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HomeMy WebLinkAboutAgenda Packet - February 7, 1994 - CC 01112011501 0 OF AZUSA AGENDA ITEM MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: PAYMANEH MAGHSOUDI,LIBRARIAN GINNY DADAIAN, ADMINISTRATIVE ANALYST VIA: HENRY GARCIA, CITY ADMINISTRATOR .16 DATE: FEBRUARY 7, 1994 SUBJECT: ADOPTION OF REGULATIONS CONSISTENT WITH FCC RULES REGARDING THE RESOLUTION OF CABLE TELEVISION RATES FOR BASIC SERVICE PURSUANT TO THE CABLE ACT OF 1992 The Cable Act of 1992 allows franchising authorities to regulate rates for basic service, equipment and installation charges. The regulation process requires that municipalities be certified by the FCC, which is accomplished by filing with the FCC Certification Form 328. Certification becomes automatically effective 30 days after the date stamped on the return receipt. The City of Azusa was certified on October 18, 1993. The second step in this process is to adopt, within 120 days of certification,regulations consistent with those enacted by the FCC regarding the regulations of rates for basic service, equipment and installation charges. These regulations were recently promulgated by the FCC and are set forth at 47 C.F.R. part 76, §76.900 et seg. By adopting the FCC regulations, the City of Azusa will complete the certification process, enabling it to regulate cable service pursuant to the Cable Act of 1992. RECOIVIlVIENDATION It is recommended that the City Council approve the attached Resolution, adopting regulations11G consistent with FCC Rules pertaining to the regulation of rates for basic service. a;� \,)c:/0-/ 213 East Foothill Blvd., P.O. Box 1395, Azusa, California 91702-1395 A/' COMM 0 OF AZUSA 1!!:°;;; Ofrili9 Wmanyeway I�IIt�LZ� IJO?h s ��fI�AR7P1c.N� AGENDA ITEM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS Q'S FROM: LOUIE H. PEDROZA JR. , SUPERINTENDENT OF PUBLIC WORKS VIA: HENRY GARCIA, CITY ADMINISTRATOR �ii DATE: FEBRUARY 7, 1994 SUBJECT: CANYON PARK - LANDSCAPE ARCHITECTURAL SERVICES The Public Works Department interviewed three recommended Landscape Architect firms to develop and submit a conceptual drawing for the development of the Canyon Park. Of the three drawings submitted for review, the City Council had an opportunity to informally review the "Plaza Style" submitted by Don Napolitano & Associates. By way of background, please recall that the drawings were displayed in the City Administrator's office some time ago. In order to proceed with the actual development of the Canyon Park, plans for construction as well as landscape and irrigation will be required for the formal bidding process. Therefore, Staff is requesting Council to waive the formal bidding procedure as per A.M.C. 2 .68.010 and award the professional services of Don Napolitano & Associates to perform working documents, design services and project costs estimated in the amount of $9,740.00. This project is within the 1993/94 fiscal year capital improvement program budget, funded through the Quimby Fund in the amount of $120, 000.00. RECOMMENDATION: Staff is recommending Council's approval to waive the formal bidding procedure as per A.M.C. 2 . 68. 010 and award the professional services to Don Napolitano & Associates in the amount of $9, 740.00. )1\4 1 LHPJ/rm ■■ 213 East Foothill Blvd., P.O. Box 1395, Azusa, California 91702-1395 (818) 334-5125 • don napolitano • and associates • cIn3jn • landscape architecture • environmental planning • (909] 949-6159 January 24, 1994 Mr. Louie Pedroza Jr. Department of Public Works 213 East Foothill Boulevard Azusa,California 91702-1395 RE: PROPOSAL - SIERRA MADRE/SAN GABRIEL LEISURE PARK Dear Louie: I want to thank you for the opportunity to provide The City of Azusa with a park design for the corner of Sierra Madre and San Gabriel. It was exciting to create the conceptual design and we are looking forward to working with you and developing a successful park. As per our telephone conversation this morning, I am enclosing the proposal of Landscape Architectural services for your review. It is my understanding that the Scope of Work is to provide working drawings for the conceptual plan we submitted for the Leisure Park.As we discussed, I have included twenty(20) hours of research and coordination with Cal Trans. Because the requirements for Cal Trans can vary considerably, it is the intent of these hours to provide the information necessary to determine the extent of the requirements for this particular project. Review the proposal at your convenience. Juan and I look forward to meeting with you at 10 a.m. Monday, January 31 regarding the start of the project and discussing the Freeway project as well. Please feel free to contact me if you have any comments or questions regarding the enclosed proposal. Sincerely, D N A- Don Napolitano&Associates 4,016,0144„, Suzanne Martineau-Palmer, R.LA.#3639 end:proposal 1793 west arrow highway•suite a•upland; california • 91786 fax • (909) 985-3405 • license no. 1619 a company serving the environment • ' don napolitano and associates clnaj • landscape architecture • environmental planning • (909] 949-6159 LANDSCAPE ARCHITECTURAL CONTRACT This contractual agreement is made this 24th day of January, 1994, and is between: THE OWNER: • THE CITY OF AZUSA Department of Public Works Mr. Louie Pedroza Jr. 213 EAST FOOTHILL BOULEVARD AZUSA, CALIFORNIA 91702-1395 THE LANDSCAPE ARCHITECT: D N A - DON NAPOLITANO &ASSOCIATES 1793 W. Arrow Highway Upland, CA. 91786 (909) 949-6159 FOR THE PROJECT: SIERRA MADRE / SAN GABRIEL LEISURE PARK CITY OF AZUSA 1793 west arrow highway•suite a•upland. california • 91786 fax • (909) 985-3405 • license no. 1619 a company serving the environment • THE INTENT: It is the intent of the owner to engage D N A to perform the design services for "The Project" as described herein. The intent of the design services herein, is to provide Landscape Architectural drawings as a guide for landscape installation and to provide sufficient information for the governmental agency approval. The design services described herein is based upon information such as architectural exhibits, graphic elements, conditions, etc. provided by City of Azusa Department of Public Works, Louie Pedroza and conceptual plan drawn by D N A - Don Napolitano &Associates. A. SCOPE OF WORK: Landscape Architectural services for a Leisure Park at the corner of Sierra Madre and San Gabriel. 1. The following items shall be included in this contract: a. Landscape Architectural working drawings. b. Meetings c. Cost Analysis 2. Any additional design items not included in the Scope of Work will be completed on an hourly basis. The hourly rates are listed under Paragraph I- Additional Services. B. CONCEPTUAL PHASE: 1. DNA shall meet with the owner to determine requirements, budgets and conditions of approval. Any additional design will be completed on an hourly basis. The hourly rates are listed under PARAGRAPH I-ADDITIONAL SERVICES. C. WORKING DOCUMENT PHASE: 1. DNA shall provide the owner with working documents that delineate and meet the conditions of development. 2. Base sheet for working drawings shall be drawn at a scale of not less than 1"= 20'. 3. DNA shall provide twenty (20) hours to meet with Cal Trans, determine requirements and conditions of approval and coordinate drawings with requirements. 4. DNA shall provide thirty (30) hours for city meetings and city required revisions. 5. Working drawings shall be prepared as required by the owner. 6. Irrigation Plans shall include the following: - Automatic systems for all areas. 7. Planting Plans shall include the following: - Tree and groundcover plan. - Shrub plan ( if feasible, shrub plan may be incorporated with the tree and groundcover plan). 8. Construction Plans shall include the following: - Layout plan for hardscape. - Landscape drainage finish grading plan. 9. Irrigation and Planting Details. 10.Construction Details (7) and Notes. 11.Irrigation and Planting Specifications. D. DESIGN SERVICES DNA upon receipt of a fully executed copy of this agreement, will proceed with the design services as described within "THE INTENT". E. OWNER'S RESPONSIBILITY 1. The owner shall provide DNA, at the owner's cost, all necessary property line and topographical data applicable to the designated development. To proceed with the described design services the owner shall provide DNA with an engineering plot/grading plan of"THE PROJECT" site at a scale of not less than one inch equals forty feet (1"=40'). Owner shall provide and pay for the the following upon request by DNA if authorized in writing by the owner prior to its execution: Outside consulting services, (i.e. Agronomist, Horticulturist, Structural Engineer, Geologist, Electrical and Mechanical Consultants, etc.) where they are required by the governing authority or when, in the best _ professional judgment of DNA, they are necessary to the adequate performance of the design services. These consulting services shall have prior written approval by the owner. If services are authorized, an additional fee will be charged for coordination as per PARAGRAPH I- ADDITIONAL SERVICES. 2. The owner shall cooperate in every reasonable way with DNA by providing all pertinent documents. 3. The owner shall examine the documents supplied in order to fully comprehend the work performed by DNA. 4. The owner shall promptly pay the invoices of DNA for services and reimbursables extended in their behalf during periods stated on invoices. 5. Owner's changes that require revisions will be completed as additional work and billed at the hourly rates listed under PARAGRAPH I- ADDITIONAL SERVICES. 6. The owner shall notify DNA in writing of any engineering, architectural or other changes, and modifications to the plans. These revisions and modifications will be billed in accordance with PARAGRAPH F-WORK NOT INCLUDED IN THE LUMP SUM AGREEMENT and PARAGRAPH I-ADDITIONAL SERVICES. • F. WORK NOT INCLUDED UNDER THE LUMP SUM AGREEMENT 1. Plan submittal, plan check fees, permit fees, landscape review and review fees as may be required by the governing public authorities (including fees of consultants hired by those authorities). 2. Reproductions of landscape drawings and specifications. 3. As-built drawings and specifications. 4. Outside consulting services as described in PARAGRAPH E- OWNER'S RESPONSIBILITY. 5. Field surveys to determine location of utilities, site features, etc. 6. Revisions or modifications to documents when such revisions or modifications are inconsistent with approvals, instructions, or schedules previously given or are required by the enactment or revision of codes or laws by governmental agencies having jurisdiction over the project subsequent to the preparation of such documents. 7. Meetings and site visits beyond that defined in the scope of work as may be required by governing agencies or the owner. Including site visits as described in PARAGRAPH M- SITE OBSERVATIONS. 8. AB 325 and related governing agency or owner water conservation regulation documents, calculations, and drawings beyond that defined in the Scope of Work. 9. Pump design and/or details. 10.Landscape installation, certifications and site observations. G. DESIGN FEES 1. CONCEPTUAL PLAN Any additional conceptual work shall be completed on an hourly basis at the listed hourly rates under PARAGRAPH I -ADDITIONAL SERVICES. 2. WORKING DRAWINGS a. Base sheets and cover sheet b. Irrigation plan c. Irrigation details d. Tree and groundcover plan e. Shrub plan f. Planting details g. Construction plan h. Construction details and notes i. Irrigation and planting specifications Working Drawings $ 9,740.00 TOTAL CONTRACT $ 9,740.00 H. DESIGN FEE PAYMENT 1. All work to be billed monthly based on the percentage of work completed. 2. Owner to pay all DNA invoices within fifteen (15) days of receipt. I. ADDITIONAL SERVICES 1. Additional services including, but not limited to those mentioned in PARAGRAPH F of this agreement shall be negotiated and authorized in writing prior to services being performed at the following hourly rates: PRINCIPAL LANDSCAPE ARCHITECT $ 85.00 PROJECT DESIGN MANAGER 55.00 LANDSCAPE DESIGNER 35.00 PROFESSIONAL STAFF 25.00 TRAVEL (plus hourly rate, see item 2a. below) 2. Reimbursable items shall be billed at cost plus 15% for handling. These items are identified as follows: a. Expense of transportation in connection with the Project (mileage $0.35/mile); expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. b. Expense of reproductions, enlargements, reductions, screening, etc. postage and handling of drawings and other documents. c. If authorized in advance by the Client, expense of overtime work requiring higher than regular rates. d. Expense of special renderings, models and mock-ups requested by the Client. J. OWNER'S RIGHT TO TERMINATE AGREEMENT The owner has the right to abandon or suspend any portion of the building project prior to the completion of this landscape architectural agreement. In said event, DNA shall be paid for all services actually performed and completed to date as determined under PARAGRAPH G-DESIGN FEES. Scheduled items not completed but upon which work has been performed shall be paid for upon the basis of estimated extent of completion. K. TIME SCHEDULE DNA shall initiate work upon receipt from owner of this signed agreement and all necessary plans and tract conditions. DNA acknowledges the importance to the Client of the project schedule and agrees to put forth its best professional effort to perform its services in a manner consistent with that schedule. The Client understands, however, that DNA's performance must be governed by sound landscape architectural practices. DNA shall not be responsible for delay's caused by circumstances beyond its reasonable control. • L. PLANS AND SPECIFICATIONS - OWNERSHIP OF DRAWINGS All designs, ideas, plans, and specifications are instruments of service protected by copyright and remain the property of DNA. The owner therefore, is restricted from using these plans and specifications for projects other than for "The Project" specified herein. M. SITE OBSERVATIONS All site visits, meetings, and/or observations required as per plan specifications, owner and/or agency requirements shall be authorized and performed as per conditions in PARAGRAPH I-ADDITIONAL SERVICES. As per plan specifications DNA shall be notified for job site meetings and observations, DNA shall not certify compliance of plans of that which DNA has not been in attendance of the scheduled observations. In such cases, DNA's liability shall be limited to the extent of the actual observations completed. N. CERTIFICATIONS As per plan specifications DNA will complete the necessary governmental certifications only if DNA completed the site observations per the plans, specifications and governmental agency requirements. All such site observation and certification work to be authorized and completed per PARAGRAPH I- ADDITIONAL SERVICES. DNA does not certify that which goes beyond the scope of this professional knowledge, services, or review. O. ATTORNEY'S FEES If either party is required to seek legal counsel to enforce any provision of the contract, the successful party in said enforcement action will be entitled to reasonable attorney's fees whether said action goes to trial or is settled prior to actual court litigation. P. LIMITATION OF LIABILITY DNA's liability hereunder is limited to the extent of net fees on this project. DNA assumes no liability for construction methods or estimated or probable construction costs or irrigation designed by others. Any claims shall be subject to arbitration and all claims to be limited to one year following completion of this project. Q. PUBLICITY It is agreed in the event this project received any publicity originating from the owner or his agents, DNA will receive full landscape architectural credits within the confines of such publicity. R. ENTIRE AGREEMENT 1. This agreement constitutes the whole agreement between the parties hereto with respect to the subject matter hereof, and neither party nor any of its agents or employees has made representations, except as specifically provided herein. • 2. Neither party in executing or performing this agreement is relying upon any statement of information to whomsoever made or given directly or indirectly, verbally, or in writing, by any individual or corporation except as specifically provided herein. S. LANDSCAPE ARCHITECTURE REGULATION Landscape Architects are regulated by the California Board of Landscape Architects. Any questions concerning a Landscape Architect may be referred to the Board at: Board of Landscape Architects 400 R Street, Room 4020 Sacramento, CA 95814 (916) 445-4954 ACCEPTED BY: ACCEPTED BY: 4C>&444114044...M Mr. Louie Pedroza Jr. Ms. Suzanne Martineau-Palmer City of Azusa, DNA Department of Public Works - 24 -9+ Date Date RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING REGULATIONS CONSISTENT WITH THOSE PROMULGATED BY THE FEDERAL COMMUNICATIONS COMMISSION (FCC) REGARDING THE REGULATION OF CABLE RATES PURSUANT TO THE CABLE ACT OF 1992 THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City of Azusa desires to secure the right to rate-regulate cable television operators within the City, and WHEREAS, the City of Azusa submitted to the FCC the appropriate certification form on October 4, 1993 and on became certified to regulate cable rates pursuant to the Cable Act of 1992, and WHEREAS, prior to regulating cable rates, and within 120 days of the effective date of certification, the City of Azusa must adopt regulations consistent with the FCC's basic service tier rules and providing a reasonable opportunity for consideration of the views of interested parties. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the Cable Television Consumer protection and Competition Act of 1992, the City of Azusa adopts the following regulations consistent with the FCC rules regarding the regulation of basic cable television service rates, equipment and installation charges, pursuant to the Cable Act of 1992, and any further and applicable FCC regulations, as set forth at 47 C.F.R. Part 76, §76.900 et seq. I. RATES (1) The City of Azusa (the City) will regulate cable television rates pursuant to the Cable Act of 1992. (2) All charges to subscribers and users shall be consistent throughout the franchise area with a written schedule or fees for all services offered available upon request. The cable franchisee shall be required to apprise in writing each new subscriber of all applicable fees and charges for providing cable television services. (3) The franchisee shall not, with regard to fees, discriminate or grant any preference or advantage to any person; provided, however, that the franchisee may establish different rates for different classes of subscribers or users based upon cost of service differentials; provided that the franchisee not discriminate between any subscribers or users of the same class. (4) Customer-requested disconnection shall be made as soon as practicable and in no case shall billing continue longer than ten (10) days following written notice to the franchisee of same by subscriber. The franchisee shall not enter into any agreement with a subscriber which imposes any charge other than past due balances and unreturned equipment charges following disconnection of service, except for reconnection and subsequent monthly or periodic charges, and those charges shall be no greater than charges for new customers. This section shall not prevent the franchisee from refusing service to any person because the franchisee's prior accounts with that person remain due and owing. (5) Except as may otherwise be provided in the franchise agreement, the franchisee may offer service which requires advance payment of periodic service charges for no more than one year in advance subject to the conditions contained in this subsection. • III. PUBLIC DISCLOSURE OF INFORMATION (1) All complaints or filings in a rate proceeding will be open to public inspection unless the complainant or filer requests anonymity. (2) All documents and communications filed by the franchisee during a rate proceeding will be open to the public unless a request has been made by the franchisee that proprietary information not be routinely available for public inspection pursuant to the Cable Act of 1992 and consistent with the provisions of the Freedom of Information Act. SECTION 2. That a certified copy of this Resolution be mailed to the present and future cable operators conducting business within the City of Azusa. SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution, shall cause the same to be entered in the Book of Original Resolutions of the City of Azusa. ADOPTED AND APPROVED this day of , 1994. MAYOR I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the day of , 1994 by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: CITY CLERK (A) A subscriber shall have the right, at any time, to have his or her service, or any portion thereof, disconnected with a refund for unused service charges paid to the customer. (B) Refund checks will be issued promptly, but no later than either: (i) The customer's next billing cycle following resolution of the request of thirty (30) days, whichever is earlier; or (ii) The return of the equipment supplied by the franchisee if service is terminated. II. RATE REGULATION (1) The City has certification to regulate cable television rates for basic service. (2) All materials pertaining to the review of initial rates or any proposed rate increase will be reviewed by the City. Final determinations will be made by the City based on its reports and on public comment as required by the Cable Act of 1992. (3) All notices and supporting materials will be provided to the City one week before the City's regularly scheduled City Council meeting that is at least thirty (30) days before any proposed increase is effective for placement of the agenda. (4) The next business day after the meeting, the City will issue a press release with information pertaining to the pending rate action and instructions for public participation. (5) The franchisee will notify subscribers of any proposed increase at the billing cycle that is at least thirty (30) days before said increase is to become effective. Notice will list the FCC community identifier for the cable system and the name, address and phone number of the cable contact person for the City so that information regarding procedures for public participation is readily available to the subscriber. (6) Public comment will be taken by phone or in writing by the City. Any comments will be filed with the City up until the date of the meeting at which the basic rate action is scheduled. The City has the option to accept oral comment at the aforementioned meeting. (7) The City will request further information if needed within one week and will issue preliminary determination of the reasonableness of the rate request to the City within 10 business days after the meeting. (8) Failure to provide any reasonably requested materials will automatically invoke the extended time periods for review under the Cable Act of 1992. (9) Determination of the reasonableness of initial rates or any proposed rate increase will be made pursuant to the Cable Act of 1992. (10) The City reserves the right to prescribe a reasonable rate for the basic service tier or associated equipment if it is determined that a proposed rate is unreasonable. (11) The City will order refunds to subscribers, including interest computed at applicable rates published by the Internal Revenue Service for its tax refunds and additional tax payments. Notice and opportunity to comment will be provided. (12) The City will assist residents with filing complaints regarding cable programming service rates with the FCC.