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HomeMy WebLinkAboutSeptember 26, 1995A G E N D A Arcadia City Council and O Ob'T89 o Redevelopment Agency Meeting September 26, 1995 5:30 p.m. Council Chambers ROLL CALL: COUNCIL MEMBERS CHANG, KUHN, ULRICH, YOUNG, AND LOJESKI • SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS. w rMEN dw-d toi-6 • TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL (FIVE- MINUTE TIME LIMIT PER PERSON). • REPORT AND DISCUSSION OF CABLE TELEVISION ISSUES INCLUDING, -- CABLE ACT OF 1992 REGULATION ISSUES, AND CUSTOMER SERVICE STANDARDS, -- FRANCHISE RENEWAL REQUIREMENTS AND TIMELINE, -- LOCAL GOVERNMENT ACCESS (CHANNEL 20) REQUIREMENTS AND OPTIONS, -- SCHOOL DISTRICT CABLE NEEDS, AND -- OTHER MATTERS RELATED TO CABLE NEEDS. • REPORT AND RECOMMENDATION TO ADOPT RESOLUTION NO. 5880 ELECTING A CANDIDATE FOR A SEAT ON THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY BOARD OF DIRECTORS. RESOLUTION NO. 5880 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CASTING ITS VOTES FOR COUNCIL MEMBER TO REPRESENT CITIES WITH PRESCRIPTIVE PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY. ADJOURN TO OCTOBER 3, 1995 @ 7:00 P.M. () i � - `z :�, *ogle 5c- STAFF REPORT MAINTENANCE SERVICES DEPARTMENT DATE: SEPTEMBER 26, 1995 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL , FROM: PAT MALLOY, MAINTENANCE SERVICES DIRECTOR f By: ELDON G. DAVIDSON, ACTING CITY ENGINEER/WATER SERV CES MANAGER SUBJECT: ELECTION TO VACANT SEAT ON THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY BOARD OF DIRECTORS RESOLUTION NO. 5880 SUMMARY This agenda item was continued from the September 19, 1995 City Council meeting. On August 1, 1995, the City Council nominated Arcadia Council Member Mary Young to fill the seat on the San Gabriel Basin Water Quality Authority (WQA) Board of Directors which was vacated as a result of Bob Margett's election to the State Assembly. Cities with pumping rights must now cast their votes by resolution before 5:00 p.m. on October 16, 1995. The City Council should select one of the nominated candidates and approve Resolution No. 5880 which will commit Arcadia's allocation of five (5) votes for that candidate. The WQA was established by the State Legislature to develop, finance and implement groundwater treatment programs in the San Gabriel Valley. The Authority is under the direction and leadership of a 5- member Board, with one member from each of the overlying municipal water districts, one from a city with water pumping rights and one from a city without water pumping rights. Bob Margett was elected to a seat on the Board of the WQA as the representative of cities with pumping rights and his subsequent election to the State Assembly necessitated his resignation from the Board. Following is a list of nominees: Mary Young, Arcadia Tom Adams, Monrovia Maria Avila, El Monte Larry Glenn, Glendora Lois Shade, Glendora \04 MASER IMAGED /o �� Resolution No. 5880 WQA Election September 26, 1995 Page 2 The remaining term of the Board Member representing cities with pumping rights will expire on January 1, 1997. Each city has one vote for each 10,000 residents or majority thereof, as determined by the 1990 census data. Following is a list of cities with pumping rights and number of votes: Cites 1990 Population Number of Votes Arcadia 48,290 5 Alhambra 82,106 8 Azusa 41,333 4 Covina 43,207 4 El Monte 106,209 11 Glendora 47,828 5 Industry 631 1 Irwindale 1,060 1 Monrovia 35,761 4 Monterey Park 60,738 6 South Pasadena 23,936 2 Whittier 77,671 8 Total Votes 59 The WQA has requested that the City of Arcadia vote for one of the nominated candidates to fill the vacant seat on the WQA Board. The City of Arcadia has five (5) votes to cast and those votes may not be split among the candidates. In order to vote for a candidate, the City must select a candidate by majority vote and approve a resolution naming that candidate for the vacant seat. This resolution must be received by the WQA on or before 5:00 p.m. on October 16, 1995. COUNCIL ACTION 1. Conduct an election from the five nominated candidates for the vacant seat on the WQA Board representing cities with pumping rights. 2. Approve Resolution No. 5880 casting the City of Arcadia's five (5) votes for the selected candidate. Approved: �rg William R. Kelly, City Manager - r vF C4∎/e r �o 7/7—c\ MEMORANDUM e+oawtso" OFFICE OF THE CITY MANAGER September 26, 1995 TO: Mayor and City Council III 1 FROM: William R. Kelly, City Manager 071` By: Cindy Rowe, Community Relations Officer (' SUBJECT: Overview of Cable Television Issues Introduction - In 1978, the City entered into an agreement with_.T le ror9yte provide cable services to the entire foothill area of the community. i°e ty entered into a ten (10) year franchise agreement with Group W which was amended in 1986 when Daniels and Associates took over the operation of the cable system. In 1988, Daniels was bought out by United Artists, and eventually, United Artists merged with Telecommunications, Inc. (TCI), the City's current cable television operator. In June 1995, the City Council adopted Resolution No. 5798 which extended the franchise agreement two (2) years. The expiration date of the current contract is July 5, 1997. There are several issues related to cable television which currently affect the City. The following report describes the regulation of "basic only" cable rates, the franchise renewal process and the local access programming and cable television needs of the Arcadia Unified School District. The purpose of this information is to provide the City Council with an overview of these issues. Cable Act In response to consumer demands for improved national regulation for the cable industry, Congress enacted the Cable Communications Policy Act of 1984. This Act set industry standards, removed local authority over cable rates and programming and capped franchise fees at 5%. In 1992, Congress enacted the Cable Television Consumer Protection and Competition Act which re-regulated rates and set customer service standards, performance requirements for the cable industry and franchise renewal requirements. IMAGED • Overview - Cable Television Issues September 26, 1995 Page two Since the implementation of the Cable Act, rates for cable television services are now governed by the Federal Communications Commission (FCC). In the past, subscribers were charged a fixed rate for the level of service selected. Packages ranged from "basic only" channels (broadcast stations) to premium channels such as HBO and Showtime. Subscribers were also charged for connections, additional outlets and remote controls. These rates were completely controlled by the cable company. The Cable Act unbundled the rates and now the non-premium rates are regulated under a complicated formula. However, it does not regulate the premium or pay-per- view channels. Most importantly, the Cable Act allows the local franchising authority to regulate "basic only" cable television rates. In April 1994, the City Council adopted Resolution No. 5754, which authorized the regulation of "basic only" cable rates that is consistent with the FCC regulations. When the cable company requests a rate adjustment, they submit FCC-created forms to the City for approval. These forms require extensive analysis by the City's cable television technical consultant, Communications Support Group (CSG) and staff to verify their accuracy. Rate regulation administration results in an annual cost to the City of approximately $5,000. The Cable Act also established customer service standards which include hours of operation, telephone availability, installations, outages and service calls, communications, billings and refunds. The current franchise agreement outlines certain customer service standards. In addition, under the FCC guidelines the City notified TCI/Cablevision that effective April 24, 1995, the attached Customer Service Standards would be in effect (Exhibit B). Franchise Renewal The City's existing franchise agreement with TCI/Cablevision expires on July 5, 1997. The franchise renewal process is explicitly detailed in the City's Franchise Agreement as well as in the Cable Act. While the renewal requirements are substantively similar between the Franchise Agreement and the Cable Act, the requirements of the Cable Act will supersede those of the Franchise Agreement. e Overview - Cable Television Issues September 26, 1995 Page three The attached timeline (Exhibit A) outlines the formal franchise renewal process which requires significant interaction between the cable company and the City. This process provides the City with full protection under the Cable Act to approve or deny a franchise renewal with TCI. Section 626 of the Cable Act requires that franchising authorities consider the following four (4) factors in the administrative proceedings: 1 . Whether the cable operator has "substantially complied" with the material terms of the franchise and with applicable law; 2. Whether the quality of the operator's service has been "reasonable" in light of community needs; 3. Whether the cable operator has the financial, legal and technical ability to provide the services, facilities and equipment set forth in its proposal; and 4. Whether the operator's proposal is reasonable to meet the future needs and interests of the community, taking into account the cost of meeting those needs. To date, several of the steps in the renewal process have already been completed. The Compliance Audit has been addressed, the public opinion survey has been completed, and on September 27 a meeting will be held to assess customer satisfaction with TCI's service and what residents might expect in future services. The City has the legal authority to recoup any and all costs associated with the franchise renewal process through the existing Agreement and the City Charter (Section 1300). In May 1994, the City Council adopted Resolution No. 5784, which requires the cable company to pay 100% of the costs of processing the franchise renewal and to deposit $30,000 with the City for this renewal. If additional funds are necessary to cover the City's costs of this renewal, the Resolution requires the cable company to make an additional deposit within ten (10) days of being notified by the City. With the adoption of Resolution No. 5784 and the application fee the City can obtain from TCI at the time they submit their proposal, the City will be able to recover all costs incurred with this franchise process. Overview - Cable Television Issues September 26, 1996 Page four Local Government Access (Channel 20) There are three (3) types of local cable access programming: 1 . Public Access - Any channel where any member of the general public or any non-commercial organization may be a programmer on a non-discretionary basis. Editorial content control is not allowed. Editorial control can only be exercised through technical standards defined in rules and policies of the channel. Funding for public access programming is generally provided by the cable company. 2. Educational Access - Any channel where the educational institutions are the only designated programmers. The educational institutions exercise editorial control over both content and technical quality. Funding for educational access programming is generally provided by the educational institution. 3. Government Access - Any channel where local government agencies are the only designated programmers. These agencies exercise editorial control over both content and technical quality. Funding for government access programming is generally provided by the local governmental agency. Government Access - Channel 20 In October 1994, the City Council approved local government access programming for the City of Arcadia which maintains control over cable television programming. Currently, Channel 20 shows the California Legislature, City Council Meetings, re- broadcasts of City Council meetings twice weekly, and the Community Bulletin Board. The City's air time on Channel 20 is from 4:00 p.m..to 9:00 a.m., daily. Staff would like to see our government access programming expanded to include educational, public service information in the form of professional videos (i.e., disaster preparedness, crime prevention, etc.). Anticipating City Council approval, the attached list (Exhibit C) indicates the types of videos already acquired, without cost, as well as those we hope to receive in the near future. It was felt that this type of programming could achieve the goal of getting information to the community without expenditure and would provide an interesting variety to those who view Channel 20. Several staff members from various City departments have recently received training on video playback programming. Overview - Cable Television Issues September 26, 1995 Page five Additionally, we are in the process of purchasing a piece of equipment that will allow us to edit videos which we create. As an example, you may remember the Senior Citizens have been working diligently this past year on a video which they hope will promote their activities and programs at the Community Center. They are now ready to edit that material and prepare it for viewing. This equipment will allow them to finish their project and share it with the community. Similarly, videotaping of the stages of the Downtown 2000 Project and Library Expansion Project has been ongoing. It is our hope that after the editing has been complete, we will not only be creating a historical record of the project, but will also have a product we will be able to take as a visual presentation into the community as an informational tool. The same staff who received training on video playback programming will be trained in the near future to use the editing device. The staff has displayed great enthusiasm for the educational and informational opportunities this increased programming presents. There will be opportunities for all departments to "advertise". their services (i.e., Recreation activities and programs, Budget Review, Visual Instruction for Library Research, etc.). All videos will be viewed and approved by the City Manager's Office/Community Relations Division prior to being aired on Channel 20 and will be changed regularly to ensure variety. School District Cable Needs City staff has met with School District staff in an effort to ascertain how cable television can assist them in their efforts. Information which addresses those needs is forthcoming from the Superintendent's office. In recent weeks TCI has also met with School Distric$taff and has indicated a desire to support the Arcadia Unified School District as it prepares for the educational technologies of the 21st Century. Overview - Cable Television Issues September 26, 1995 Page six RECOMMENDATION We anticipate a very positive and beneficial franchise renewal process with TCI Cablevision and the possibilities for cable use in our community are endless. It is therefore recommended that the City Council: 1 . Direct staff to continue with the franchise renewal process as set forth in the timeline; 2. Approve staff to proceed with the expansion of our government access Channel 20 as indicated; and 3. Direct staff to pursue specific discussions with Arcadia Unified School District as to their participation in the franchise renewal process. Attachments: Franchise Renewal Timeline (Exhibit A) Customer Service Standards (Exhibit B) Video Library Inventory (Exhibit C) • • • - • ( r ice) CITY OF ARCADIA CABLE TELEVISION FRANCHISE RENEWAL PROCESS (Contract Expiration Date: July 5, 1997) ITEM DATE STATUS City Council Meeting February 22, 1994 Done (Discussion on Cable Television options) Retain Legal/Technical Consultant March 1, 1994 Done (Rutan & Tucker/Communications Support Group) Compliance Audit Conducted by CSG May 1, 1994 - Done (Analysis of TCI's compliance with December 7, 1994 current franchise agreement) Conduct Public Opinion Survey (City) January 1, 1995 - Done February 28, 1995 Town Meeting - Public Opinion September 27, 1995 of TCI Service Community Needs Assessment June 1, 1995 - Done (Conducted by CSG) November 1, 1995 City Develop Proposal Form January 15, 1996 City Release Proposal Form to TCI February 15, 1996 City Receives Proposal from TCI May 31, 1996 City Review Proposal & Conduct June 1, 1996 • Financial Analysis by TCI Negotiations August 1, 1996 - January 31, 1997 Public Hearing on Recommended February 20, 1997 Franchise Agreement and City Council Consideration of • Franchise Agreement EXHIBIT A r i CITY OF ARCADIA CABLE TELEVISION CUSTOMER SERVICE STANDARDS Effective:April24, 1995 The cable operator shall be subject to the following customer service standards: 1. Cable system office hours and telephone availability. a. The cable operator will maintain a local, toll-free or collect call telephone access line which will be available to its subscribers 24 hours a day, seven days a week. 1. Trained, knowledgeable and qualified company representatives will be available to respond to customer telephone inquiries during normal business hours. 2. After normal business hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquires received after normal hours must be responded to by a trained company representative on the next business day. b. Under normal operating conditions, telephone answer time by a customer representative, including waiting time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis. c. The operator will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. d. Under normal operating conditions, the customer will receive a busy signal less than three (3) percent of the time. e. Customer service center and bill payment locations will be open at least during normal business hours and will be conveniently located. 2. Installations, outages and service calls - under normal operating conditions, each of the following four standards will be met no less than ninety five (95) percent of the time measured on a quarterly basis: EXHIBIT B Customer Service Standards Page 2 a. Standard installations will be performed within seven (7) business days after an order has been placed. "Standard" installations are those that are located up to 125 feet from the existing distribution system. b. Excluding conditions beyond the control of the operator, the cable operator will begin working on "service interruptions" promptly and in no event later than 24 hours after the interruption becomes known. The cable operator must begin actions to correct other service problems the next business day after notification of the service problem. c. The "appointment window" alternatives for installations, service calls, and other installation activities will be either a specific time or, at a maximum, a four-hour time block during normal business hours. (The operator may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer). d. An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. e. If a cable operator representative is running later for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time • which is convenient for the customer. 3. Communications between cable operators and cable subscribers: a. Notifications to subscribers: 1. The cable operator shall provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers, and at any time upon request: a. products and services offered; b. prices and options for programming services and conditions of subscription to programming and other services; c. installation and service maintenance policies; d. instructions on how to use cable service; • . Customer Service Standards Page 3 e. channel positions of programming carried on the system; f. billing and complaint procedures, including the address and telephone number of the local franchise authority's cable office; g. charges, refunds and credit procedures; h. disconnection and termination of service procedures; i. customer service telephone number and office hours; j. employee identifications; k. service call response time scheduling. 2. Customers will be notified of any changes in rates, programming services or channel positions as soon as possible through announcements_on the cable system and in writing. Notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the cable operator. In addition, the cable operator shall notify subscribers thirty (30) days in advance of any significant changes in the other information required by the preceding paragraph. 3. After the customer service standards established have been in effect for one year, the cable television operator shall report annually on their performance in meeting its customer service standards. This report shall be included in the required annual notice. B. Billing 1. Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. 2. In case of a billing dispute, the cable operator must respond to a written complaint from a subscriber within thirty (30) days. Customer Service Standards Page 4 3. Every customer who pays his or her bill directly shall have at least 15 days from the date of the bill for services is mailed to pay the listed charges. Customer payments shall be posted promptly. The cable operator shall not terminate residential service for nonpayment of a delinquent account without 15 days prior written notice. Such notice shall not be mailed until after the 16th day from the time the bill for services was mailed to the customer. The cable operator may not assess a late charge earlier than the 22nd day from the time the bill for services has been mailed. 4. Every notice of termination of service shall include: name and address of customer whose account is delinquent; the amount of the delinquency; the date by which payment is required in order to avoid termination of service; the telephone number of a cable company representative who can provide additional information and handle complaints or initiate an investigation concerning service and charges in question. 5. Service may only be terminated on days in which the customer can reach a representative of the cable company either in person or by telephone. 6. Any service terminated without just cause shall be restored without charge for the service restoration. Good cause includes, but in not limited to, failure to pay, payment by check for which there are insufficient funds, theft of service, abuse of equipment or system personnel, or other similar subscriber actions. C. Refunds - refund checks will be issued promptly, but no later than either : 1. The customer's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or 2. The return of the equipment supplied by the cable operator is service is terminated. D. Credits Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. ■ Customer Service Standards Page 5 E. Late Fees The cable operator's late fees must closely approximate the actual loss suffered as a result of the payment arriving late. If the City believe the operator's late fee structure is above actual costs they will be required to show their actual costs and adjust the price of late fees accordingly. 4. Definitions A. Normal Business Hours The term "normal business hours" means those hours during which most similar businesses in the community are open to service customers. In all cases, "normal business hours" must include some evening hours at least on night per week and/or some weekend hours. B. Normal Operating Conditions The term "normal operating conditions" means those service conditions which are within the control of the cable operator. Those conditions which are within the control of the cable operator. Those conditions which are not in control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system. C. Service Interruption The term "service interruption" means the loss of picture or sound on one or more cable channels. • January 24, 1995 Mr. Keith Cooper Community Relations Manager TCI Cablevision 15255 Salt Lake.Avenue City of Industry CA 91745 Dear Mr. Cooper, This letter serves as official notice that the City of Arcadia intends to enforce the customer service and consumer protection standards established under Federal and State law. Attached is a copy of the comprehensive standards we intend to enforce. As you may know, the recently adopted Federal standards are "self-executing" and will be enforceable by the City 90 days from the date of this notice. State customer service standards will be operative April 24, 1995. As these provisions are designated as baseline standards, the City intends to enforce the more stringent of the requirements of the FCC's rules, State laws or the terms and conditions of your franchise agreement and Municipal Code. If you have any questions, please contact Tammy Gates of my staff at (818) 574-5436. Sincerely, WILLIAM R. KELLY City Manager Attachment TAPES IN VIDEO LIBRARY From Area D "Make Yourself a Promise" - Disaster Preparedness "NEAT" - Neighborhood Emergency Action Team From Metropolitan Water District "Flight to the Future" - Water Use "The Story of the Colorado River Aqueduct" From L.A. County Sanitation Districts: "Water for a Dry Land" - Water Conservation "Puente Hills Landfill" "Commerce Refuse-to-Energy Facility From L.A. County Agriculture Commission: - "Spoiled Rotten" - Medfly Threat to California "Children and the Africanized Honey Bee" "Living with the Africanized Honey Bee" From Red Cross: "Family Disaster Planning" "The Wake Up Call" - Southern California Earthquakes "Facing the Fire" - Fire Prevention and Action Plan "Disaster Sights and Sounds" Recycling Techniques Air Force and Navy Recruitment Promotions From Police Department: 48 tapes on drug and alcohol awareness, home security, seatbelt laws, auto theft prevention, child abduction, etc. From Fire Department: 15 tapes on fire safety, smoke detectors, hazardous home conditions EXHIBIT C Tapes which have been requested: From Southern California Auto Club: "Highway Safety" "Auto Safety Checklist" From Arboretum: Arboretum Promotion From Boy Scouts: "Scouting Today" From Edison: "Electricity and Safety" From AQMD: "Air Quality in California" From U.S. Forest Service: "Recreational Safety" "Smokey Bear Safety Tips" From Consumer Affairs: Tapes on fraud, consumer protection, etc. From U.S. Army, Marine Corps and National Guard: Recruitment Promotions From area colleges: College Recruitment Promotions Arcadia Unified School District Office of the Superintendent " 234 Campus Drive, Arcadia, California 91007 Telephone: (818) 447-9223 ... Fax: (818) 821-8647 September 21, 1995 City of Arcadia 240 W. Huntington Drive P.O.Box 60 Arcadia, CA 91007 Attn: Mr. Bill Kelley City Manager Re: TCI Cablevision Dear Bill: Thank you for providing the opportunity for Earl Davis and me to meet with you to discuss the long term and short term needs of Arcadia Unified School District relative to TCI Cablevision. We are excited about the opportunity to better serve our students,parents,and the community in general through enhanced media capability. As you know, our experience with TCI has been marginally acceptable at best, so we view as opportune the chance to improve that experience in the new contract between the City and TCI.In fairness to TCI Mr.Juan Herrera,the new General Manager of TCI,has been more responsive to our needs than any previous person in that position,and we are optimistic that things will get better. • We are pleased that the ideas and concepts we discussed in our meeting provide positive opportunities for the City and the school district to work in cooperation to provide quality programming which will be of interest to a large segment of the community, which in turn should boost the subscribership of the cable network. With this in mind,here are a few of our thoughts: Location of CATV operations. We agree with the City staff that the natural location for the programming and distribution lies in the school district. We have an existing studio and some manpower to make it more viable. Programming. For the school district the programming possibilities are limited only by our imagination. We would be immediately interested in exploring programs related to student activities at all grade levels, including such things as athletic events,music productions, drama presentations, college guidance,-homework hotline, youth community activities, preschool reading readiness, intercultural information and programs of parent education. • • Equipment and facilities. As we discussed in our meeting, any programming by the District would be dependent upon a significant enhancement of our equipment. Most of the equipment in our TV studio at Arcadia High School was originally purchased during the 1960's and obviously is not only at the end of its useful life,but is very outdated technologically in comparison to today's equipment. Although we are committed to upgrading and modernizing our TV studio as a facility (i.e., infrastructure items such as electrical, fiber optics, lighting, etc.), we would need outside funding to replace the antiquated equipment in our studio. Additionally, to provide the variety of programming outlined above, we would also need a fully equipped mobile van. Since we currently operate a District garage to maintain vehicles,we would be willing to provide and maintain the van if the technical equipment could be provided. Staffing. To provide the quality programming with the City which we envision,the appropriate staffing will need to be planned for and provided,particularly as programming demands accelerate, and use of the studio becomes more extensive. Current district CATV capability. Beyond having the existing studio and antiquated equipment, we are now installing fiber optic cable in all schools as part of our renovation effort. We have also just acquired a satellite dish so that we will have access to the Los Angeles County's Educational Timesharing Network as well as the Discovery Channel and other educational programming. TCI Cablevision has provided a return line so that programming may be broadcast to our school sites. Greatest need. We would also like to explore the feasibility of TCI Cablevision's providing the "data transfer" capability as a wide-area network in order to link each of our schools local area network together. Such a connection would provide a high-quality, low-cost way of transferring data between schools and the District Office. Thank you for the opportunity to share our ideas and be able to work with the City and TCI Cablevision in the future. Sincerely, Terrence M.Towner Superintendent TT:gb:tci2 CC: C. Earl Davis Cindy Rowe • ,• d8/a-- 'a MEMORANDUM OFFICE OF THE CITY MANAGER September 26, 1995 TO: Mayor and City Council II FROM: William R. Kelly, City Managers{ By: Cindy Rowe, Community Relations Officer SUBJECT: Overview of Cable Television Issues Introduction - In 1978, the City entered into an agreement with Teleprompter to provide cable services to the entire foothill area of the community. The City entered into a ten (10) year franchise agreement with Group W which was amended in 1986 when Daniels and Associates took over the operation of the cable system. In 1988, Daniels was bought out by United Artists, and eventually, United Artists merged with Telecommunications, Inc. (TCI), the City's current cable television operator. In June 1995, the City Council adopted Resolution No. 5798 which extended the franchise agreement two (2) years. The expiration date of the current contract is July 5, 1997. There are several issues related to cable television which currently affect the City. The following report describes the regulation of "basic only" cable rates, the franchise renewal process and the local access programming and cable television needs of the Arcadia Unified School District. The purpose of this information is to provide the City Council with an overview of these issues. Cable Act In response to consumer demands for improved national regulation for the cable industry, Congress enacted the Cable Communications Policy Act of 1984. This Act set industry standards, removed local authority over cable rates and programming and capped franchise fees at 5%. In 1992, Congress enacted the Cable Television Consumer Protection and Competition Act which re-regulated rates and set customer service standards, performance requirements for the cable industry and franchise renewal requirements. LA ER IMAGED 6a . Overview - Cable Television Issues September 26, 1995 Page two Since the implementation of the Cable Act, rates for cable television services are now governed by the Federal Communications Commission (FCC). In the past, subscribers were charged a fixed rate for the level of service selected. Packages ranged from "basic only" channels (broadcast stations) to premium channels such as HBO and Showtime. Subscribers were also charged for connections, additional outlets and remote controls. These rates were completely controlled by the cable company. The Cable Act unbundled the rates and now the non-premium rates are regulated under a complicated formula. However, it does not regulate the premium or pay-per- view channels. Most importantly, the Cable Act allows the local franchising authority to regulate "basic only" cable television rates. In April 1994, the City Council adopted Resolution No. 5754, which authorized the regulation of "basic only" cable rates that is consistent with the FCC regulations. When the cable company requests a rate adjustment, they submit FCC-created forms to the City for approval. These forms require extensive analysis by the City's cable television technical consultant, Communications Support Group (CSG) and staff to verify their accuracy. Rate regulation administration results in an annual cost to the City of approximately $5,000. The Cable Act also established customer service standards which include hours of operation, telephone availability, installations, outages and service calls, communications, billings and refunds. The current franchise agreement outlines certain customer service standards. In addition, under the FCC guidelines the City notified TCI/Cablevision that effective April 24, 1995, the attached Customer Service Standards would be in effect (Exhibit B). Franchise Renewal The City's existing franchise agreement with TCI/Cablevision expires on July 5, 1997. The franchise renewal process is explicitly detailed in the City's Franchise Agreement as well as in the Cable Act. While the renewal requirements are substantively similar between the Franchise Agreement and the Cable Act, the requirements of the Cable Act will supersede those of the Franchise Agreement. • Overview - Cable Television Issues September 26, 1995 Page three The attached timeline (Exhibit A) outlines the formal franchise renewal process which requires significant interaction between the cable company and the City. This process provides the City with full protection under the Cable Act to approve or deny a franchise renewal with TCI. Section 626 of the Cable Act requires that franchising authorities consider the following four (4) factors in the administrative proceedings: 1 . Whether the cable operator has "substantially complied" with the material terms of the franchise and with applicable law; 2. Whether the quality of the .operator's service has been "reasonable" in light of community needs; 3. Whether the cable operator has the financial, legal and technical ability to provide the services, facilities and equipment set forth in its proposal; and 4. Whether the operator's proposal is reasonable to meet the future needs and interests of the community, taking into account the cost of meeting those needs. To date, several of the steps in the renewal process have already been completed. The Compliance Audit has been addressed, the public opinion survey has been completed, and on September 27 a meeting will be held to assess customer satisfaction with TCI's service and what residents might expect in future services. The City has the legal authority to recoup any and all costs associated with the franchise renewal process through the existing Agreement and the City Charter (Section 1300). In May 1994, the City Council adopted Resolution No. 5784, which requires the cable company to pay 100% of the costs of processing the franchise renewal and to deposit $30,000 with the City for this renewal. If additional funds are necessary to cover the City's costs of this renewal, the Resolution requires the cable company to make an additional deposit within ten (10) days of being notified by the City. With'the adoption of Resolution No. 5784 and the application fee the City can obtain from TCI at the time they submit their proposal, the City will be able to recover all costs incurred with this franchise process. t_ J Overview - Cable Television Issues September 26, 1996 Page four Local Government Access (Channel 20) There are three (3) types of local cable access programming: 1 . Public Access - Any channel where any member of the general public or any non-commercial organization may be a programmer on a non-discretionary basis. Editorial content control is not allowed. Editorial control can only be exercised through technical standards defined in rules and policies of the channel. Funding for public access programming is generally provided by the cable company. 2. Educational Access - Any channel where the educational institutions are the only designated programmers. The educational institutions exercise editorial control over both content and technical quality. Funding for educational access programming is generally provided by the educational institution. 3. Government Access - Any channel where local government agencies are the only designated programmers. These agencies exercise editorial control over both content and technical quality. Funding for government access programming is generally provided by the local governmental agency. Government Access - Channel 20 In October 1994, the City Council approved local government access programming for the City of Arcadia which maintains control over cable television programming. Currently, Channel 20 shows the California Legislature, City Council Meetings, re- broadcasts of City Council meetings twice weekly, and the Community Bulletin Board. The City's air time on Channel 20 is from 4:00 p.m. to 9:00 a.m., daily. Staff would like to see our government access programming expanded to include educational, public service information in the form of professional videos (i.e., disaster preparedness, crime prevention, etc.). Anticipating City Council approval, the attached list (Exhibit C) indicates the types of videos already acquired, without cost, as well as those we hope to receive in the near future. It was felt that this type of programming could achieve the goal of getting information to the community without expenditure and would provide an interesting variety to those who view Channel 20. Several staff members from various City departments have recently received training on video playback programming. • Overview - Cable Television Issues September 26, 1995 Page five Additionally, we are in the process of purchasing a piece of equipment that will allow us to edit videos which we create. As an example, you may remember the Senior Citizens have been working diligently this past year on a video which they hope will promote their activities and programs at the Community Center. They are now ready to edit that material and prepare it for viewing. This equipment will allow them to finish their project and share it with the community. Similarly, videotaping of the stages of the Downtown 2000 Project and Library Expansion Project has been ongoing. It is our hope that after the editing has been complete, we will not only be creating a historical record of the project, but will also have a product we will be able to take as a visual presentation into the community as an informational tool. The same staff who received training on video playback programming will be trained in the near future to use the editing device. The staff has displayed great enthusiasm for the educational and informational opportunities this increased programming presents. There will be opportunities for all departments to "advertise" their services (i.e., Recreation activities and programs, Budget Review, Visual Instruction for Library Research, etc.). All videos will be viewed and approved by the City Manager's Office/Community Relations Division prior to being aired on Channel 20 and will be changed regularly to ensure variety. School District Cable Needs City staff has met with School District staff in an effort to ascertain how cable television can assist them in their efforts. Information which addresses those needs is forthcoming from the Superintendent's office. In recent weeks TCI has also met with School District staff and has indicated a desire to support the Arcadia Unified School District as it prepares for the educational technologies of the 21st Century. • Overview - Cable Television Issues September 26, 1995 Page six RECOMMENDATION We anticipate a very positive and beneficial franchise renewal process with TCI Cablevision and the possibilities for cable use in our community are endless. It is therefore recommended that the City Council: 1 . Direct staff to continue with the franchise renewal process as set forth in the timeline; 2. Approve staff to proceed with the expansion of our government access Channel 20 as indicated; and 3. Direct staff to pursue specific discussions with Arcadia Unified School District as to their participation in the franchise renewal process. Attachments: Franchise Renewal Timeline (Exhibit A) Customer Service Standards (Exhibit B) Video Library Inventory (Exhibit C) CITY OF ARCADIA CABLE TELEVISION FRANCHISE RENEWAL PROCESS (Contract Expiration Date: July 5, 1997) ITEM DATE STATUS City Council Meeting February 22, 1994 Done (Discussion on Cable Television options) Retain Legal/Technical Consultant March 1, 1994 Done (Rutan & Tucker/Communications Support Group) Compliance Audit Conducted by CSG May 1, 1994 - Done (Analysis of TCI's compliance with December 7, 1994 current franchise agreement) Conduct Public Opinion Survey (City) .January 1, 1995 - Done February 28, 1995 Town Meeting - Public Opinion September 27, 1995 of TCI Service Community Needs Assessment June 1, 1995 - Done (Conducted by CSG) November 1, 1995 City Develop Proposal Form January 15, 1996 City Release Proposal.Form to TCI February 15, 1996 City Receives Proposal from TCI May 31, 1996 City Review Proposal & Conduct June 1, 1996 Financial Analysis by TCI Negotiations August 1, 1996 - January 31, 1997 Public Hearing on Recommended February 20, 1997 Franchise Agreement and City Council Consideration of Franchise Agreement EXHIBIT A CITY OF ARCADIA CABLE TELEVISION CUSTOMER SERVICE STANDARDS Effective: April 24, 1995 The cable operator shall be subject to the following customer service standards: 1. Cable system office hours and telephone availability. a. The cable operator will maintain a local, toll-free or collect call telephone access line which will be available to its subscribers 24 hours a day, seven days a week. 1. Trained, knowledgeable and qualified company representatives will be available to respond to customer telephone inquiries during normal business hours. 2. After normal business hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquires received after normal hours must be responded to by a trained company representative on the next business day. b. Under normal operating conditions, telephone answer time by a customer representative, including waiting time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis. c. The operator will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an • historical record of complaints indicates a clear failure to comply. d. Under normal operating conditions, the customer will receive a busy signal less than three (3) percent of the time. e. Customer service center and bill payment locations will be open at least during normal business hours and will be conveniently located. 2. Installations, outages and service calls - under normal operating conditions, each of the following four standards will be met no less than ninety five (95) percent of the time measured on a quarterly basis: EXHIBIT B Customer Service Standards Page 2 a. Standard installations will be performed within seven (7) business days after an order has been placed. "Standard" installations are those that are located up to 125 feet from the existing distribution system. b. Excluding conditions beyond the control of the operator, the cable operator will begin working on "service interruptions" promptly and in no event later than 24 hours after the interruption becomes known. The cable operator must begin actions to correct other service problems the next business day after notification of the service problem. c. The "appointment window" alternatives for installations, service calls, and other installation activities will be either a specific time or, at a maximum, a four-hour time block during normal business hours. (The operator may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer). d. An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. e. If a cable operator representative is running later for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. 3. Communications between cable operators and cable subscribers: a. Notifications to subscribers: 1. The cable operator shall provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers, and at any time upon request: , a. products and services offered; b. prices and options for programming services and conditions of subscription to programming and other services; c. installation and service maintenance policies; d. instructions on how to use cable service; Customer Service Standards Page 3 e. channel positions of programming carried on the system; f. billing and complaint procedures, including the address and telephone number of the local franchise authority's cable office; g. charges, refunds and credit procedures; h. disconnection and termination of service procedures; i. customer service telephone number and office hours; j. employee identifications; k. service call response time scheduling. 2. Customers will be notified of any changes in rates, programming services or channel positions as soon as possible through announcements on the cable system and in writing. Notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the cable operator. In addition, the cable operator shall notify subscribers thirty (30) days in advance of any significant changes in the other information required by the preceding paragraph. 3. After the customer service standards established have been in effect for one year, the cable television operator shall report annually on their performance in meeting its customer service standards. This report shall be included in the required annual notice. B. Billing 1. Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. 2. In case of a billing dispute, the cable operator must respond to a written complaint from a subscriber within thirty (30) days. Customer Service Standards Page 4 3. Every customer who pays his or her bill directly shall have at least 15 days from the date of the bill for services is mailed to pay the listed charges. Customer payments shall be posted promptly. The cable operator shall not terminate residential service for nonpayment of a delinquent account without 15 days prior written notice. Such notice shall not be mailed until after the 16th day from the time the bill for services was mailed to the customer. The cable operator may not assess a late charge earlier than the 22nd day from the time the bill for services has been mailed. 4. Every notice of termination of service shall include: name and address of customer whose account is delinquent; the amount of the delinquency; the date by which payment is required in order to avoid termination of service; the telephone number of a cable company representative who can provide additional information and handle complaints or initiate an investigation concerning service and charges in question. 5. Service may only be terminated on days in which the customer can reach a representative of the cable company either in person or by telephone. 6. Any service terminated without just cause shall be restored without charge for the service restoration. Good cause includes, but in not limited to, failure to pay, payment by check for which there are insufficient funds, theft of service, abuse of equipment or system personnel, or other similar subscriber actions. C. Refunds - refund checks will be issued promptly, but no later than either : 1. The customer's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or 2. The return of the equipment supplied by the cable operator is service is terminated. D. Credits Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. • Customer Service Standards Page 5 E. Late Fees The cable operator's late fees must closely approximate the actual loss suffered as a result of the payment arriving late. If the City believe the operator's late fee structure is above actual costs they will be required to show their actual costs and adjust the price of late fees accordingly. 4. Definitions A. Normal Business Hours The term "normal business hours" means those hours during which most similar businesses in the community are open to service customers. In all cases, "normal business hours" must include some evening hours at least on night per week and/or some weekend hours. B. Normal Operating Conditions The term "normal operating conditions" means those service conditions which are within the control of the cable operator. Those conditions which are within the control of the cable operator. Those conditions which are not in control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system. C. Service Interruption The term "service interruption" means the loss of picture or sound on one or more cable channels. • January 24, 1995 Mr. Keith Cooper Community Relations Manager TCI Cablevision 15255 Salt Lake Avenue City of Industry CA 91745 Dear Mr. Cooper, This letter serves as official notice that the City of Arcadia intends to enforce the customer service and consumer protection standards established under Federal and State law. Attached is a copy of the comprehensive standards we intend to enforce. As you may know, the recently adopted Federal standards are "self-executing" and will be enforceable by the City 90 days from the date of this notice. State customer service standards will be operative April 24, 1995. As these provisions are designated as baseline standards, the City intends to enforce the more stringent of the requirements of the FCC's rules, State laws or the terms • and conditions of your franchise agreement and Municipal Code. If you have any questions, please contact Tammy Gates of my staff at (818) 574-5436. Sincerely, WILLIAM R. KELLY City Manager Attachment TAPES IN VIDEO LIBRARY From Area D "Make Yourself a Promise" - Disaster Preparedness "NEAT" - Neighborhood Emergency Action Team From Metropolitan Water District "Flight to the Future" - Water Use "The Story of the Colorado River Aqueduct" From L.A. County Sanitation Districts: "Water for a Dry Land" - Water Conservation "Puente Hills Landfill" "Commerce Refuse-to-Energy Facility From L.A. County Agriculture Commission: "Spoiled Rotten" - Medfly Threat to California "Children and the Africanized Honey Bee" "Living with the Africanized Honey Bee" • From Red Cross: "Family Disaster Planning" "The Wake Up Call" - Southern California Earthquakes "Facing the Fire" - Fire Prevention and Action Plan "Disaster Sights and Sounds" Recycling Techniques Air Force and Navy Recruitment Promotions From Police Department: 48 tapes on drug and alcohol awareness, home security, seatbelt laws, auto theft prevention, child abduction, etc. From Fire Department: 15 tapes on fire safety, smoke detectors, hazardous home conditions EXHIBIT C Tapes which have been requested: From Southern California Auto Club: "Highway Safety" "Auto Safety Checklist" From Arboretum: Arboretum Promotion From Boy Scouts: "Scouting Today" From Edison: "Electricity and Safety" From AQMD: "Air Quality in California" From U.S. Forest Service: • "Recreational Safety" "Smokey Bear Safety Tips" From Consumer Affairs: Tapes on fraud, consumer protection, etc. From U.S. Army, Marine Corps and National Guard: Recruitment Promotions From area colleges: College Recruitment Promotions • Arcadia Unified School District Office of the Superintendent 11 234 Campus Drive, Arcadia, California 91007 Telephone: (818) 447-9223 ... Fax: (818) 821-8647 September 21, 1995 City of Arcadia 240 W. Huntington Drive P.O. Box 60 Arcadia,CA 91007 Attn: Mr. Bill Kelley City Manager Re: TCI Cablevision Dear Bill: Thank you for providing the opportunity for Earl Davis and me to meet with you to discuss the long term and short term needs of Arcadia Unified School District relative to TCI Cablevision. We are excited about the opportunity to better serve our students,parents,and the community in general through enhanced media capability. As you know, our experience with TCI has been marginally acceptable at best, so we view as opportune the chance to improve that experience in the new contract between the City and TCI. In fairness to TCI Mr.Juan Herrera,the new General Manager of TCI,has been more responsive to our needs than any previous person in that position, and we are optimistic that things will get better. We are pleased that the ideas and concepts we discussed in our meeting provide positive opportunities for the City and the school district to work in cooperation to provide quality programming which will be of interest to a large segment of the community, which in turn should boost the subscribership of the cable network. With this in mind, here are a few of our thoughts: Location of CATV operations. We agree with the City staff that the natural location for the programming and distribution lies in the school district. We have an existing studio and some manpower to make it more viable. Programming. For the school district the programming possibilities are limited only by our imagination.We would be immediately interested in exploring programs related to student activities at all grade levels, including such things as athletic events,music productions,drama presentations, college guidance,-homework hotline, youth community activities, preschool reading readiness, intercultural information and programs of parent education. Equipment and facilities. As we discussed in our meeting,any programming by the District would be dependent upon a significant enhancement of our equipment. Most of the equipment in our TV studio at Arcadia High School was originally purchased during the 1960's and obviously is not only at the end of its useful life,but is very outdated technologically in comparison to today's equipment. Although we are committed to upgrading and modernizing our TV studio as a facility (i.e.,. infrastructure items such as electrical, fiber optics, lighting, etc.), we would need outside funding to replace the antiquated equipment in our studio. Additionally, to provide the variety of programming outlined above, we would also need a fully equipped mobile van. Since we currently operate a District garage to maintain vehicles,we would be willing to provide and maintain the van if the technical equipment could be provided. Staffing. To provide the quality programming with the City which we envision, the appropriate staffing will need to be planned for and provided,particularly as programming demands accelerate, and use of the studio becomes more extensive. Current district CATV capability.Beyond having the existing studio and antiquated equipment, we are now installing fiber optic cable in all schools as part of our renovation effort. We have also just acquired a satellite dish so that we will have access to the Los Angeles County's Educational Timesharing Network as well as the Discovery Channel and other educational programming. TCI Cablevision has provided a return line so that programming may be broadcast to our school sites. Greatest need. We would also like to explore the feasibility of TCI Cablevision's providing the "data transfer" capability as a wide-area network in order to link each of our schools local area network together. Such a connection would provide a high-quality, low-cost way of transferring data between schools and the District Office. Thank you for the opportunity to share our ideas and be able to work with the City and TCI Cablevision in the future. Sincerely, 1 Terrence M.Towner Superintendent TT:gb:tci2 CC: C.Earl Davis Cindy Rowe (J G. 8-0 -D Z . "1 -Uu�gi-vwi'I 2 fs-` t ._k _ Memorandum `��o;• ,0/' ,` -�RPORATg._:: Agenda Item 9a Date: September 26, 1995 TO: Mayor and City Council H P7\ FROM: City Attorney SUBJECT: Resolution No.5882 - Determination of urgent necessity to contract for completion of Downtown 2000 Streetscape Project without advertising for bids as authorized by Arcadia City Charter Section 1212. (four votes required). The current status of the above project, the current situation on and adjacent to the Project site, and the effect on transit, business, revenues, safety, potential litigation, and related concerns are set forth in the attached resolution for your review and potential modification. Passage of the resolution by the City Council will enable the City to expedite completion of the job by non-adherance to the time-consuming advertising for bid requirements. If Council determines that an urgent necessity exists as described in the resolution, the City Charter permits preclusion of the bid advertising requirement. The formal bid process could delay completion of the Project for at least two months. . As set forth in Resolution No. 5882, in lieu of the bid process, the City will still go ' through a competitive - negotiation process with reference to prices that have already been competitively bid. If approved , the Resolution authorizes selection of a new contractor by the City Manager after consultation with the City's engineer and approval of the contract by the City Attorney. This action will be implemented subject to action of the City Council pursuant to Agenda item 8c above, and the reaction of the Contractor and/or their bond sureties to the City's cancellation notice. Recommended Action: Approve Resolution No. 5882 O Concurred: p. City Manager , j LASER IMAGED Oa 9'ei