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HomeMy WebLinkAboutAgenda Packet - June 5, 1995 - CC iF 4311.1111 _, The City of Azusa ..zr 213 E. Foothill Blvd., P.O. Box 1395, Azusa, California 91702-13 �9<iF'O�� (818) 812-5238 Henry Garcia City Administrator AGENDA ITEM MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL Pm- FROM: PAYMANEH MAGHSOUDI, LIBRARIAN GINNY DADAIAN, ADMINISTRATIVE ANALYST ,�tI VIA: HENRY GARCIA, CITY ADMINISTRATO DATE: JUNE 5, 1995 SUBJECT: RESOLUTION FOR THE PURPOSES OF REVIEW, THE FCC FORM 394 SUBMITTED BY CCT, INC. RELATING TO A FRANCHISE TRANSFER AND PRESCRIBING CERTAIN PROCEDURES RELATING THERETO. Enclosed is a copy of a resolution for your approval relating to certain procedural issues concerning the filing of the FCC Form 394 by Charter relating to its pending franchise transfer. Crown is now seeking the City Council approval to transfer their franchise to Charter Communications. The City currently has extended the nonexclusive franchise agreement with Crown until July 5, 1995. For purposes of review analysis and consideration the City must formally acknowledge receipt of the delivery date of the FCC Form 394 on May 1, 1995. Also the purpose of this Resolution is for the City Council to delegate to the City Administrator the authority to reject the FCC Form 394 without prejudice based upon certain grounds. Pursuant to Section 617 of the Cable Television Consumer Protection and Competition Act of 1992 ("1992 Cable Act"), and the implementing regulations of the Federal Communications Commission the City possesses 120 days from receipt of the FCC Form 394 to approve or disapprove the transaction unless the review period is extended by mutual agreement of the City and the applicant. The 120 day review period is not generally tolled by additional information requests tendered by the City. Given that fact, it is extremely important that the City act within the 120 day period since the transfer is deemed approved as a matter of law if the City takes no action within this time frame. The reason that the City Administrator be delegated the authority to reject the FCC Form 394 without prejudice is based upon several limited grounds such as a patently defective FCC Form 394, Q & *2- SS 011111121M 0 OF AZUSA Wmay PUBLIC GIORKS DEPARTMENT AGENDA ITEM TO: HONORABLE MAYOR& CITY COUNCIL MEMBERS �� FROM: LOUIE H. PEDROZA JR., SUPERINTENDENT OF P BLIC WORKS L41 VIA: HENRY GARCIA, CITY ADMINISTRATOR DATE: JUNE 5, 1995 SUBJECT: ADOPT-A-HIGHWAY PROGRAM(LITTER REMOVAL) ON THE 210 FREEWAY PROJECT BACKGROUND: Staff has been targeting the 210 Freeway to promote a positive image for Azusa. Thusfar,the Public Works Department has adopted 3.1 miles of freeway walls for graffiti removal. An encroachment permit to beautify the Vernon Ave. freeway on-ramps has been obtained. And Councils approval for the landscape project at the Azusa Ave. on/off ramps has been granted. Staff has received administrative approval to research the possibility of adopting the 210 Freeway for litter removal. Our first intent was to adopt 2 miles of freeway from Azusa Ave. west to Mt. Olive in Duarte. While staff was researching, Miller Brewery received approval from Caltrans for this territory. Caltrans has recommended the City of Azusa apply for the territory from Azusa Ave. east into Glendora to Sunflower Ave. This territory is currently assigned for litter removal,but may become available in the near future. Staff has researched litter removal on freeway property with legal counsel. The main concerns (// C were potential for liability, and if employees were to perform the program,the Public Works I employees would be the best choice as they are experienced with roadside work in high traffic j areas. Attached is the City Attorney's memo regarding Public Works involvement in the G 0 program. `� (4 (0- 213 East Foothill Blvd. , P.O. _Box 1395 , Azusa, CA 91702-1395 (878) 334-5725 PROGRAM: Caltrans requires the adoptees perform litter removal once per month. According to legal counsel,the work must be performed during regular working hours. The third Tuesday of the month would best suit our schedule. The Superintendent of Public Works is also requesting permission to participate. Staff estimates 80%voluntary participation from the Public Works employees and approximately four hours to complete the once per month requirement. Staff feels this program would promote an additional bullet to the freeway image in Azusa. The current freeway sign for graffiti removal reads, "City of Azusa Public Works Department." the sign for litter removal will read, "City of Azusa Public Works Employees." RECOMMENDATION: Staff recommends Councils approval to authorize staff to submit the application for Adopting-A- Highway (litter removal) on the 210 Freeway from Azusa Ave. east to Sunflower Ave. in Glendora. LHPJ/rm BARBOSA GARCIA & BARNES A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION HENRY S..BARBOSA• ATTORNEYS AT LAW BONIFACIO BONNY GARCIA OF COUNSEL DOUGLAS 0.BARNES SUITE 390 JOHN C.FITZGIBBONS PETER E.LA.BARN D 500 CITADEL DRIVE NORMAN LIEBERMAN JONATHAN B.STONE LOS ANGELES, CALIFORNIA 90040-1573 JOHN F. LAGLE KENNETH T.FONG AUGUSTIN R.JIMENEZ RAJEEV M.TAIWAN' ALEX M.MOISA LORIE A.CAMPOS TELEPHONE ERICK L.SOLARES (213) 889-6600 •A PROFESSIONAL CORPORATION FACSIMILE (2131 889-6605 MEMORANDUM C py VIA FACSIMILE AND FIRST CLASS MAIL TO: Louie Pedroza, Director of Public Works FROM: Alex M. Moisa DATE: February 9, 1995 RE: Permissibility of Volunteer Work Under the Fair Labor Standards Act FACTS You recently expressed an interest in having the City of Azusa Public Works Department sponsor a segment of the freeway passing through Azusa in the Adopt-A-Highway program. One option proposed is for roadside work to be performed on non-working days. Public works employees would volunteer to do this work. The volunteer work would be the same or similar to the work those employees perform on their jobs. ISSUE Whether public works employees can volunteer their time to clean the freeway off ramps in the City of Azusa. SHORT ANSWER The Fair Labor Standards Act prohibits an individual from volunteering to work for a public agency when such hours involve the same type of services which the individual is employed to perform for the same public agency. AMM\273.M DISCUSSION Under the Fair Labor Standards Act' ("FLSA"), a person may volunteer to perform service for a public agency if: (i) the individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the series for which the individual volunteered; and (ii) such services are not the same type of services which the individual is employed to perform for such public agency." §203(e)(4)(A)(ii). (emphasis added). As a rule, an individual may not perform volunteer work for a public agency which involves the same type of service the individual performs on his or her regular job with that agency. Although Congress did not intend to discourage or impede volunteer activities, Congress did want to prevent employees from being coerced to "volunteer" their services. Asking public works employees to volunteer for roadside cleaning would fall clearly within the FLSA's prohibitions. The public works employees would not only be volunteering to do work for the same public agency they normally work for, they would also be performing the same duties that are a part of their normal terms of employment. You suggested that the City might have public works employees perform roadside work during normal City work hours. This approach is permissible under the FLSA, and the most prudent course of action the City can take if it wants to participate in the Adopt-A-Highway program. Another benefit from this approach is that it puts workers on the roadside who are accustomed to working in motor vehicle traffic. Employees from other City departments probably have no experience with the dangers of working near traffic. cc: Henry Garcia 1 29 U. S . C. §§ 201 et seq. AMM1273.M COME 0 OF AZUSA PUBLIC BLIC GIORKS DEPARTMENT INFORMATIONAL ITEM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS oP'l FROM: LOUIE H. PEDROZA JR., SUPERINTENDENT OF PUBLIC WORKS VIA: HENRY GARCIA, CITY ADMINISTRATOR DATE: APRIL 13, 1995 SUBJECT: GRAFFITI REMOVAL COST FOR 1994 The Public Works Department has compiled all expenditures pertaining to graffiti removal for the year of 1994. Attached for your review are graphics as to the cost, a cost comparison chart of neighboring cities and a statistics chart which reveals that graffiti is on the decline. Azusa is the only City with a six day per week program. I hope you agree that Azusa is "Graffiti Free". However, experience has proven that it is not how many people remove graffiti, but how frequently. Even with the obvious decline in activity,we cannot let our guard down, nor our efforts to win this battle. Staff has been invited to perform a presentation on our "Graffiti Free Azusa" program at a Rotary meeting to be held at the Women's Club. We plan to make the presentation during "Public Works Week" in May. Should you have any further questions,please feel free to call me, and thank you for your support. LHPJ/rm ■■ 213 East Foothill Blvd. , P.O. _Box 1395, Azusa, CA 91702-1395 (818) 334-5125 CITY OF AZUSA 1994 GRAFFITI COST FUEL ($1,030.00 EQUIPMENT ($2,698.25 ) -MATERIAL ($3,386.23 ) LABOR ($45,380.04 ) GRAFFITI COST COMPARISON THOUSANDS (000) 1 � C7 i7'7.7 tPOMONA x.%i . Y W" ip ryev {x BALDWIN PARKA , : d,r . WEST COVI NAW =fw , s GLENDORA ; rc LA VE RN E ,.r:.. i:; AZUSA MONROVIA Y' DUARTE "..i SAN D I MAS + 1 4 C 0 0 200 �, . 400 CITY OF AZUSA GRAFFITI STATISTICS 1993 & 1994 40000 30000 20000 10000 0 \ MES SA '1'1 NGS LOCA'FIONS compliance with the anti-trafficking provisions (three year hold period) of Section 6178 or an attempt to renegotiate a franchise in a manner unacceptable to the City. Of course, any denial by the City Administrator would be without prejudice and subject to resubmission and final decision by the City Council. Please understand that at this time the Council is not denying the transfer but is rejecting the FCC Form 394. RECOMMENDATION It is staff's recommendation that the City Council adopt Resolution 95-C to formally acknowledge receipt as of the delivery date of the FCC Form 394 and to delegate to the City Administrator the authority to reject the FCC Form 394 without prejudice based upon certain grounds.