HomeMy WebLinkAboutJune 6, 1995,..~.
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Arcadia City Council
and
Redevelopment Agency
Meeting
June 6, 1995
Regular Meeting: 6:00 p.m.
1. CL05E0 SESSION
a. City Council - Pursuant to Government Code Section 54975.6 for conference
with labor negotiators Dan Cassidy and/or Gary Rogers regarding the Arcadia
Firefighter's Association, the Arcadia Police Relief Association, AFSCME,
Teamsters Local 911 and Management Employees.
b, Redevelopment Agency - Pursuant to Government Code Section
54956.8 to confer with reai property negotiator regarding price and terms of
payment for property located at 440 E. Huntington Drive. Negotiations are
with Bend Properties.
Closed Sessions ended at 7:00 p.m.
INVOCATION Rev. Gary K. Clark, Christian Center of Arcadia ACTION
PLEDGE OF ALLEGIANCE Councilmember Robert "sob" Margett
ROLL CALL: Council Members Chang, Kuhn, Margett aii pr0sent
Young and Lojeski
2. PRESENTATIONS
a. Mayor's presentation to Bill Wyman (His daughter, Kathy Kurtz, will
ahcept presentation for him).
b. Mayor's presentation to Arcadia High School Chanteurs.
3. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS -
REPORTSIANNOUNCEMENTSISTATEMENTS ~aintenangerServicescDirectoick Malloy,
4. QUESTIONS FROM CITY COUNCIUREDEVELOPMENT AGENCY REGARDtNG
CLARIFICATION OF AGENDA ITEMS None
MOTION: Read all Ordinances and Resolutions by title only and waive reading in full. naopcea 5-0
5. PUBLIC HEARING
a. Consideration of rates for basic only cable television services and Closed Public xr~
associated equipment charges related to TCI/Cablevision of Arcadia/ No Council actioc
Sierra Madre. req°irea
-1- AGENDA 616195
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6. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS Jim Dunbar, Exec.
THE CITY COUNCIL (NON-PUBLIC HEARING) -(FIVE MINUTE TIME LIMIT Director of the
PER PERSON) Arcadia Red Cros:
7. MATTERS FROM ELECTED OFFICIALS
City Council Reports/Announcements/Statements/Future Agenda Items
RECESS CITY COUNCIL
8. MEETING OF THE ARCADIA REDEVELOPMENT AGENCY ACTION
ROLL CALL: Agency Members Chang, Kuhn, Margett,
Young and Lojeski
a. Minutes of the May 16, 1995 regular meeting.
ADJOURN to June 14, 1995 @ 5:30 p.m.
All present
n~.,r ~a,~ ~_n Witt
1 abstention
RECONVENE CITY COUNCIL
9. CONSENT ITEMS
a. Minutes of the May 16, 1995 regular meeting.
ACTION
Annroved 4-0 witt
1 abstention
b. Report and recommendation for award of contract to PAMCO/Stewart Contr~act awarded
and Stevenson in the amount of $151,496.96 for the replacement of
existing natural gas engine at St. Joseph Plant "C" Booster.
c. Report and recommendation to award contracts for environmental Contracts awardec
testing and air monitoring servies for~~i I~ rary Expansion/Renovation 5-0
Project to: Universal Testing Co. ($~and C.T.L. Environmental
($8,910). and United Testfng_Co:_-~$14~851):
d. Report and recommendation to renew the contract with the Pasadena Avnroved 5-0
Humane Society for Animal Control Services.
e. Report and recommendation to authorize Los Angeles County to Annroved 5-(1
construct the Sierra Arcadia Storm Drain as a part of the Orange Grove
Avenue Improvement Project - Job No. 565.
f. Report and recommendation to award a contract to Ranco Corporation Approved 5-0
in the amount of $45,600 for the reconstruction of deficient concrete
sidewalk and installation of root barrier at various locations throughout
the City - Job No. 584.
-2- AGENDA 6l6195
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CONSENT ITEMS (continued) ACTION
g. Report and recommendation to ratify Workers' Compensation Ratified 5-0
Settlement - Marie Yvonne Rueter.
h. Report and recommendation to accept a grant in the amount of Accept Qrant ro
$4,000 from the H. N. andFrances C. Berger Foundation to suppo~t Suoa camperships
the Arcadia Community Coordinating Council's Campership Program.
i. Report and recommendation for renewal of agreement with Liebert, a~; r~~aa s-p
Cassidy and Frierson for labor relations.
j. Report and recommendation to adopt Resolution No. 5850 approving Adopted 5-0
the application for Proposition "A" funds from the County of Los
Angeles to renovate and upgrade city parks to include Americans With
Disabilities Act (ADA) compliance.
Resolution No. 5850 - A Resolution of the City Council of
the City of Arcadia, Los Angeles County, California; approving
the application for grant funds from the County of Los Angeles
Regional Park and Open Space District per Parcel Discretionary
Grant Program to renovate and upgrade city parks to include
Americans With Disabilities Act (ADA) compliance.
k. Report and recommendation to approve Resolution No. 5851 authorizing naoycea s-n
the City of Arcadia to acquire Federal surplus property from the California
State Agency for Surplus property.
Resolution No. 5851 - A Resolution of the City of Arcadia,
California authorizing the City of Arcadia to acquire surplus
property from the California State Agency for Surplus Property.
I. Report and recommendation to adopt Resolution No. 5852 amending Adopted s-n
various sections of Resolution No. 5677 to include exemptions for
permit fee and inspection charges and establishing overtime inspection
charges.
Resolution No. 5852 - A Resolution of the City of Arcadia,
California amending various sections of Resolution No. 5677
to include exemptions for permit fee and inspection charges
for governmental agencies or public entities deriving income
through public taxation and establishing overtime inspection
charges for inspections or work in public right-of-way during
non-regularly scheduled work hours.
-3- AGENDA 616/95
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CONSENT ITEMS (continued)
ACTION
m. Report and recommendation to approve Resolution No. 5853 appointing Adopted 5-0
a delegate and alternate to the Governing Board of the Independent Appt.Mayor Prore;
Cities Risk Management Authority. xuhn & J. Dale
Resolution No. 5853 - A Resolution of the City of Arcadia,
California appointing specific representatives to the Independent
Cities Risk Management Authority.
n. Report and recommendation to adopt Resolution No. 5854 amending naoncea 5-0
the Personnel Rules and Regulations permitting open-continuous
recruitments for sworn and pre-sworn Police and Fire positions.
Resolution No. 5854 - A Resolution of the City of Arcadia,
California amending the Personnel Rules and Regulations
permitting open-continuous recruitments for sworn and pre-
sworn Police and Fire positions.
o. Report and recommendation to adopt Resolution No. 5855 designating Adopted 5-0
a portion of Santa Anita Avenue as a County highway for a traffic
signal synchronization project with the County of Los Angeles.
Resolution No. 5855 - A Resolution of the City Council of
the City of Arcadia, California consenting to the establishment
of a portion of Santa Anita Avenue within said city as a part of
the system of highways of the County of Los Angeles.
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p. Report and recommendation to add the law firm of Pollack, Vida Auproved 5-0
and Fisher to the City defense lawyer panel.
CITY MANAGER
a. Report and discussion of Capital Improvement Program and Equipment Staff report and
Program (FY 1995-2000), aiscussion
CITY ATTORNEY
a. Ordinance No. 2039 - Introduction - An Ordinance of the City Council Introduced 5-0
of the City of Arcadia, California amending the Arcadia Municipal Code
by adding Division 7 to Part 5, Chapter 2, of Article IX to establish
provisions to grant a density bonus for R-2 and R-3 multiple family
project that provide housing for lower-income households, very low-
income househalds or senior citizens.
ADJOURN t0 June 14, 1995 @ 5:30 p.m. Meeting adjourned at 8:33 p.m. in memory of
Clarence Fawcett and Frank Travisano
-4- AGENDA 6/6/95
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- STAFF REPORT
June 6, 1995 ADMINISTRATIVE SERVICES DEPARTMENT
'TO: - Mayor and City Council
FROM: Eldon G. Davidson, Acting City Engineer/Water Manager
James S. Dale, Administrative Services Director
Prepared by: Kaye A. Fuentes, Purchasing Officer , /
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RE: Recommendation for award of a contract for the replacement of the existing
natural gas engine at St..Joseph Plant"C" booster for the Water Division.
SUMMARY:
It is recommended that the City Council award a contract for the replacement of the existing natural
gas engine at the St. Joseph Plant"C" booster to PAMCO/Stewart and Stevenson in the amount of
$151,496.96. Funds for the replacement natural gas engine were budgeted in the Capital
Improvement Program using Water Facility Replacement Funds.
DISCUSSION .
The existing natural gas engine located at the St. Joseph Plant (see location map, Exhibit"A")was
installed in 1964 and has deteriorated to the point that rebuilding cannot be economically justified.
In the event of an electrical blackout, this engine provides backup power for"C" booster. This "C"
booster is needed to pump water from the St..Joseph Reservoirs to the Orange Grove Reservoirs
which services nearly one-half of the City. The "C" booster is the only means the City has of
maintaining a reliable water supply during a power outage. .
Bid 9495-15 was mailed to three vendors and was published in the Star News on May 4,1995. Due
to the highly technical nature of this project, the number of vendors who could perform the
replacement of this engine is very limited. Only one bid was received which was publicly opened on
May 17, 1995. The bid received was from PAMCO/Stewart&Stevenson in the amount of
$151,496.96. .
FUNDING . .
Funds in the amount of$155,000 were budgeted in FY1994-95 in the Capital Improvement
Program from the Water Facility Replacement Fund. •
RECOMMENDATION
It is recommended that the City Council award a contract to replace the natural gas engine at the St.
Joseph Plant in the amount of$151,496.96 to PAMCO/Stewart&Stevenson and authorize the City
Manager to execute'said
l�contract in a form approved by the City Attorney.
Approved by: V� \J�- L r. . . .
William R. Kelly, City Manager - -
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\RA/° STAFF REPORT
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ADMINISTRATIVE SERVICES DEPARTMENT
June 6, 1995
TO: Mayor and Members of the City Council
FROM: Jim Dale, Director of Administrative Services
Prepared By: Tamara S. Gates, Administrative Aide;;
RE: RECOMMENDATION TO HOLD A PUBLIC HEARING REGARDING
TCl/CABLEVISION'S RATES AND CHARGES FOR THE BASIC TIER
AND ASSOCIATED EQUIPMENT
Summary
The Cable Television Consumer Protection and Competition Act of 1992 (the Cable Act) provides
local governments with the ability to regulate "basic only" cable television rates. The Cable Act
requires that cable television companies provide a justification of their rates to local governments
on Forms 393, 1200, 1205, 1210 and 1215. These forms have been analyzed by the City's cable
television technical consultant, Communications Support Group (CSG), and were found to be in
compliance with the Cable Act. The Cable Act requires that the City hold a public hearing to
receive public comments on the rates (attached) for "basic only" cable television service and
associated equipment charges. It is recommended that the City Council hold a public hearing to
receive comments from the public on these rates.
Discussion
The Cable Act of 1992 provides local governments with the ability to regulate "basic only" cable
television service. "Basic Only" service stands for ABC, CBS, NBC, FOX, KTLA, KCAL,
KCET, KCOP, the public access channel (Channel 20) and other minor stations. In addition,
cities also have the ability to regulate the rental of equipment from the cable company.
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In April 1994, the City Council adopted Resolution 5754 (attached) that authorized the regulation
of "basic only" cable rates that is consistent with the Federal Communications Commission (FCC)
regulations. In order for the City to regulate "basic only" cable rates, the FCC requires that cable
operators submit Form 393 to the City. The purpose of Form 393 is to apply a benchmark to the
cable operators basic service rates and to determine the reasonableness of these rates from
September 1, 1993 through July 14, 1994.
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LASER
IMAGED
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Cable,Television.- Rate Hearing
June 6, 1995 .
Page 2
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In addition, the FCC created Forms 1200, 1205, 1210 and 1215. The Form 1200 is used to
calculate rates under the new benchmark regulations. The Form 1205 was designed to determine
the costs associated with regulated equipment and installation for basic service. The purpose of
this form is to unbundle these charges from the program service rates.
The FCC designated the Form 1210 as the form for operators to file proposed quarterly increases .
to their maximum permitted rates. These adjustments are for the addition or deletion of regulated
channels, inflation and increases or decreases in external costs. Further, the Form 1215 was
designed to collect information about "a la carte" channels.
In August 16, 1994 the City received TCI/Cablevision's Forms 1200, 1205, 1210 and 1215
justifying the rates which took effect on July 15, 1994. On August 17, 1994 the City notified
TCI/Cablevision that the review period for these forms was being extended for an additional 90
days. Following a detailed review by CSG, on November 1, 1994 the cable company was advised
of the need for further clarification. Due to the need to review additional information from TCI,
the City issued an accounting order which extended the review period indefinitely. On May 9,
1995 TCI/Cablevision submitted the additional items to the City. Upon further review by CSG,
it was determined that discrepancies did not exist in TCI/Cablevision's calculations of these rates. .
per the FCC regulations.
The FCC Rules and Regulations Section II (B)(c) and the City of Arcadia's Resolution 5754
require that the City hold a public hearing to receive public comment on the rates for "basic only"
cable television rates and associated equipment charges. The City has the authority to approve,
deny or not to take any :action on these rates. However, if discrepancies were found in the
calculation of these rates, the City has the ability to issue refunds until July 15, 1996. Due to the
fact that the analysis of these rates did not show any discrepancies in,.TCI/Cablevision's
calculations, staff recommends that the City Council hold a public hearing to receive comments
from the public on the reasonableness of these rates and not to take any other action. Thus,
holding the hearing would put the City in compliance with the FCC and Resolution 5754.
Fiscal Impact
There will not be any fiscal impact to the City'as a result of this action.
Cable Television - Rate Hearing
June 6, 1995
Page 3
Recommendation
It is recommended that the City Council hold a public hearing regarding the "basic only" cable
television rates and associated equipment charges of TCI/Cablevision of Arcadia/Sierra Madre.
Il JI/l
Approved By: I
William R. Kelly, City Manager
Attachments
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Attachment 1
TCI/Cablevision of Arcadia/Sierra Madre Rates
Forms 1200 submitted by TCI/Cablevision August 16, 1994
Previous Rate New Rate Difference
Basic Service $ 9.88 $ 10.56 $ 0.68
Standard Cable Box Rental $ 0.64 $ 0.29 ($ 0.35)
Addressable Cable Box Rental $ 1.16 $ .42 ($ 0.74)
Remote Control Rental $ 0.08 $ 0.03 ($ 0.05)
New Installation $46.85 $ 46.10 ($ 0.75)
Reconnection $23.42 $ 23.05 ($ 0.37)
Additional Outlet
At Time of Install $15.62 $ 15.37 ($ 0.25)
Separate Trip $23.42 $ 23.05 ($ 0.37)
Moving Outlet $23.42 $ 23.05 ($ 0.37)
Adding Service
Processing Fee $ 2.00 $ 2.00
Separate Trip $15.62 $ 15.37 ($ 0.25),
RESOLUTION NO. =5754
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, AUTHORIZING THE CITY OF
ARCADIA TO REGULATE ,FIRST TIER "BASIC ONLY" CABLE
TELEVISION RATES PURSUANT TO THE CABLE TELEVISION
CONSUMER PROTECTION AND COMPETITION ACT OF 1992 .
WHEREAS, The Cable Television Consumer Protection and
Competition Act (Cable Act) was adopted by Congress in 1992;
WHEREAS, the Cable Act, in relevant part, provides for
franchising authorities to regulate the first tier or "Basic Only"
service rates and associated equipment rentals -in accordance with
the Basic Service Rate regulations prescribed by the Federal
Communications Commission (FCC). upon certification by the FCC;
WHEREAS, 'a franchising authority seeking jurisdiction to
regulate Basic Only Service Rates, as defined in the Cable Act,
must obtain authorization from the FCC to so regulate;
WHEREAS, the City of Arcadia, as the franchising authority,
has filed with the FCC its intent to regulate Basic. Only Service
rates;
WHEREAS, the City Council will encourage public participation
into the rate setting process consistent with the Cable Act; and
WHEREAS, the Council must affirm its interest in regulating
Basic Only Service rates through the adoption of this Resolution;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS :
SECTION 1. The City of Arcadia has the legal authority to
regulate Basic Only Service rates consistent with the Cable Act;
SECTION 2 . The cable operator in the City of Arcadia is not
subject to effective competition and can therefore, under the Cable
Act, have its Basic Only service rates regulated by the City.
SECTION 3 . The City of Arcadia has sufficient personnel to
administer the regulation of the Basic Only service rates
consistent with the Cable Act;
SECTION 4 . Upon the adoption of this Resolution, the City
Manager' s office shall send a copy of this Resolution to the
franchise operator, the FCC, and other interested parties;
SECTION 5 . The City staff shall develop rate regulation
proceeding which shall provide a reasonable opportunity for the
consideration of the views of interested parties in accordance with
the Cable Act; and
SECTION 6 . Prior to the adoption of new Basic Only service
rates, the City Council will hold a public hearing and encourage
public testimony as to the Basic Only Service rates; and
SECTION 7 . The City Clerk shall certify to the adoption of •
this Resolution.
Passed, approved and adopted this 2nd day of November, 1993 .
/S/ JOSEPH C. CIRAULO
Mayor of the City of Arcadia
ATTEST:
/S/ JUNE D. ALFORD
City Clerk of the City of Arcadia
A ►
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby
certify that the foregoing Resolution No. 5754 was passed and
adopted by the City Council of the City of Arcadia, signed by the
Mayor and attested to by the City Clerk at a regular meeting of
said Council held on the 2nd day of November, 1993 and that said
Resolution was adopted by the following vote, to wit:
AYES: Councilmember Fasching, Harbicht, Lojeski, Margett
and Ciraulo
NOES: None
ABSENT: None
/S/ JUNE D. ALFORD
City Clerk of the City of Arcadia