HomeMy WebLinkAboutFebruary 29, 1996~~,,~~~~~~ ~~ A G E N D A
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Meeting
February 29, 1996
5:30p.m.
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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
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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 •
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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.
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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)
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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