San Bernardino
Municipal Code and as authorized by the Cable Communications Policy
Act of 1984; and
WHEREAS, Comcast and the City agree that the term of this
transferred franchise shall expire on December 31, 2003;
NOW, THEREFORE, THE MAYOR AND THE COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DO HEREBY ~atify the transfer of the cable television
p.''''
system franchise of Group W, GWC 78, Inc., to Comeast Cablevision
Corporation of califo.r~ia, su1?Ject, ~o comp~i,lN.lce. her~:i~~~~er by
Comcast Cablevision Corporation of califqrnia with all provisions of
Chapter 14.08 of the San Bernardino Municipal Code, as modified by
the Cable communication. policy'Act of 1984 and as clarified by the
attached Memorandum of Understanding incorpOrated'by'reference
herein, and all theaqreements reflected: ili'lhis Resolution and its
WHEREAS clauses. This ratification, and the aqreements contained in
this Resolution and the Memorandum of Understanding shall be accepted
by a letter from the President of Comcast Cablevi~ion Corporation of
California to bef~led with the City Clerk of the City of San
Bernardino within 30. ?-y...tf~.,~ ,~~~jltion..!.~,f,..,~~ R~~~~ution.
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1 HEREBY
by the Mayor
the
day of
CERTIFY that the foregoing resolution was duly adopted
and Common Council of the City of San Bernardino at
meetinq thereof, held on the
, 1986, by the followinq vote, to wit:
AYES:
Councilmembers
NAYS:
ABSENT:
City Clerk
..--'
The foregoing resolution is hereby approved this
of . J,986 .,"". ~'-'
day
Mayor of tqe City of San,Bernardino
~ ,-
Approved as to form:
,-~..' . - -- '. "--
City Attorney
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UNITS
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3
1
1
1
1
1
2
2
7
1
1
1
1
1
1
1
1 '.
3
2
3
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EXHIBIT "A"
. clQYt~~TQ IB DEDICATED TO THE CITY OF SAN BERNARDINO
"'..- .....
EQUIPMENT DBSCRIP'rION*
Panasonic WV-V3, W-Canon 15, 1 Lens, 3 tube color camera with
camera cable, lens, and all CCU.
Servo Pan/Tilt/Zoom Mounts
JVC KM-2000S.B.G.; Video Switcher
;'" . ,.-
Shure M267 with A268; rack adaptor/audio mixer
Quanta QCG-l00B; dual channel character-generator
catel RF ModUlator
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':,"".j:' ~;;NI'~
Winstead'G8527-Based euitoill-3-mtj' ra:c'i~i"t.enrl''''' ",j''''''
. -'" --' -".-,- .'.' ,..~ -- , .",,-";...,...,
VldeotekRM-12RA with '-ltripili'~abielff v1de81moni't'or., color
. . -, .., ' . '. .. -. -"',-" .-:!~ .
pan&Bonic W'f'-5362 .1detrmdtil'\!orlft~'bIlIc1:r"'htf'Wh!t!i
. _~ ."',_ ,,':.,H,i~.' ,\..-..~l.;...J~~'::_"'lS;; ~,.~~
colortran llt'61l Fre.rotl with access,. l.f9htinq,permanent
:~c;.~. '. ", ._L~ ;"d:':'.L~.,l~ ,-<"I&.~.~
SONY VO-5850 with RMM-501 1IlOUl\~If;verecn~fno 3/4"""
~"'l -. .. ;...-~
SONY VO-5800 with RMM-501 mounts and RFU-634 modulator;
record/pky VCR 3;l4"'h'" ' ~.,'
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SONY RM-44o- with type 5 cables; edit oont2!O'1lerwith cables
, ",."-'"
.. . ~::: .' ""'. ;. ::t-" '... --, '~_'''' ." ., '
,.':\..
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ADDA ,W-3, '~'base'eorrect1'R . ':i~'.;'.X.1
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......4)i .:.'.r " .,i),JC-l ,:J.>..
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Tektronix 52~ waYef~IIOMtor_thraall>tIlCNDt "
,,'':f 4;; ",": ,..,.,;. :_f~_'~~:" ~ .;__:(i.~ .- ~ ~i!...; .:"O.~_,
SONY VO~680n_tb.~,lNtt., chal'ge~, po~hll.'dfea 3/.'" with
access
::4 ~ .,_" __.~". ","( ....4.-:.-, :;..;~ .~. ",:.t-""",I_
Bogen 305,8, w1.th, s..1d .bead, doU.~", ~a ..&blIe tld.pad, head and dolly
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, .p"?
~,
Lowell elemental kit, portable liqhting packaqe
SONY BCIl-150; microphone.,. acce..ories -
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McLean 23B408A17 rack. fans.
,-~..:e ~.
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Telex Head Sets
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1 Videotek APM-2RA dual channel monitor/speaker with amp
* Bquipment may be equivalent to that identified aa per this Exhibit "A".
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EXHIBIT "A"
EQUIPMENT TO BE DEDICATED TO THE CITY OF SAN BERNARDINO
.___t.......
Ti tle to the equipment listed on the previous "page will.be vested in
the City of San Bernardino. For newlY Pllrchaaed ~ent..,
manufacturer's warranties will be in the name of tha City, should any
of the equipment be provided from exilting. inventories, comcaat
Cableviaion Corporation of California p~ovides a 'one (11 ye~ ,
warranty on the equipment to the city. ..'
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On the day of , 1986, the City of. San Bernardino
by Resolution No. "', ratified to the transfer of GWC 78, Inc. the
holder of the cable television franchise, from Group W Cable, Inc. to
Comcast Cablevision Corpor~tion of California, the Transferee.
Under the terms and condition. of Resolution No. , GWC 78, Inc.
and the Transferee, will be bound by the terms and conditions of Chapter
14.08 of the San Bernardino Municipal Code a. modified by Resolution
No. and this Memorandum of Understandinq.
"._. .~,~~. ~'~..eJ4&" ~",' -,":"
It is t_.lnten~of this MeIllOrand1lllof unairrt'lin'd:1ng to clarify the
application of' cfttdl1 provistona of' eHaptet'"U;'tl8to ''€he''-ol)8tation of
the cable. televtsloa s781:- trillWferritCl to comca.t' and it is further
understood. tbat tlhi. MemodJl.dul&"of-Unc!el'llt.Dlti~q'fjI"'mco~d.~ed by
reference into Re.olution No. ' 'a. if"fully set f8'rth therein.
".4 ,.,'''''!.; ';'C.'_-' .~.~,-~_..~i't_-i." .'~_j";..!~'J'..':i.l,.\. l..c';"Jlfii."_'_"",:,,, i\J.~
certain proviaions of CbaptWr 1.... 08' ".re '1t\"C!6ftflict'with the Cable
communicatloDaiPoliO'Y" Act of, 1984c'and theyhave''1lOt beeiI specifically
modified or deleted. Both parti.., agre.t '~atdl1:':i.' th.'1-r~ shared
intention that these proviaiona,tn 'eha~ 14:eS ~f'the Sail Bernardino
Municipal Code have been .'pn.-pted by the federal law and thus are no
longer legally bindinq.
"EttIf .....
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14.08.010 Definitions,",
_J......,.
-;-_~," ; F. t
- ~ - "..--." .
"Gross revenues.'L sMll. meAll, any.an4 alJ..c:ompeDSation frCll\' whatever
source, either d.i.rec:tly Qr ind.i.J:eetlJt,receivC.~bF' the_1.t;w for cable
services rende.r1t4 by",tha Gr.h-...1n t;ba"kemalli..,.... of the City of
San Bernardino,.UIlder ,~~tel;lllS .....c::olMl1.ioIIa of "a-tfaactlt.e.h. Gross
revenue. shall.~u4e,.:)a1.. qce1.VJ14 by >the.lfl --,t...tor U..."" ,
extensions. . . .- ,.~ .,...0'.". ,.,,' ... .',. . .
..'~L' .~. ~".:.:lj.:':- -
; , , ~ ... ,__..';...."'_.~;. .....-.:.; .~.<'" ~.l.w.. .~:~>-..~>, ...
14.08.070 Cablet..i.ev-'.aioD...eJ:V1ae - Sub.--ij-'" CCllll)~U...
_ _ , , . . .11." , ..~ c.:'" -,'''I. ,-E-
D. Grantee shall not be reqUired to have a 24-hour toll free number in
operation for the purpose of ,receiving and ;r;UQlvinq_ b1.Uil19 adjustments.
,.,--.;., --~"
B. Because Grantee mai,3ttains .itll lQ9.9t, sub~UIPr complaints as part of
its computer1z~ billinq syst.., . ~__.QDa>>le ..~ ..t :be allowed to
request a "print out" of this lll.tcmaation befQr...tbe City c,QQ;:J,d review
the log. Such records' mu.t be kept for .. periodq of three year. from the
date of the compla1pt. '. .
o
o
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14.08.080 Municipal Service.
B. Grantee shall be required to provide one Basic Service cable drop to
municipal and public institutions at no cost and only upon the request of
the Chief Administrative Officer or hi. o~ her designee an40nly when it
is technically and economically feasible to do so.
. ....41
14.08.110 Franchise payments.
Franchise paYments will 118 made on a. ~terly basis. payment.s must be
made to the City no later than thirt.]!I (30)4ays afteJr,tba end of the each
quarter, pa~en~. made aft~.this date will re.ult.,in an interest charge
at the pr1melntere,'~ .rate plus one ,percent, .1;be prime rAte shall be
based on the San Berna.rdino Intex:.t&te Bank rate.oa the dat....of
computat.ion.'" ' ,<
14.08 .170 .~~~ation 0(. Francl1.1se ~ Payment fordu.(le...
'.' _ ,1;'_, _ __ '__~~_ h --:,,~~;d..a:! ,;,J;'""o;>:~1
Grantee shall b,8:r~1-~~ to ~.PaYm8~.t.q."~..City,,Q,Dly in t.U event
of any unlawfurlioldln; ov~r aft.er the expiration..o~,~, franchise.
. ';;.>.' ~~'';;' . , .' ,.... .,.- '. " - . - - .. -- <. '.
",,' " . ,_:- '_ . . 'O'"T'l:.~ , ""4'.' dV
14.08.270 Performande deposit to city. . ..
Grantee .hall not ~., r'equirJt()1ii~. .' perfori;ir'i~,.:;~sit'~"".,.
14.08.280 Performance bond~or sUbscribers.'" ,,"'"',' u"Q
,- ',-,,..- "....-_..
Grantee shall maintain in full force and effect its Performance Bond in
the amount of five thousand dollars ($5,000.00).
14.08.300 Defense of liti(lation.
B. Grantee shall be allowed to enter into settlement aqreements without
the prior written consent of the City, if Grantee is solely responsible
for the settlement.
14.08.400 Franchise a privile(le held in personal trust.
_ _..: -""4#. .~~.r's:!:'
A. In the event. of" trliAlffer in trust, mortqage or hypothecation,
consent of theco\IIHJtQ. .baI1~ not be required, provided however, that
nothing contained ~e1n shall authorize the Grantee to transfer control
and/or" ownership of the franchise to a lender, o,r to allow a lender to
assume operation of the cable system without the prior consent of the
Grantor.
14.08.470 Right. reserved to the city.
A.5. Grantee shall not be required to make any payments to the City for
PEG Acces. production equipment, nor shall Grantee be required to provide
such equipment, except as provided for in Resolution No. .
C. In the event the City desires to purchase the cable system, other
than pursuant to the lawful exercise of eminent domain, the City shall
have the riqht to purchase the .ystem for a fair and. just value only if
Grantee wants to .ell the system.
if:
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14.08.490 Procedure for adoptin~ new rules and reaulations.
A. When adopting new rules or regulations which a~tect the Grantee, its
business, franchise or operations, the council will limit the scope of
such new rules or regulations to the lawful exercise of the City's police
power, consumer protection, enforcement of construction and technical
requirements and standards, access rules and financial reportinq
requirements. Notwithstandinq this riqht of the City to promulqate new
rules and regulations, new rules and/or regulations that would require
the expenditure of capital shall be mutually aqreed to by the City and
Grantee.
14.08.530 Preference or advanta~e in char~es prohibited.
Grantee may have different rates for Senior Citizens, bulk accounts and
promotions. However, with the exception of bulk accounts which are
neqotiated on a case-by-case basis, rates for Senior Citizens and
promotions shall be offered on a nondiscriminatory basis within the
identified group.
14.08.540 Permits and construction.
B. Grantee shall be required to 'notify the City of any and all filinqs
as described in this section, but shall only be required to send copies
of such filings to the City upon the City'S request.
14.08.600
Dutv of orantee to protect. relocate. et.c. propertv.
"i.
B. The conditions for abandonment shall be limited to requirements
necessary to protect the health and safety.
14.08.680 Prohibited acts of arantee.
C. Grantee shall be allowed to carry advertisinq on the cable system and
include advertising materials in monthlybillinq statements for
television and radio retail and service businesses.
New Section Force Ma1eure.
Grantee shall not be deemed in violat.ion of its franchise for the delay
in performance or failure to perform in whole or in part its obligations
under ~is franchise due to labor dispute, material shortaq., war or act
of war (whether an actual declaration of war is made or not),
insurrection, riot, act of public enemy, accident, fire, flood, or other
act of God or by other events to the extent that such events are caused
by circumstances beyond Grantee's control.
Accepted on this _ day of
, 1986 by:
City of San Bernardino
GWC 78, Inc./Comcast
.0
QlrncaIl CallIe
~.lnc,
0. ....,...,.
... 0jlMwd. M 1Illl)l
115117-48
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(iJCOMCABT
.bIe 10, 1986
Mr. Ra,.ood D. SclMlitier
Deputy City .....i..i ..trator
City of SIll BemantiDo
300 North "0" St~
Sa BemardiDo, Califomia 92418
Dear Mr. Scbweitzer:
~ly. Ms. Barbara ,..hIl_, Vice ,PIeS~, Mlic Afhi?S, o--..t
c.ble C. wtic..tiaas, IDe., .-t with you _ otIIn ....rs of City
staff to di.......' the City'S cable telerisiclll servke - the .._'.
dIIJII8 in tile GlIII81'Sbip of ~ . (,,""le, IDe. Ita put of the
d1........... tile City "taM questions Bout future ~l ",-.-jty
....I..I1o..iaD of the systIa. In a letter to the City cIate4 May 22. 1986.
Ms. b"'- p1WUJed you with .tdit1cna1 apt-tory IDfonatiaD about
C-.l't's policies _ procro.... .......cem1DI "-iei.... to JlDdi~,
"n.... .wJIar _wild a cable systfa. At this t_, l1<<lU1cllib
to prvride you with mre specific mfoDat1clD . ....cem1Dl r---t's
tboiftH"If OIl this ..uer J'eIU'CUDI the cable systIa serriDa nsiBts
of the City of Sa BemantiDo.
First _ fv.....c.st. I wilt you to know that ~et is I'.......a to
......-m the cable systIa's cMnael (:...,.....ty. C--et will i .i-tely
beIin iu analysis of tile cable sysua's tedmka1 ~UitUs.
c:usu..r oeecis. ..net conditiaRs .... _tal costs. 'l1ais writ .......1.,
be ~letecl by md-1987. Proride4 that the c1ecisiclll to 1'& cull forwrd
with a c:to....d ~ity exp--iaD is "".... ...'....1~y. t~I...1..J' - fiDaD-
dally feasible. er----t vil11uJ&et the project ~ 1leIin - later thm
1910. ~1"If ClIl the size .. K>Ope of the UIIInlIe project, caapletial
sbauld be 11(- ..,.u.sW within 2 to 3 yeas of tiIi' ",_1.. of 8CtUaJ."
~iaD lmt. It is of QlUI'S8 possible tIlat tIais CIIIlI1cl bePD prior
to 1910 if.-&_ CIO"'-'itiaas _...4 the ...~itun of apita1 11II1...
feel t:JIere is a realistic uwvJ baity to am a retum OIl the ha._tMAt.
eo--lIt will desip tile cable systfa to be ~le of carryiJlI 54 chmmels
of pi'" 1"If. ItDwner. cJuriII& our .-lysis _ ...._1)lf-t pl_h."
_ ..., fiDd that pbeaM in channel c~ty ..,....... is the .-t pNIIDt
tec1m''''1 -W.oach. 11ds In-a that 1118 ..., ~... the pbat to 36 ..--15
initially, then ....... to 40 c:baRnels, ... ulti..te1y to 54 c;1-....1s. as
'*""11. 'l'bese c1ecisiaas cJeDml in 1arae put aD the current. cand1tiGil
of the cable plant and the Ml'1ret itself. ..
-
o Mr. Raywn! D. Schweitzer 0
City of SID Bemardino
.bIe 10, 1986
Pap 1\10
o
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ID the iDteria, C-.,t' will cantiJale the prewntiw _intensIP ..........
establisbec1 by Gnlq) W Cable IIIlI will be mHwiDI the .......... l_-up. '
PreseIlt1Y. the cable sys~ offers ...-aiben 2t ....... i ~ls
which iDel_ local ~.,t ~ls. aclvwrtiser-~ cabl.
servkes, ~.. .me _ ~t serric:es _local pr.,.. '''I
_ .cc-ff chamels. In order to offer * widest ftDIlI of ...... t..
~ d_.-1s shan u.. with variGUI..mc:.s. Da.tothe f...... "Just-
cany"' JUle. the C8b1e apentor... ~niI to carr'1 all of the local
~.&1: sutlaDs reptdless of ~r intereSt <<,nC.l.-c:e. In the
SID ImIUdiJlID area this MDt that MV8ra1 ch8Im81. -- 'wwvait.ble for
alterMtiw .... t.. As yau ..., Jrinaw. the ''Just-carry" JUle is DI)
laaaer ~~t biDliDl- this c:hIDp in the law ..., aUow for --
......... f1 ility in the future.' .
..
As yau ..., baIw, QJIIo(...t is establlPt.. a 1festem R81i- office in
SoutIIem taJJ.fomia. JialeqQ8tte....iaIa1 Vx.,~~, MIuI:'ee
Wbal_. IfIIIi-l OD\,....l- DlJ""toJ Of Gawe., .t 1I1at~. IIi1rilt r.ph,
Genetal __.... snd JutIara l'oJ-&. w111.\IIOdt with yau to ensure that
the City is fully 8PPriJecl of all future pllllllWll.
I bope this letter _ its ~~ c:1arify eo--ct'. intelltlaDs
c:ax:emiDI the cable systla seniIII die City of s.n~. " ~
yau bIMl .., further questials, ple.,-- cmtact Nib r.p. << .., . ~TS
of the ~-t -III! .t ~.
Very tJUly yours,
~~
Rdlert B. ClasIIl
Presidllit
Rl1:./8
-, ,:"... ..,,'J'
a:: J. W. ~tte, Gnq) W Cable
M." _ J.. Gnlq) . Cable
.. ",,__. Q~ . CIb1e
.. B. ~~, ~.&1:
IlL
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tiL
o
ComeasI Catlle
~.InC.
ON..... -
.... CytMVd. M 1toOt
2IS 117-GlO
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(iJCOMCAST
June 10, 1986
Mr. 1Ia1.004 D. SchIieitZer
Dep1ty City ~~..I-uator
City of SIn BemardiDo
300 North "Ir' Street
SIn BemardiDo, Califomia 92418
Dear Mr. Schweitzer:
Rectntly, Ms. Bubaa 1'~~,V1c:e .Pres~. PlIb1ic Affain. o--..t
CIb1e 0 ..;....tials. IDe.. _t rith you ... odIu . ..,s of City
staff to di......... the City's cable televisioD surice .. the 'ifC.m"l
cbsDp ill the ClllIIIIrship Of GrclUp . Cable. IDe. As pUt of the
dj-.....iclD. the City pfead ~Ibaut futuN c1--"'1 c~ity
"'.~iclD of the sysaa. In a letter to the City claud May 22. 1986,
Ms. b'w-.. proricIecl you rith..witialal ~1_toly ~tiaD Ibaut
('-~'s policies _ procecIures c:oncendDI "'-let- to iIlod~*Y,
....... Glll/ar reborlld a cable systIa. ,At this tmI. I MlU\c1 IDe
to prvvbJe you rith mw spedfic iDfomatioD CIllIIC8JDiDI c--ct's
tJw~..H. OIl this 8atter reprd1Da the cable "sa. serriDllUidents
of the City of SIn BemaIdiDo. '
First ad f~&~. I WIlt you to Icnaw that C.--ct is 1'&.,..aed to
..~ the Qble systea's e"-l ~ty. '"--ct will ~ &1-1:81y
beIiD its ..-lysis of the Qble systea'S ~~..., e8PDUitia.
~r JIIIeCIs. .....t o-Htians _ c:.pita1 c.ts. 1his writ .......lcJ
be COIP1eted by 1Wl-1987. Proridell t1at the cJecisioD to 1'& c~ forward
with a ct-..al,~ity -..-ioDis ..cOlI ..1-e-'17. ~~...117 ad fiDm-
cUlly feasible. ~ct will ....~lt the project to .... - later tMD
1990. Dt.rr. "f.,.. .,sta._ .cape of the, __ pIOjec:t. caIIPletial
sIIou1cl be ~. .-"UsW ritIdD 2 to 3 ,.us of * ~_f. of ctuaJ..
........l.&lICtioD 1DI'k. It is of ..-- poailtle that tIPs OIIIII.Jd beIiD prim'
to 1990 if ..t1Dlt CIlIIII1tia1s -. &..4 the .....,......~.. of apita1 ... ...
feel there is a ~istic .....- tomity to am a &.turn OIl the in.-taeDt.
eo-ct will desip: the cable systea to be e8PDle of c:arryiD& 54 e--ls
of PI.... 1"'1' ~.r. duriDI our .-lysis ... -*"q>- p1-I..
_., fiDd t1at phued in chmnel ~...,-rfty .~J.oot is the est pnIIIDt
teehn~.._l 8IlPI"OKh. 'I1ds .1-. that _ ., "rP-- tile p1lllt to 36 ('''--15
initially. then ...1...... to 40 cMmels. ... u1~7 to 54 d-._...l.. as
I18C"sazy. 'I1Iese clecisials c1eDeD4 in 1arae part ClIl the CIu .'Il4t. CIlIIII1tiaD
of the cable pllnt and the ..dret itself. "
1
o
Mr. RaYJDld D. Schweitzer 0
City of SIll Bernardino
JIm 10. 1986
Pap TMo
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In the blteria. CO'""'ut' will CCIltiJale the pnwntiw _intenance ,->4--
esUblisbed by ~ W Cable _ will be ftviewiR& the ...>4.- liM-up.
Presently. the cable sysua offen .acribers 2t pI...- 4 c:Mnnels
vbich iDelude local ~-st c:Mnnels. l4vertiser-~ cable
services. pnoa-". .m.e _ ~ services _local pi.... 4"1
_ ~I c:Mnnels. In cmler to offer the widest JWIII of p..... t...
sc.e cm.-ls shue u.. with YUiaus services. n. to the ~MI' "Just-
carrf' 1Ule. the cable operator ws nqubed to carry all of the local
btwk..t statiaDs repMl'" of c:usu.r interest or aRC.Itaee. In the
SIIlIerDa1'C11DO __ this Mmt that sevua1 cMmels wre '~le for
altematiw prvp' t... As yaa ..., 1cnow. the'...t-cany" rute is lID
lcmpr l~t bf....t.. _ this cMnp in the law way allow. for sc.e
~.. Uity in the future.
..
As yaa.., maw. ~..t is esUbliPi"l . 1festem ReIi"n office in
~ i:aUfomia. Jia Becptte. _lanai Vice PnsWeftt. MIureeD
Whal_. ~""1 Qulsel _ DiI~tor of Ga.... -t IiIlatlans. MUle f81ph.
Geaelal ............. ... Ia1tIera to..... will wrkwith yaa to ensure that
the City is fully..,prisecl of all future planinl.' '
I hope this letter _ its ca.itamts clarify eo--ott's lDteIltioas
c:ancemiDI the cable sysua serriD&theCity of s.n,~J\tiJlD. Shaulci
yaa haw .., further ..-tlans. pleue CCIltact Mike 'I'8IIIph or .., r . "'l'S
of the o---t ...~. pt u..
Ve1Y UUly yours.
~~
IlIlbert B. ctaseD
PresicJelit
-=t-
'-i
",
a:: J. W. 1eqIatW. ~ W Cable
No ~. GIaIt' .CIb1e '
.. - ,_. Q~ . Cllble
B. 1,..a.-a. Or--q
September 12, 1986
Mr. Raymond D. Schweitzer
Deputy City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Dear Ray:
Based on our mutual agreements at the final negotiations session
between the Cit,y of. San. Bernardino and Comeast Cablevision
Corporation of California held at City Hall on September 10th, 1 am
happy to submit the enoiLoaed Resolution- andflemorandum of
Understandinq. These documents fully represent comeast's commitments
to the City. Comcast's General Counsel requested that we leave the
punctuation as is within the NOW THERBrORB clause, therefore, 1 have
not. inserted the parens around the Cable Communioations Policy Act.
If this continues to pose a problem with the City, please let me
know. With this exception, the enclosed documents reflect all other
changes and agreements.
So as not to confuse the issues, 1 have enclosed a separate letter
outlininq Comcast's commitment to provide the City with a vehicle.
As we discussed, 1 hope that tbis matter can be scheduled for the
September 22nd City Council meetinq. Mike Kemph and 1 are available
to answer any of the City's questions and we will both be in
attendance at the Council meeting.
Than~ you for all of your assistance on this matter.
Sincerely,
Maureen T. Whalen
Western Region Counsel
cc: James W. Bequette, Vice President
Michael Kemph, General Manager
Stanley Wang, General Counsel
Barbara Lukens, Public Affairs
Harold Horn, CTIC