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HomeMy WebLinkAboutFebruary 29, 1996~~,,~~~~~~ ~~ A G E N D A ~ ,~ ~, , Arcadia City Council ',,;~~ , ~ and ~°Rr~=~~''' Redevelopment Agency Meeting February 29, 1996 5:30p.m. ~ ~ ^~'i___~ ,' ~ ~ ~ u~ ~ ACTION 1. ROLL CALL: Council/Agency Board Members:Chang, Kuhn Ulrich, Young and Lojeski 2. Supplemental information from staff regarding agenda items: reports/an nou ncem ents/statem ents 3. Time reserved for those in the audience who wish to address the City Council on a non-public hearing item (five minute time limit per person) 4. CLOSED SESSION - Pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding the existing workers' compensation case of Kim Wood v. Arcadia 5. Matters from elected o~cials: City Council reports/ announcements/statements/future agenda items 6. Report and recommendation to allow solicitation for subscriptions by TCI Cablevision, pursuant to Arcadia MunicipaF Code Section 6425.9 7. Report and recommendation regarding Live Oak Hall (630 Live Oak Avenue) 8. Discussion and direction regarding the City's budget and possible financial alternatives 9. ADJOURN City Council and Redevelopment Agency to 7:OOp,m., March 5, 1996 8ia-3 ��,�11.7 Op A11.7 TG / �G Ur 9iun ARCAD ;. MEMORANDUM ORPOAAT60 OFFICE OF THE CITY MANAGER February 29, 1996 TO: Mayor and City Council FROM: William R. Kelly, City Manager By: Cindy Rowe, Community Relations Officer SUBJECT: Report and Recommendation to Allow Solicitation for Subscriptions by TCI Cablevision, pursuant to Arcadia Municipal Code Section 6425.9 BACKGROUND The attached request from TCI Cablevision is not unlike past requests for permission to solicit Arcadia residents to subscribe to cable television service. As a franchisee of the City of Arcadia, TCI is exempt from the solicitation ordinance and is permitted to solicit as long as the solicitation is related to the purpose and intent of their franchise. The Arcadia Municipal Code states, however, that consent of a majority of the City Council should be obtained prior to the activity. DISCUSSION Our files indicate permission to solicit has been granted in the past. A letter from the City Manager authorizing solicitation, supplemented by a permit agreement (sample attached) has been sufficient to control the activity. There is no record of any problem being reported as a result of the solicitation and we have received no complaints from residents. LASER IMAGED TCI Solicitation Request February 29, 1996 Page two FISCAL IMPACT There will be no cost to the City in granting this permission to TCI. Naturally, an increase in subscribers will result in increased revenue to TCI Cablevision, but it will also result in an increased franchise fee paid to the City which directly benefits the General Fund. RECOMMENDATION It is recommended that the City Council approve TCI's request to solicit subscribers, subject to the terms and conditions of the attached permit agreement. CONCURRED: /11Q-6/1 1/ MI- — City Attorney Attachments: Letter of request from TCI AMC Section 6425.9 Section 26 of the Franchise Agreement Sample Permit Agreement • . , 2 • l'e -e;i:kine •eieviswn :9I•1 .7nnorrn t TCI Cablevision of Los Angeles County February, 20, 1996 Mr.William R. Kelly City Manager City of Arcadia 240 West Huntington Drive Arcadia, Ca. 91006-6021 Dear Mr. Kelly: In compliance with Section 26(a) of our Cable Television Franchise and Arcadia Municipal Code Section 6425.9, TCI requests that the City approves activities by our field personnel that will involve contacting residents in their homes. These sales activities will be limited to specific addresses in our database where: 1. Cable television has never been connected to the residence. 2. The previous resident has moved. 3. Resident voluntarily discontinued service in past years. These activities will be conducted by TCI employees who are trained to inform and advise residents of the services provided by TCI. Although most residents will be • contacted during the day, those residents not home during the day may be contacted during evening hours. All TCI employees, including installers, service technicians, field and office personnel are trained and"Certified"under the comprehensive TCI "Customer 1st"training program. All subscriber and resident contacts will be made in the professional manner in which the City of Acradia expects and deserves. Sincerely, - Keith Cooper Public Affairs Manager 15255 Sall Lake.Avenue C;!v of:ntlusty.CA 91745 i \ y AgL i s S , SECTION 26 - MISCELLANEOUS PROVISIONS (a) Solicitation. This franchise shall authorize and permit the Grantee to solicit, subject to the City's solicitation ordinance, sell , distribute, and make a charge to subscribers within the City for connection to the cable television system of Grantee; and shall also authorize and permit the Grantee to traverse any portion of the City in order to provide service outside the City. (b) Franchise Value. This franchise agreement shall never be given any value by any Court or other authority, public or private, in any proceeding of any nature of character, wherein or whereby the City shall be a party of affected therein or thereby. (c) When not otherwise prescribed herein, all matters herein required to be filed with the City shall be filed with the City Clerk. (d) Annexation. In the event any new territory shall be annexed to the City which is contiguous to only one franchise area in the City, such new territory shall become, by operation of law, a part of said franchise area immediately upon the completion of such annexation. (e) Within thirty (30) days after the annexation the Grantee shall proceed with due diligence to obtain all necessary licenses and permits and authorizations required to conduct business in the annexed area including, but not limited to, any utility joint use attachment agreements. Within thirty (30) days after obtaining all necessary licenses, permits and authorizations including right of access to poles and conduits, the Grantee shall present to the City Council for their approval a detailed construction plan inclusive of the System proposed, and a construction schedule. In no event shall the proposed system be of lesser quality than the existing system in other portions of the City. - All construction shall be completed and basic service shall be provided to all portions of the annexed area within ninety (go) days after obtaining all necessary permits licenses and authorizations including right of access to poles and conduits. ( F) Protection of Subscriber Privacy. All matters related to subscriber privacy shall be Subject to the provisions of the Cable Communications Policy Act of 1984. - 5 2 - • • 6425.3 soliciting orders for the sale of services, goods, such licensee until such licensee has tiled with the wares or merchandise, or vending, peddling or Chief of Police the name, address and pho- hawking the same, unless such person shall have tograph of the person so authorized to act. first been requested or invited so to do by the (Amended by Ord. 1896 adopted 10-20-88) owner, occupant or person in lawful possession of such private residence. (Added by initiative 6426.1. FILED COPIES. Ord. 1188 approved 11-6-62; effective 12-29-62) No person shall sell, solicit for sale or offer for ,� ` _-- _ sale any of such material or materials upon any Sal . CEPTION, day unless a true copy of such material or mate- The provisions of Section 6425.7 and 6425.: rials has been filed in the office of the Chief of shall not apply to the activities of any Charity, . Police at or before 11:00 o'clock a.m. of said day. defined by Section 6611.2, conducted in corn ' pliance with Chapter 6 of this Article, nor shall 6426.2. DISTRIBUTING, they apply to any franchisee of the City o No • Arcadia with a valid franchise from the City o , tributin ern shall, in the disseminating, dis- ' y & Passing out,giving away, handing out, Arcadia when the solicitation is related to the selling, offering for sale, or soliciting for the sale • purpose and intent of said franchise and further of any of said materials described in Section provided the prior consent of a majority of the 6220.42,interfere with or cause interference with , City Council is obtained. (Added by initiative the normal flow of traffic u Ord. 1188 approved 11-6-62: effective l2-29-62: For the purpose goo the con streets. '. , Amended by Ord. 1649 adopted 8-15-78) ! P �o�of preventing congestion in traf- p ) tic upon the public streets, the location occupied by such person in the conduct of such business . SAME. NEWSPAPERS. on private property shall be subject to the The provisions of sections 6425.7 and 6425.8 approval of the Chief of Police: provided, how- shall not apply to the solicitation or obtaining of ever,that any subscriptions to newspapers of general circula- the Chief of Police under aggrieved this Division r may Lion. published for the dissemination of local or appeal to the Council, in which event the Coun- telegraphic news or intelligence ofa general char- cif, by order of the majority of its members acter and printed or published at regular inter- entered upon the council minutes. may affirm, vats, biweekly or more often. (Added by Ord. modify or reverse such decision of the Chief of 1196 adopted 3-5-63) Police, and the Council's action in such matter shall be final. (Amended by Ord. 1104 adopted 11-1-60: amended by Ord. 1896 adopted DIVISION 6. 10-20-88) TIP SHEETS 6426. DISTRIBUTORS, 64263. SAME. STREETS. Any person licensed under the provisions of out, give away, hand out,rsell, offer ortsale or section 6220.42 of this Code shall be entitled to solicit for the sale of any of said materials disseminate,distribute,pass out,give away,hand described in Section 6220.42 of this Code either out,sell,offer for sale,or solicit for the sale of any in violation of any provision of Chapter 2 of of the said materials described in Section Article M of this Code, or in, on, or from that 6220.56 through not more than six (6) persons portion of any street customarily travelled by during any day; provided, however, that no per- motor vehicles.(Amended by Ord. 1896 adopted son shall be entitled to act for and on behalf of 10-20-88) 227 Arcadia I.d9) , PERMIT AGREEMENT - SOLICITATION TCI Cablevision of Los Angeles County Pursuant to Arcadia Municipal Code Sections 6425.9 and 6611, et seq. (attached hereto) the undersigned agree and acknowledge that their permit to solicit is subject to the following conditions: 1 . Solicitations be allowed from the hours of 9:00 a.m. - 8:00 p.m., Monday through Friday, and from 10:00 a.m. - 5:00 p.m. on Saturday 2. That the extended hours be granted for a temporary ninety-day period 3. That after the expiration of the ninety-day period, the City Manager shall evaluate the effects of the extended hours. If, in the opinion of the City Manager, the extended hours have not created substantial problems to'residents, the City Manager may extend this permit for an additional period, subject to conditions 4. That TCI Cablevision of Los Angeles County continue to be subject to the charitable and religious solicitation provisions (6613- 6615.5) of the Arcadia Municipal Code 5. That all those engaged in solicitation shall be required to wear in a visible manner, appropriate identification with information as set form in subsection N of Arcadia Municipal Code Section 6613.13 TCI Cablevision of Los Angeles County (permittee) acknowledges that this permit and the conditions herein may be modified at any time by the City Council subject to written notice to permittee by the City. Dated: TCI .Cablevision of Los Angeles County Frank Maldanado, General Manager