HomeMy WebLinkAboutMAY 4,1999_2
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41:0111 CC
CITY COUNCIL PROCEEDINGS ARE AUDIO AND VIDEO TAPE RECORDED AND ON FIL~ IN THE
OFFICE OF THE CITY CLERK
ROLL CALL:
1.
2
2a.
NEW POUCE
FAC. PROJ.
/030. </0
2b.
ClTYS
NCJN..I-lI'RASS
POUCY1RAINING
(JIM-IOU
3.
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
May 18, 1999
The City Council and the Arcadia Redevelopment Agency met in a Regular Meeting on
Tuesday, May 18, 1999, at 5:00 p.m. in the Conference Room of the City Council
Chambers.
PRESENT: Councilmembers Harbicht, Marshall, Roncelli and Chandler
ABSENT: Council member Kovacic (arrived at 5:20 p.m.)
It was MOVED by Mayor Pro tem Harbicht, seconded by Council member Marshall and
CARRIED to EXCUSE the absence of Councilmember Kovacic.
AUDIENCE PARTICIPATION
None.
STUDY SESSION
At the May 4, 1999 meeting the Council directed staff to begin the process for
placement of a bond issue for a new police facility on the November 2 ballot at a
special election. At that time it was determined to encourage formation of a citizen's
committee to support and promote the need for a new police facility and a bond issue
to finance the project. It was determined that Council would select specific persons
from the community to attend a meeting and form a committee. A meeting was
scheduled for June 7, 1999 at 7:00 p.m. at the Community Center to open discussion
of the project. Staff further prepared letters over the signatures of all members of the
Council to be sent to these select citizens, inviting their participation at the June. 7'"
meeting. In addition, staff provided Council with a fact sheet on the existing police
facility; a memorandum from the City Attorney regarding ballot measure guidelines
and limitations of Council and staff participation in this process; and, information from
the League of California Cities regarding the process of bond issues.
Linda Jensen of Liebert, Cassidy and Frierson, conducted an abbreviated training
session for the City Council regarding the City's non-harassment policy, which was
previously presented to the entire City staff, as required. Councii was presented with a
workbook for future reference in connection with the training. Case studies were
discussed of various scenarios constituting forms of harassment, sexual and
otherwise.
CLOSED SESSION
3a. 0110 - '1'0 Pursuant to Government Code Section 54957.6 to confer with City Labor Negotiators
Carol Przybycien and Dan Cassidy regarding AFFA, APOA, APWEA, Management and
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5/18/99
INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL:
4.
SOCCER
TEAMS
5.
6.
ORD. & RES.
READ BY
TITLE ONLY
7.
41:0112
non-represented employees.
At 6:18 p.m. the City Council RECESSED to Ciosed Session and RECONVENED in I
the Council Chambers at 7:00 p.m.
Assistant Pastor, Daniel Chang, Mandarin Baptist Church
Michael Miller, City Attorney
PRESENT: Council members Harbicht, Kovacic, Marshall, Roncelli and Chandler
ABSENT: None
City Attorney Miller announced the subject discussed at the Closed Session heid earlier
this evening.
PRESENTATIONS
Mayor Chandler and Mr. Phill Mashinko, American Youth Soccer Organization,
introduced and presented a proclamation and certificates to "Aftershock", "Explosions"
and "Flames", victorious "All Star" soccer team members.
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
In reference to Agenda item 13a., City Manager Kelly advised that staff recommends
that speakers who are present tonight to express their concern in regard to Arcadia
Transit can do so at the time that the City Council is discussing Agenda item 13a., and I
not at the oral communication section of tonight's agenda.
QUESTIONS FROM CITY COUNCIUREDEVELOPMENT AGENCY REGARDING
AGENDA ITEMS
None.
It was MOVED by Council member Roncelli, seconded by Council member Marshall and
CARRIED that ordinances and resolutions be read by title only and that the reading in
full be WAIVED.
PUBLIC HEARING
7a. () ~ ~ Q -'iV
ALLOCATE The Los Angeles County Community Development Commission has advised that the
CDBG FUNDS City has an additional $54,087 in unallocated Community Development Block Grant
TO HOUSING (CDBG) funds. On AprilS, 1999, the City Council approved the allocation of $15,000 to
REHAB. PROJ. a new CDBG Youth Services program and redistributed funding for the Congregate
FY 1999.2000 Meals Program and the Senior Citizens Social Services Program so that total funding
for public service programs did not exceed 15% of the City's total CDBG allocation. As
a result of this restriction, the City has $54,087 remaining in the City's contingency
funds that must be allocated to a specific program for expenditure during fiscal year
1999-00. This money is from prior years' projects in which the City's entire allocation
was not spent.
The Development Services Department recommended that the additional $54,087 be I
allocated to the housing rehabilitation project, bringing the total funds for Housing
Rehabilitation to $257,358.
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9.
RONCELLI
(Youth Master
Plan)
(Pasadena
Play House)
MARSHALL
(Arcadia Beaut.
Award)
(Police Officers
Appreciation
Ceremony)
(Food for
Thought)
I KOVACIC
(Budget Study
41:0113
In response to a Council question staff stated, in part, that CDBG unallocated funds can
also be used for historic preservation studies and for public works programs. The
seventy percent (70%) of the total grant funds must benefit low and moderate income
families and the remaining funds could be used for other activities.
Staff explained in detail the housing rehabilitation program, stating, in part, that it has
been a very successful program in the community. To date the program has assisted
two hundred (200) families.
Mayor Chandler OPENED the Public Hearing.
It was MOVED by Mayor Pro tem Harbicht, seconded by Councilmember Marshall and
CARRIED to CLOSE the Public Hearing.
It was MOVED by Mayor Pro tem Harbicht, seconded by Councilmember Kovacic and
CARRIED on roll call vote as follows to APPROVE the additional allocation of funds in
the amount of $54,087 to the Housing Rehabilitation Program for a total of $257,358;
and, AUTHORIZED the City Manager to EXECUTE the Memorandums of
Understanding which are submitted to the County at a later date.
AYES:
NOES:
ABSENT:
Councilmembers Harbicht, Kovacic, Marshall, Roncelli and Chandler
None
None
AUDIENCE PARTICIPATION
Sue Cook, President of the Hugo Reid Elementary School PT A, commented on the
achievements, awards and programs which have taken place at Hugo Reid Elementary
School in her "What's Right With Arcadia Kids". She introduced Jacob Sonnenberg,
Student Council President.
MATTERS FROM ELECTED OFFICIALS
Council member Roncelli noted his attendance at a Youth Master Plan Committee
meeting this moming. The meeting was well attended with a lot of constructive input.
Mr. Roncelli believes the City should find ways to coordinate community services and
youth programs to achieve the youth master plan goals.
Mr. Roncelli urged everyone to support the Pasadena Play House by attending the play,
"The Importance of Being Ernest".
Council member Marshall announced the Arcadia Beautiful Award ceremony will take
place Tuesday June 1,1999, at 7:00 p.m.
Ms. Marshall announced that she attended a very emotional and meaningful "Police
Appreciation Ceremony", honoring and remembering law enforcement officers who lost
their lives in the line of duty. Officer Mathews from the Arcadia Police Department was
the only officer who lost his life in the line of duty In 1927.
Councilmember Marshall shared a "food for thought" which related to parenthood and
ended with the phrase, "If God has trouble handling his children what makes you think it
should be a piece of cake for you?"
Council member Kovacic reminded everyone that the City Operating Budget for FY
1999-2001, and the 1999-2004 Capital Improvement and Acquisition Program, study
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5/18/99
Session)
(High School
Students)
HARBICHT
(Water Dept.)
CHANDLER
(Bicycle Safety
Check)
(Bus. Watch
Bulletin)
10.
ROLL CALL
10a.
MINUTES
(May 4,1999)
(APPROVED)
41:0114
session will be held tomorrow May 19, at 4:00 p.m. in the Council Chambers
Conference Room and urged everyone to attend to this important meeting.
Mr. Kovacic expressed appreciation to the high school students for their attendance at
the City Council meetings.
On behalf of the City Council, Mayor Pro tem Harbicht thanked the Water Department
employees for their hard work on a water main break three weeks ago.
Mayor Chandler announced that on Saturday May 22, the Southern California Auto Club
and Arcadia Police Department will host a "Bicycle Safety Check", on the front lawn of
the Police Department.
Mayor Chandler announced that the Arcadia Police Department and the PACE 2000
Crime Prevention Unit is sponsoring a "Neighborhood Watch Program" for
homeowners and businesses. The Business Watch Bulletin is available to the public.
by contacting Arcadia Police Department or PACE 2000 Crime Prevention Unit.
THE CITY COUNCIL RECESSED TO ACT AS
THE ARCADIA REDEVELOPMENT AGENCY
PRESENT: Agency Members Harbicht, Kovacic, Marshall, Roncelli and Chandler
ABSENT: None
It was MOVED by Agency Member Kovacic, seconded by Agency Member Marshall
and CARRIED to APPROVE the May 4, 1999 Minutes of the Arcadia Redevelopment
Agency Regular Meeting.
ADJOURNMENT The meeting of the Arcadia Redevelopment Agency ADJOURNED to May 19, 1999 at
4:00 p.m.
11.
THE CITY COUNCIL RECONVENED
CITY CLERK
11a. OIJ.() ,/7
OATH OF The City Clerk administered the Oath of Office to Phillip Sexton and Wesley Lind,
OFFICE incoming board members of the Building and Fire Code Appeals Board. Mayor
(Sexton and Chandler welcomed Board Members Sexton and Lind to the City Family.
Lind - Building
and Fire Code
Appeals Bd.)
11b.
SR. CITIZEN'S
COMMISSION
APPTMNT'S
(Cont'd 6-15-99)
12.
Council member Marshall requested that the appointment of a Senior Citizen's
Commission member be postponed to June 15, 1999.
CONSENT ITEMS
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In reference to item 12h. the City Manager stated, in part, that during the School Board
discussion of the funding for the athletic fields lighting program, the Board initially made I
a motion to put field lighting at Foothills Middle School. Subsequent to that, the School
Board rescinded their decision.
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12a.
MINUTES APPROVED the Minutes of the May 4, 1999 Regular Meeting.
(May 4, 1999)
12b 07S"<;J. ~o
ACCEPT"'O ,63 ACCEPTED all work performed by A & B Electric as complete for the installation of the
WORK Motor Control Center Improvements at the Baldwin Booster Station; and,
(Install. Motor AUTHORIZED the final payment to be made in accordance with the contract
Ctr'l. Imprvm't - documents subject to a retention of $4,794.60 as set forth in the contract.
Baldwin Booster
Sta.)
12c. ()9.J.o.. ['0
RESOLUTION ADOPTED Resolution No. 6108 entitled: "A RESOLUTION OF THE CITY COUNCIL
NO. 6108 OF THE CITY OF ARCADIA, CALIFORNIA, CERTIFYING THAT THE LIVE OAK
(1998 STIP - AVENUEIEL MONTE AVENUE AND CANYON ROAD REHABILITATION PROJECTS
Live Oak 1 MEET THE DEFINITION AS ELIGIBLE FOR 1998 STATE TRANSPORTATION
EI Monte Ave. IMPROVEMENT PROGRAM (STIP) AUGMENTATION STORM DAMAGE FUNDING";
& Canyon Rd. and, APPROVED the expenditure of $323,000 in earmarked STIP Storm Damage
Rehab.) Augmentation funds received from the State to the above mentioned projects to be
completed during FY 1999-2000.
12d. o 730-QO
ACCEPT ACCEPTED all work performed by D & J Foothill Electric Contractors, Inc. as complete
WORK for electrical improvements at the Police Station Back-up 9-1-1 dispatch center and Fire
(Electrical Station No.3; and, AUTHORIZED the final payment to be made in accordance with
Imprvm't - the contract documents subject to a retention of $5,702.70 as set forth in the contract .
9-1-1 Dispatch
Ctr. & Fire Dept.)
12e. 07ru-.;lO
AWARD AWARDED a contract in the amount of $349,300.00 to Tennyson Pipeline Company for
CONTRACT construction improvement to the booster pumps and Motor Control Center at the Santa
(Canst. Imprvm't. Anita Plant; and, WAIVE any informalities In the bid and bidding processes; and,
Santa Anita Plant AUTHORIZED the City Manager and the City Clerk to EXCECUTE a contract in a form
Booster Pumps approved by the City Attorney.
& Motor Control)
12f. () r.{ ! I) - t'.P
RESOLUTION ADOPTED Resolution No. 6109 entitled: "A RESOLUTION OF THE CITY COU.NCIL
NO. 6109 OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING THE CITY OF ARCADIA
(Release Funds TO RELEASE FUNDS FROM THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK
from JAIBG) GRANT (JAIBG) PROGRAM TO THE LOS ANGELES COUNTY DISTRICT
ATTORNEY'S OFFICE.
\ '<j
12g. (''f._~,;-
AWARD
CONTRACT
(Reh. EI Monte -
Longley Way to
Camino Real
Job No.
1998-99-3)
AWARDED a contract in the amount of $173,552.80 to E. C. Construction Company for
the rehabilitation of EI Monte Avenue from Longley Way to Camino Real Avenue - Job
No. 1998-99-3; WAIVE all informalities in the bid and bidding process; and
AUTHORIZED the City Manager and City Clerk to EXCECUTE a contract in a form
approved by the City Attorney.
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41:0116
12h. C 1 <!O-cb-
RESOLUTION ADOPTED Resolution No. 6110 entitled: -A RESOLUTION OF THE CITY COUNCIL
NO.6110 OF THE CITY OF ARCADIA, LOS ANGELES COUNTY, CALIFORNIA, APPROVING
(AUSD Athletic THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES
Fields) REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY
GRANT PROGRAM FOR IMPROVEMENT OF THREE (3) SCHOOL DISTRICT
ATHLETIC FIELDS"; and, AUTHORIZE the Director of Recreation to file the
proposiiion A application for $242,438 to the County of Los Angeles Regional Park and
Open Space District.
THE PRECEDING CONSENT ITEMS 12a, b, c, d, e, f, g and h APPROVED ON
MOTION BY COUNCILMEMBER KOVACIC, SECONDED BY COUNCILMEMBER
MARSHALL AND CARRIED ON ROLL CALL VOTE AS FOLLOWS:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Harbicht, Kovacic, Marshall, Roncelli and Chandler
None
Councilmember Roncelli (Consent Item 12a, May 4,1999 minutes)
None .
13.
CITY MANAGER
13a.0030.$0
PROF. SVCS. Since the beginning of the City's dial-a-ride (Arcadia Transit) system 24 years ago, the
AGREEMENT City has maintained a contractual relationship with one agency, San Gabriel Transit,
(Arcadia Transit Inc. For the past several years significant changes in the public transit industry have
System - occurred. Most significantly, however, is a recent change in federal guidelines by the
7-1-99 thru Federal Transit Administration (FTA) stipulating that agencies receiving federal
(~;~i~~0~ED assistance are required to formally bid all public transit contracts at intervals no greater
TO 6-1-99) than five (5) years.
The City receives federal capital assistance on an annual basis. As a result of Federal
Transit Administration (FT A) regulations the Development Services Department
solicited proposals from five (5) local and national contract public transit providers.
Based on preliminary evaluations and interviews with each firm, staff and the
evaluation panel, which was comprised of a staff member and representatives from the
MT A and the City of Glendale, selected R & D Transportation Services LLC, as the firm
most qualified to operate the Arcadia Transit System.
Considerable discussion ensued on the benefits of contracting with R ,& D
Transportation Services including cost, contract terms and operating hours.
Mayor Chandler announced that Council would allow time for persons in the audience to
address the City Council on the Arcadia Transit issue. Mayor Chandler acknowledged
receipt of a letter from the Law Offices of Michael B. Montgomery, representing San
Gabriel Transit, whiCh stated that San Gabriel Transit is, in fact, the low bidder.
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Scott Schaffer, San Gabriel Transit, stated, in part, that San Gabriel Transit is the
lowest bidder for this contract. Mr. Schaffer noted that there are some issues which will
affect the cost; allocation of cost; reservations; the clerks and dispatchers. He felt there
was a clear disparity in the panel's evaluation and ranking of the proposal submitted by
San Gabriel Transit. The point system, in particular was questionable. He believes the
other contractors cannot provide the highest level of seNice with $30,000-40,000
annually less than that which San Gabriel Transit is proposing. Mr. Schaffer suggested
that all the bids be rejected. Further, that staff review all the proposed bids once again I
and decide what is reasonable and fair. He noted that San Gabriel Transit is a demand
response operator and is the largest provider of ADA services in Los Angeles County,
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5/18/99
41:0117
providing over 140,000 trips for 24 years.
I
Dave Dalev, past owner and General Manager, R & D Transportation Services, stated,
in part, that one of the reasons City staff is recommending his firm is because their
proposal was not prepared by consultants. The Managers and R & D staff went over
the proposal and are prepared to perform the highest level of service. He felt this is
one of the reasons that R & D Transportation Inc. scored well, they interviewed well,
they wrote the proposal, they know what is in it and they are prepared to keep those
promises, according to Mr. Daley.
Mr. Daley, responding to a question from Council stated, in part, {hat R & D
Transportation Service has been an operations company since September 1997. They
have operated a system similar to Arcadia Transit since that time.
Duke Perrin, Partner, San Gabriel Transit, explained in detail the operations of San
Gabriel Transit which is one of four comparative systems in Southern California
providing a pure "demand response" operation as well as general public, disabled,
elderly, advance notice and subscription trips. Mr. Perrin noted staff recommended a
company with less service experience over a proven company with 24 years of
experience operating a very difficult "on demand" service. He sees many
inconsistencies in the R & D proposal. He suggested that City Council re-start the
bidding process and change the way the RFP was written.
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Dick Dootson, 53 Woodland Lane, Bradbury, urged the City Council to re-bid the
transportation contract and give Dootson Transit Services the opportunity to review the
R & D Transportation Services proposal. Mr. Dootson believes his company can save
the City some money.
Michael MontQomerv, EI Monte Attorney, stated, in part, that a transportation contract
must be awarded to the lowest responsible bidder in the same manner as any other
public works contract. He noted that San Gabriel Transit did agree to move its
dispatch to Arcadia, it would be more expensive than the current dispatch but if that is
what the City wants they are willing to do that. He requested that Council either re-new
the contract with San Gabriel Transit as the lowest responsive bidder, and the only
company that bid strictly the RFP elements, or in the alternative, reject all bids and re-
bid the contract.
Staff explained in detail the evaluation process, ranking, contract standards and cost
factors, stating, in part, that currently R & D Transportation Services is the only service
provider offering advanced technology automated dispatching to its clients and employs
some of the most qualified management personnel in the pubiic transit industry.
In response to Councils question in regard to fuel cost staff stated, in part, that R & D
Transportation Services has an on-site fuel tank so they do not have to pay retail price.
In part, staff further reported the difference in cost between R & D and the San Gabriel
Transit bid was $115,000 over five years. Councilmember Roncelli noted with the
difference in fuel, if the calculations happen to be incorrect is $100,000 right there.
Council member Kovacic thanked staff for their analysis. He felt it might be a better
opportunity for the City to capture a more beneficial deal, if the City Council decided to
re-start the bidding process for the Arcadia transportation service.
I
Councilmember Marshall agreed with Mr. Kovacic's comment, stating, in part, that there
is a great area of confusion on the bidding and results of the process. She felt that San
Gabriel Transit deserves better consideration after serving the City for 24 years. She
also stated she has not heard any complaints about the City's dial-a-ride system.
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5/18/99
13b.
GLENDALE,
PASADENA &
BURBANK
DISPATCH
SERVICES
(Verdugo Cities)
(APPROVED)
Ot{V,) ~ -!t)
I()fl.' .~/O
41:0118
Mayor Pro tem Harbicht commented that Arcadia has had one of the best dial-a-ride
services for 24 years, but part of that is because the City spends a lot of money on it. I
By looking at both R & D and San Gabriel Transit proposals the cost is essentially the
same yet examination of all other aspects of the proposal end up with a 20 percent
difference in the score. That is a very substantial difference which has to be based on
real factors that were considered. Mr. Harbicht is in favor of awarding the contract to R
& D Transportation Services based on the best available evidence of the facts.
Council member Roncelli commented that he believes in experience and history. San
Gabriel Transit has been with the City for 24 years and has been a loyal vendor during
difficult financial times. Mr. Roncelli is in favor of re-bidding the contract.
Mayor Chandler noted that he is in favor of awarding the Professional Service Contract
to R & D Transportation Services.
It was MOVED by Council member Marshall, seconded by Council member Kovacic to
reject all the bids and start the bidding process over (MOTION WITHDRAWN).
City Manager Kelly stated, in part, that this is a Professional Services Agreement. If
this motion moves, the City Council is not asking for a bid but suggesting that,the staff
re-distribute a request for proposal. We have different companies, different
approaches, different costs and formulas. The City is asking for a level of service and
we need to be aware of how they will provide that service but we cannot micro-manage
and run their business for them.
City Attomey Miller recommended a language change to reject all the proposals and go
out for new proposals.
Considerable discussion ensued.
City Manager Kelly suggested that Council postpone the bidding process and request
staff to prepare a report comparing San Gabriel Transit and R & D Transportation
Service for Council information and consideration.
It was MOVED by Council member Marshall, seconded by Councilmember Kovacic and
CARRIED on roll call vote as follows to DIRECT staff to prepare a matrix comparing the
various components of the bids form both San Gabriel Transit and R & D Transportation
Service for Council consideration at the June 1, 1999 meeting.
AYES:
NOES:
ABSENT:
Councilmembers Kovacic, Marshall, Roncelli and Chandler
Councilmember Harbicht
None
The Fire Department currently provides police, fire and emergency medical dispatching
services for Arcadia, and, fire dispatching services for the City of Monrovia. To
enhance existing dispatch services by improved technology and more cost efficient
systems, staff proposed the Fire Department contract for dispatch services from the
Verdugo Fire Communications Center in Glendale. The Center is equipped with a
state-of-the-art computer aided dispatch system and professional dispatchers who
handled about 38,000 calls last year.
Once the transition to Verdugo is completed, 9-1-1 emergency calls will continue to be
answered by Arcadia dispatchers. A police dispatcher will answer the call, speed
forward to Verdugo if it is a fire or medical call. Verdugo will then dispatch the
appropriate units. All of the existing Arcadia dispatchers will be offered the opportunity
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to continue dispatching for the City.
The May 18, 1999 staff report described in detail the fiscal impact, the annual contract
cost and capital expenditures that are required to complete the Verdugo transaction.
It was MOVED by Councilmember Roncelli, seconded by Councilmember Marshall to
AUTHORIZE the City Manager to enter into a contract with the cities of Glendale,
Pasadena and Burbank (Verdugo Cities) in the amount of $144,135.00 for fire dispatch
services and APPROPRIATE $128,769.00 from the Equipment Replacement Fund for
capital expenditures; subject to review and approval of the City Attorney.
AYES:
NOES:
ABSENT:
Council members Harbicht, Kovacic, Marshall, Roncelli and Chandler
None
None
13c. GlaIO..<"
STATUS City Manager Kelly presented an update on the status of the cable television franchise
REPORT given recent requests by TCIIA TT to transfer control to two new entities.
(City of Arcadia's
Cable Television
Franchise)
(RECEIVE &
FILE)
On December 10, 1997, Century and TCI Communications, Inc. (TCI) signed a letter of
intent to establish a strategic partnership. TCI and Century will contribute to the
Partnership all the assets related to the businesses of certain cable television systems.
Century and TCI have agreed to exchange cable systems owned by Century in certain
communities in Northern California for certain cable systems owned by TCI in Southern
California, allowing each of them to unify operations in existing service areas.
Concurrenlly with this exchange, Century has entered into an agreement whereby it will
be acquired by Adelphia Communications Corporation. Adelphia has formed Adelphia
Acquisition Subsidiary, Inc. to merge with Century, and Adelphia will own the subsidiary.
Century stockholders will receive cash and stock in Adelphia for their stock in Century.
Century states in Form 394 that "the current franchisee... will continue to own and
operate the system..." Also there are no current plans to change any1hing relating to the
Arcadia system. Therefore, this transaction should have no immediate impact upon
Arcadia.
Under the City's cable television franchise, Section 11 - "Assignment or Transfer or
sale of Franchise", states:
a) There shall be no assignment of a Franchise, in whole or in part, or change in
Control without the prior express written approval of the City. For purposes of
this section assignment shall mean "change of control or composition of
authority" or "change of controlling interest."
Any transfer of change in Control without such prior written consent in Arcadia shall
constitute default of the Franchise which will cause the Franchise to terminate.
John Risk, Communications Support Group, highlighted the information related to the
merger. Mr. Risk also stated, in part, that with the new transaction there will be a
complete name change, from Cablevision to Century Cable and to Adelphia later on.
The 1992 Cable Act and the associated FCC rules provide a municipality with 120 days
to act on an application for consent to a transfer, otherwise the transfer is automatically
deemed approved. The 120-day deadline for CenturylTCI runs to June 15, 1999, and
for CenturylAdelphia to August 26, 1999.
In response to Council Mr. Risk stated, in part, so far TCI and Century have been non-
responsive to the City's repeated requests for information. The City's approval of the
change of control from TCI to A TT was conditioned on the successful compliance with
9
5/18/99
14.
14a.
ORDINANCE
NO. 2103
(Adult
Businesses)
(ADOPTED)
()~FO- 6\-
41:0120
the system design and capacity; construction schedules; high speed internet access;
standby powering; emergency override and an estimate of uncollected franchise fees. I
In the case that TCllCentury continues to delay information requested by the City
Manager and the City's consultant or if the parties cannot mutually agree to an
extension of time prior to June 15, 1999, the City Council at the June 1, 1999 meeting
will authorize the City Manager to deny without prejudice, approval of the transfer.
It was MOVED by Council member Kovacic, seconded by Councilmember Roncelli to
RECEIVE and FILE the report regarding an update on the City of Arcadia's Cable
Television Franchise; and, DIRECT staff to prepare a resolution for presentation to the
Council at the June 1, 1999 meeting.
AYES:
NOES:
ABSENT:
Councilmembers Harbicht, Kovacic, Marshall, Roncelli and Chandler
None
None
CITY ATTORNEY
The City Attorney presented for ADOPTION and read the title of ORDINANCE NO.
2103: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE PERTAINING TO
ZONING OF ADULT BUSINESSES, PROVIDING FOR REGULATORY PERMITS OF
ADULT BUSINESSES, PROVIDING FOR LICENSES FOR PERFORMERS AT ADULT
BUSINESSES, AND AMENDING SECTIONS INCONSISTENT HEREWiTH."
03;;J -I",.) It was MOVED by Mayor Pro tem Harbicht, seconded by Council member Kovacic and
CARRIED on roll call vote as follows that ORDINANCE NO. 2103 be and is hereby I
ADOPTED.
ADJOURNMENT
(In Memory of
Manuel Schwartz)
ADJOURNMENT
(In Memory of
Mary Pounds)
AYES:
NOES:
ABSENT:
Councilmembers Harbicht, Kovacic, Marshall, Roncelli and Chandler
None
None
Council member Harbicht adjourned the meeting, "in memory of Manuel Schwartz. He
was born on September 16, 1929. Following military service he came to work for the
City of Arcadia as a maintenance worker in 1980 and retired from the City in 1993.
During his retirement he enjoyed gardening and his love for the outdoors. Passed away
on May 1 st. He is survived by his wife and two children." .
Councilmember Harbicht adjourned the meeting, "in memory of Mary Pounds. Mary
was a long-time Arcadian, very, very active in the community. She was active in the
PTA at all levels, I believe she was president of the Dana PTA, also active in Jobs
Daughters. I knew Mary Pounds well, she was the Welfare Director for the Arcadia
Welfare and Thrift, and I sat on the Board of Directors of that organization for three
years up until a couple of years ago. Not only did I know her but most of the less
fortunate members of our community knew Mary well. She had an ongoing
comrnitment to helping these people and performing a very valuable service in Arcadia
Welfare and Thrift. Mary is survived by two daughters and a son. One of her
daughters is Kathy Meacham who is our Children's Librarian. Our condolences go out
to Kathy. Services for Mary are going to be at Turner & Stevens, C. Lewis Edwards
Funeral Home, 825 East Orange Grove Boulevard in Pasadena, tomorrow May 19,
1999 at 1:00 p.m."
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ADJOURNMEONT
(May 19, 1999)
ATTEST:
41:0121
At 10:23 p.m. the City Council Regular Meeting ADJOURNED to May 19,1999 at 4:00
p.m., in the Conference Room of the Council Chambers for a Regular Meeting to
conduct the business of the City Council and Redevelopment Agency and any Closed
Session necessary to discuss personnel, litigation matters or evaluation of properties.
J'''''.-J
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