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HomeMy WebLinkAboutJune 6, 1995,..~. ~ ~ ~ ~ A G E N D A~ 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 ~ ~ 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 ' ~ ~ 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 ~ . ~ ~ 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. 10 11 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 Ups v —Er Jos,- il'1/4:il 6_ • axcnn � - 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 , / • 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 - - ■ CITY . OF • I • . ARCADIA •IN L " IOOTNI I L r • w L I CATION "" it ST. JOSEPH PLANT O NMIIILIt IN bk.. a ▪ NUG eEl 01 MU NTINOTON 11111 j 7 y 4 ■ at.l. -- J 01 t rcrR A1tE r IV LON01011 �V( . MEj L '' L%•■■••• W tea • 1 V � 1 ) L.... .......,........., . , . L., , • .. . i `V / • EXHIBIT "A" • V . O °A.,, o?io - > a T�C'a//e U r s E a/7 semi: 7 \RA/° STAFF REPORT RPOTgO� 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. • 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. ►� I LASER IMAGED • Cable,Television.- Rate Hearing June 6, 1995 . Page 2 • 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 V- b Yk) 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