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CC - 04-28-87• 0 MINUTES OF THE REGULAR MEETING ROSEMEAD CITY COUNCIL APRIL 28, 1987 AT 8:00 P. M. APPROVED CITY OF R0:3 ,.EAD DATE___`: FiY The Regular Meeting of the Rosemead City Council was called to order by Mayor Imperial at 8:09 p. m., in the Council Chambers of City Hall, 8838 E. Valley Blvd., Rosemead, California. The Pledge to the Flag was led by Mayor Pro Tem Cleveland. The Invocation was delivered by Reverend Jerry Gunderson. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, Cleveland, McDonald, Taylor .and Mayor Imperial Absent: None APPROVAL OF MINUTES: MARCH 31, 1987 - ADJOURNED MEETING MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN BRUESCH that the Minutes of March 31, 1987 adjourned meeting be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: APRIL 14, 1987 - REGULAR MEETING Councilman Taylor requested that the Minutes be deferred and that the City Clerk type a verbatim portion on the Shopper Shuttle Item CC-J. There being no objection, it was so ordered. PRESENTATIONS: Manuel Almeida, Deputy Leonard Lee and Deputy .Michael Soop Mayor Imperial presented a proclamation to Manuel Almeida declaring May 3 through May .9 as Hire a Veteran Week. Mr. Almeida expressed his appreciation to the City Council, and he stated that he had a proclamation of commendation to present to a Rosemead employer for their hiring of 259 veterans in the year of 1986 alone. The recipient of the award was the Southern California Edison Company. Mayor Imperial presented proclamations to Sheriff's Deputy. Michael Soop and Sheriff's Deputy Leonard Lee for saving the lives of six people who were rescued from a burning house. REORGANIZATION OF THE ROSEMEAD CITY COUNCIL A. Mayor's Seat vacated and City Manager entertained the nomination for the office of Mayor. Councilman Bruesch nominated G. H. Pat Cleveland as Mayor.. Frank G. Tripepi, City Manager, inquired if there were any other nominations other than Pat Cleveland. There being none, the nominations were closed and an unanimous ballot was cast for G. H. Pat Cleveland as Mayor of Rosemead. Mayor Cleveland requested nominations for Mayor Pro Tem. Councilman Taylor nominated Councilman Bruesch as Mayor Pro Tem. Mayor Cleveland inquired if there were any other nominations. There being none, nominations were closed and an unanimous ballot was cast for Robert Bruesch. Mayor Cleveland appointed Jay T. Imperial as alternate to the Sanitation District of Los Angeles. Mayor Cleveland stated that there were some presentations to be made to out-going Mayor Imperial. CM 4-28-87 Page #1 • Frank G. Tripepi, City Manager, introduced Bob Ogert from Assemblywoman Sally Tanner's Office. Bob Ogert presented Councilman Imperial with a California Legislature Certificate of Recognition in honor of an outstand- ing and dedicated service to the people of Rosemead. Frank G. Tripepi, City Manager, introduced Chief Harold Mc Cann. Chief Hal McCann presented Jay Imperial with a plaque which was a thanks for all the years of service and cooperation with the Fire Department. Frank G. Tripepi,, City Manager, introduced Arnie Darrow, President of the Rosemead Chamber of Commerce. Mr. Darrow, on behalf of the Board of Directors of the Rose- mead Chamber of Commerce, presented Jay Imperial with a plaque in- appreciation of his distinguished and dedicated service. Frank G. Tripepi, City Manager, introduced Ray Gibbs, repre- senting the West San Gabriel Valley Consortium. Ray Gibbs presented a Resolution of Commendation to Jay T. Imperial for his long standing and continuing support of the West San Gabriel Valley Consortium. Frank G. Tripepi, City Manager, introduced John Steelesmith and Gregg Edeson of Southern California Edison Company. John Steelesmith expressed his appreciation to all the Council and in particular Jay Imperial for the excellent leadership during this past year, and commended him on his outstanding community ser- vice. The entire Council.presented Jay Imperial with a plaque in recognition of his outstanding leadership and dedicated service to the City of Rosemead as Mayor from April,1986 to April, 1987. Mayor.Cleveland expressed his appreciation to the members of the City Council and the citizens of Rosemead for being selected as Mayor of the City of Rosemead for the coming year, and promised to do everything in his power to justify their confidence. Councilman Imperial expressed his appreciation to all those wonderful people who honored him this evening, and he especially thanked the Council and the staff for all the support that was given to him for the past year. Mayor Pro Tem Bruesch expressed his appreciation to his colleagues for the..honor of being selected the-Mayor Pro Tem of the City of Rosemead. I. ORAL COMMUNICATIONS . A. Juan Nunez, 2702 Del Mar, protested CUP 87-369 which was approved by the Planning Commission for the applicant, the Chinese Church for Christ, who is building a library across the alleyway of 3242 Del.Mar. He commented that the Planning Commission is plan- ning to vacate part.of that alley, and he did not feel that the alleyway should be vacated. Robert Kress, City Attorney, stated that the.Planning Commission discussed and referred back to staff the idea of vacation of the alley and no action was taken to vacate the alley. That will have to be brought back to the Planning Commission for their recommenda- tion and then to the City Council. There had been no formal consi- deration given to the vacation of the alley. He added that if Mr. Nunez wanted to file an Appeal, he.would have to file it in writing and along with a $50 fee, and it has to be.filed with the..City Clerk. However, if he just wanted to discuss the vacation of the Alley, and not the CUP, that will be a later hearing and does not need an appeal. CM 4-28-87 Page #2 • • Juan Nunez stated that he was not opposed to the Library, only the vacation of the alley. He had not had an opportunity at the Planning Commission meeting to speak against the alley, and he did not want them to think that there was no one opposed to it. Robert Kress, City Attorney, stated that Mr. Nunez would get notice of the procedings. Mr. Nunez stated that he wanted an opportunity to speak on Legislative Items A and C, and on the Consent Calendar CC-A and CC-C, and on item V, A, B, C and D. Mayor Cleveland stated that he would be given the opportunity when those items came up. B. Maggie Clark, 3109 N. Prospect, spoke on behalf of RCCA which is concerned with protesting the placement of a high school in Rosemead, and expressed appreciation for the Councilmembers who attended a Pot Luck Fundraiser, and a special thanks to the excellent auctioneering of Mayor.Pro Tem Bruesch who commanded fantastic prices for items of dubious value, and they collected a total of $400. She expressed appreciation to the Rosemead City Council for caring about this high school issue. . Maggie Clark also requested the return of pictures that were taken of the hillside site in Monterey Park. Frank G. Tripepi, City Manager, stated that they would be returned to her. III. LEGISLATIVE A. RESOLUTION NO. 87-15 - SAN GABRIEL VALLEY TRANSPORTATION ZONE Mayor Cleveland stated that he had requested that this item be brought back for reconsideration since Councilman Imperial had not had the opportunity for input on this item at the last meeting. MOTION BY MAYOR CLEVELAND, SECONDED BY COUNCILMAN TAYLOR that Resolution No. 87-15 be presented for reconsideration. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Imperial stated that at first he had not been in favor of the San Gabriel Valley Transportation Zone and that there was adequate transportation in Rosemead and there was no need for any other; however, after looking over some of the in- formation he had received, it was a fact that the RTD was going by the wayside. He felt that he would have no problem with the County putting this Transportation Zone together and having the support of the.City to do so. Bill Forsythe, representative from Supervisor Pete Schabarum's Office, conveyed to the Council that the operating cost savings.are even more favorable than was originally estimated. The cost savings for the lines that have been bid, are running from 507 to 60% instead of 257 to 307.. He stated that they would like the opportunity to explore further and have Rosemead participate in the benefits of these cost savings. He added that the proposal is not,at first, to expand the service, but to operate the same service for less money. Mr. Forsythe stated that the buses would be leased the first:year, either from the manufacturer or through a bank loan and that the County will pay for in'conjuction with the grant money that will come in from the Federal Government. After the first year, the buses will be purchased. All the buses will be new, and will be accessible to the handicapped. Councilman Bruesch inquired how much the savings would be dealing with the lowered cost of capital outlay, due to the fact that the buses are being leased and not purchased. Mr. Forsythe stated that the cost comparison of 607 lower than RTD is based upon operating cost alone, and not capital equipment. CM 4-28-87 Page #3 Councilman Imperial stood;' there will be no thing falls into place, services. U stated that from what he has under- reduction in the services and if every- there will eventually be an increase in Mr. Forsythe stated that was true. Councilman Taylor requested that the minutes reflect the state- ments he made at the last meeting regarding his objections to the Transportation Zone. "He recognizes that the many problems that RTD has; however, he did not feel that the problems would be resolved with the San Gabriel Transportation Zone proposal. He compared it to the breakup of the AT & T, and although they had promised that it was going to be better for the consumer, now it is the consumer who is paying the price and nothing has improved"'. Juan Nunez, 2702 Del Mar, questioned what the RTD has been doing wrong that this new Transportation Zone would be saving 60%. Councilman Imperial stated that the RTD is a great big bureau- cracy and someone finally caught up with it. He felt that this would save money for the taxpayers. Mr. Nunez inquired if the City would be harnessed with some of RTD costs. Councilman Taylor stated that it would be double funding to a certain extent, and although it is 60% cheaper, two systems would be supplemented. There will be five systems going through Rosemead at one time or another. Robert Kehne, 4436 Ivar Avenue, stated that he felt that this proposal was too good to be true, and he felt that Rosemead should not be duped into voting for it. The following Resolution No. 87-15 was presented for adoption: RESOLUTION NO. 87-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING THE FINAL ZONE APPLICATION AND PARTICIPATION IN THE FORMATION OF THE SAN GABRIEL VALLEY TRANSPORTATION ZONE JOINT POWER AUTHORITY MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN McDONALD that Resolution No. 87-15 be adopted. Vote resulted: AYES: Councilmen Imperial, Mc Donald and Cleveland NAYES:.Councilmen Bruesch and Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Bruesch stated that his "no" vote.was not against the concept of transportation zone. He was in favor of transpor- tation zones locally. His "no" vote was because this was not the answer to the transportation problems. He has received SCAG Agendas on the.Transportation Committee and the latest demographics show that we are heading towards a terrific crisis in the movement of our people. He felt that the only answer to the problem of grid- lock is to get the people out of their cars and into public transit. He felt that this transportation zone was only a diversionary tactic, and it is not an answer to the major problem and it.is only a band-aid. Councilman Imperial stated that he voted for the proposal be- cause he felt that if there is a possibility of an answer, he would like to try it. He has seen what RTD has done and he is not pleased with that, and he wants to give this transportation zone a chance. CM 4-28-87 Page #4 B. RESOLUTION NO. 87-16 - CLAIMS & DEMANDS RESOLUTION NO. 87-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING.CERTAIN CLAIMS & DEMANDS IN THE SUM OF $468,929.74 NUMBERED 00184-00204/19211 THROUGH 19338 INCLUSIVELY MOTION BY COUNCILMAN McDONALD, SECONDED BY COUNCILMAN BRUESCH that Resolution No. 87-16 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. C. ORDINANCE NO. 604 - RELATING TO MOTEL & HOTEL REGULATIONS Juan Nunez, 2702 Del Mar, commented on the Ordinance Councilman Bruesch stated that he had a reservation regard- ing this ordinance in relation to the meaning of a feasibility study, item 0.. He stated that he would like something added to the ordinance that would show that there are not too many motels in the area. He commented that the feasibility studies shown in the packets for relief from the moratorium relating to motels and hotels did not show that information. Robert Kress, City Attorney, stated that the last sentence in section 0 states: The study shall include data to support a finding that there is a demonstrated need for the project and that the pro- ject will economically- benefit the community as a whole. He remarked that that sentence would provide that level of information that would allow for that finding to be made. He commented that the items re- questing relief from the moratorium which will be heard later tonight were not developed in accordance to these regulations. They were developed prior to, and without any assistance or direction from the staff. If there would be a new application initiated, he felt sure that the staff would discuss with the applicant just what the Com- mission and Council would like to see in this item. Councilman Bruesch inquired if both Ordinances 604 and 605 are adopted, would there not be a variance requested instead of. request for relief from the moratorium. Gary Chicots, Planning Director, stated that it would take 30 days before the Ordinance No. 604 would be in effect, and they could.not apply for a variance until Ordinance No. 604 became ef- fective. Councilman Bruesch stated that the direction to the Planning Commission was that these relief requests comply with this ordinance in that they supply an economic feasibility study, and he did not see one.in those applications for relief. Frank G. Tripepi, City Manager, stated that there':had not been a requirement that a feasibility study be provided with their appli- cations of relief because they are requesting development of their projects prior to the effective date of this ordinance. Councilman Taylor commented on Section F of the Ordinance and questioned if it would be appropriate to insert a clarification by adding: .or a combination of rooms to the sentence so that:no.one would move from one room to another in order to stay more than the 30 days allowed. . Councilman Imperial commented on a Motel owner who swore that there would be no permanent residency at his place, and he has been told by residents that he is renting by the week and month. Fie felt that this ordinance just does not go far enough to stop the long term residency. He felt that it should go back to the drawing board and it needs further restrictions. Robert Kress, City Attorney, stated that this would be a change to the Ordinance and it would require axe-introduction. Councilman Taylor stated that he did not agree that it was a significant change only a clarification. CM 4-28-87 Page #5 • 0 Frank G. Tripepi, City Manager, suggested that the words "as an occupant" be used to have the sentence read: "The owner and/or operator of such hotel or motel shall not permit any person as an occupant in such hotel or motel for a period in excess of thirty (30) consecutive calendar days, except for one (1) permitted manager's unit; and". Councilman Taylor stated that he accepts the City Manager's modification. . The following Ordinance No. 604 was presented for adoption as amended. ORDINANCE NO. 604 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING HOTEL AND MOTEL REGULATIONS MOTION BY COUNCILMAN McDONALD, SECONDED BY COUNCILMAN BRUESCH that Ordinance No. 604 be adopted. Vote resulted: AYES: Councilmen Bruesch, McDonald, Taylor and Mayor Cleveland NAYES: Councilman Imperial ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Imperial stated that the reason for his "no" vote was because he felt that this ordinance does not go far enough to protect the City. Councilman Taylor stated that he would appreciate any suggestion that Councilman Imperial might have in improving this Ordinance and he agreed that there was some need for additional control. Councilman Imperial stated that a-suggestion would be that there is no recreation area required in these motels and hotels for people who come with children and stay up to the 30 days. D. ORDINANCE NO. 605 - REPEALING ORDINANCE NO. 599 Robert Kehne, taken of the local rate is 40.1%. He with vacancy rates with continuing to that there are alr 4436 Ivar Avenue; stated that a survey had been Motels and Hotels and it shows the average vacancy stated that there are'570 hotel rooms in Rosemead from 12.8% to 94.5%. He had a lot of problems build motels and hotels within the City. He felt wady too many and Rosemead does not need any more. Robert Kress, City Attorney, stated that a business cannot be prohibited that can be regulated, and he commented that the purpose of the moratorium was to freeze all projects until the Planning Department could make recommendations to the Planning Commission and they in-turn could recommend to the City Council the adoption of such regulations, which just took place. This Ordinance creates a Conditional Use Permit requirement so that every project that comes through has to be justified,subject to confirmation of the Planning Commission and on Appeal by the City Council. He felt that it will not'be easy to come in and build a new project that will meet the requirements of this ordinance. Councilman Bruesch stated that the survey presented by Mr. Kehne is what he expects to be in every single agenda packet. He reiterated that when a project is brought before the Council, he wants to have that group of statistics available to the Council for review, and he agrees with Mr. Kehne 100% in that it is not only the project that has to be considered but the overall business climate in the City. Even if the project would be a financial success for the developers, but it would cause a problem to the marginal motels that would be eventually renting out rooms for $15 a night, and this is what he would not be willing to allow. He stated that unless he.sees'in each one of the feasibility studies a real need, he will not vote for the projectand he felt that this ordinance would give him that opportunity. If any project comes before the Council without that information, he would request that the project be returned to staff until that infor- mation is made available. CM 4-28-87 Page N6 0 . 0 The following Ordinance No. 605 was introduced for its first reading: ORDINANCE NO. 605 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REPEALING ORDINANCE NO. 599 WHICHIMPOSED A MORATORIUM ON THE CONSTRUCTION OF HOTEL OR MOTEL PROJECTS MOTION BY COUNCILMAN McDONALD, SECONDED BY COUNCILMAN BRUESCH that Ordinance No. 605 was introduced and the reading in full, be waived. Vote resulted: AYES: Councilmen Bruesch, McDonald, Taylor and Mayor Cleveland NAYES: Councilman Imperial ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Robert Kress, City Attorney, inquired of Councilman Imperial if the record could reflect that the Ordinance not be read in its entirety. Councilman Imperial stated yes. E. RESOLUTION NO. 87-17 - BONELLI PARK/OPEN SPACE Councilman Taylor stated that he was in support of the Resolu- tion; however, the information that was requested has not been pro- vided. Councilman Bruesch stated that the County is studying this whole issue and will come up with a plan in June, and although he stands by his opinion that every bit of open space is needed and he does not like the idea of commercializing open space, he would be willing to table this item until June or until such time as the County comes out with their revised plan. He did want staff to maintain contact with San Dimas and L. A. County regarding this matter to see what negotiations will be made between the cities and the County. Councilman McDonald seconded the request to continue.this item to a later date. Councilman Taylor requested that staff get as much information that is available on this matter. There being no objection, this item will be continued. IV. CONSENT CALENDAR (CC-E and CC-F deferred) Juan Nunez, 2702 Del Mar, commented on CC-A and inquired who patrols or.monitors the Street Sweeper. He stated that the portion on Garvey that is west of Del Mar has not been swept for a long time. Councilman Taylor stated that there was night sweeping on Garvey and if there are cars parked on Garvey the sweeper would go around them. Mr. Nunez stated that he had not seen any No Parking Signs on Garvey. Frank G. Tripepi, City Manager, stated that Garvey is swept two night a week, Tuesday and Thursday from 2:00 a.m. to 6:00 a.m. Councilman Imperial commented that before the contract with R. F. Dickson, there was really a terrible problem. This contract is a good one; however, no matter how good it is, there are always problems that can crop up. He added that the staff can take care of those problems, but basically he felt that the contractor has done agood job. CM 4-28-87 Page #7 Councilman Taylor inquired.what specific property should be checked into. Juan Nunez stated that it was west of Del Mar on Garvey and in front of the Monterey Apartments. Councilman Bruesch commented that in front of the apartment there are cars parked there all night long, and,therefore,the sweeper may not be able to clean that particular section of the street. He stated that this problem should be referred to the Traffic Commission for consideration of a parking.restriction on Tuesday and Thursday night street sweeping. Councilman Taylor requested.staff to monitor this property for a period of two weeks and have it brought back to the City Council. This would show if the parking on the street is caus- ing the street sweeper from missing certain areas on the street, and if that is the case, the street should be posted for No Park- ing on Tuesday and Thursday nights. Juan Nunez stated that he had a problem with the agreement with the Rosemead Foundation and the City, and he inquired how much money is planned to be distributed to the Foundation for the four year period. Frank G. Tripepi, City Manager, stated that it would be approx- imately $96,000 a year, and for a period of four years it would be in the neighborhood of $400,000. Juan Nunez inquired if the City could not promote itself with that kind of money. Councilman Taylor stated that could be done; however, the . Chamber of Commerce being a'private organization can better serve that need. He felt that whether the money is spent by City Hall or whether a Tourist Center is built, it will be for the businesses and the community of Rosemead. CC-A CONTRACT RENEWAL/STREET SWEEPING CC-B AUTHORIZATION OF WE-TIP.ADVERTISEMENT CC-C AGREEMENT BETWEEN CITY AND ROSEMEAD FOUNDATION, INC. CC-D CLAIM AGAINST THE CITY ON BEHALF OF KARTHRYN SHERWOOD CC-G BARTLETT AVENUE RECONSTRUCTION/CUL-DE-SAC DESIGN CC-H AMENDMENT TO AGREEMENT/ADULT SLOW PITCH SOFTBALL UMPIRES MOTION BY COUNCILMAN TAYLOR; SECONDED BY COUNCILMAN McDONALD that the foregoing Items on the Consent Calendar be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. CC-E ACCEPTANCE OF ROAD DEEDS AND PERMITS TO ENTER FOR STEVENS AVENUE PROJECT Councilman Bruesch inquired if the whole lot was being taken or only the right-of-way. Donald Wagner, Assistant City Manager, stated that the property owner was reluctant to dedicate the right-of-way necessary to widen the.street and an agreement was reached between the right-of-way Agent and the property owner for the removal of some trees on.the property. Councilman Bruesch inquired if the removal of the ten trees would be cheaper than condemning the right-of-way. .Donald Wagner, Assistant City Manager, stated that it would be a savings of about $2500. CM 4-28-87 Page #8 MOTION BY COCILMAN BRUESCH, SECONDED* COUNCILMAN McDONALD that the Road Deeds and Permits to Enter be accepted for the Stevens Avenue Project. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried.and so ordered. CC-F SIDEWALK REPAIRS IN VARIOUS STREETS/ACCEPT BIDS AND AWARD CONTRACT Councilman Bruesch requested that,in the future no matter how small a street improvement project is, the names of all the streets that are to be improved be listed in the packet. Councilman Taylor inquired if these were miscellaneous street improvements. Frank G. Tripepi, City Manager, stated that these are pieces throughout.the City, just miscellaneous portions of streets that need.improvement. Councilman Bruesch stated that all he wanted listed was the number of the block of the particular street in question. Donald Wagner.stated that would be done. MOTION BY COUNCILMAN BRUESCH, SECONDED BY COUNCILMAN IMPERIAL that the Contract be awarded to Pinco Construction Co., for the sidewalk repairs in various streets in the City. Vote resulted:. UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Imperial directed staff to contact each and every Councilmember to find out if,there are any problems that can be resolved prior to the meeting or if there are questions to be asked or more information is needed. Mayor Cleveland stated that was a very good suggestion. V. MATTERS FOR DISCUSSION &.ACTION E. VIETNAM MEMORIAL. Mr. William Hynek commented that he would be happy to answer any questions regarding the Vietnam Memorial. Councilman Bruesch inquired what the difference was between the low cost granite and the high cost granite. Mr. Hynek stated that there is a great variance in the cost of granite depending on where it is quarried and,fabricated. He stated that the blacker, darker the finish the more expensive the granite becomes. He remarked that the blackest granite is from India, and it is a very dark, hard granite. He added that the other cost is dependent on where it is fabricated, which is the cutting and polishing of the material itself. Councilman Taylor requested that his comments be placed in the minutes verbatim so that there is no misunderstanding on,his thoughts as far as this memorial is concerned. Taylor: I think it is a good idea to.have the memorial, but by the same token, I think it is excessive. In the sense that a seven foot high wall, 40 feet long, is going to either look ter- ribly barren or blank, in the sense that, I am not sure how many names we have to put on the memorial right now. I know these military people have served our Country, and that's why I think it is a worthwhile project, but by the same token, I want it to have the dignity that it needs, rather than the blankness that it will have on a 40 foot long wall. I would hate to see a large blank, wall with the possibility, and God forbid, another war, and wars have been here since mankind has been on the earth, but I would hope that it would never have to be filled up. As far as many, many more names added to that memorial. As I said, I want the dignity and the respect that that wall would command,but not a total blank face when someone would look at it and say what is that wall for. So if we can come to a moderate size, I.can support it wholeheartedly,.but I don't want a large blank wall sitting in the City of Rosemead for a future war. Now, that can be taken wrong by. some people, but it is not intended to be any disrespect to any person that has served their country and has given their life for it. That is all I have at this time. CM 4-28-87 Page N9 • • Councilman Bruesch stated that he agreed with Councilman Taylor and he added that he would prefer the visually pleasing memorial with higher gloss and better quality granite and a shorter wall and less lengthy wall. He felt that if the length and height of the wall could be compromised, then the higher quality.of granite could be used to make it more visually pleasing. Councilman Taylor inquired how many names would be going on this wall at the present time. Frank G. Tripepi, City Manager, stated that there are seven names. Councilman Taylor stated that he felt those seven names would look minuscule on a wall that size, and he felt that the wall is just too large for what is intended. Councilman Imperial stated that since this was his request, and he felt very strongly about it, he inquired why the architect had made the wall this size. Mr. Hynek stated that the intent was that this wall would not only be a Vietnam Memorial, but it could be a All-War Memorial Wall and in fact could be expanded to an all-city memorial wall. This wall could used for not only Vietnam Veterans, but for people who have served the City as well. Councilman Imperial stated that the wall could be used for people who have served the community as well. Councilman Taylor inquired what the All-City memorial was. Councilman Imperial stated that it could be someone who gave his life to save someone else in the City, like Fire or.Policemen. He stated that he did not have a problem if the City Council wanted to defer this item for further study, but he did not want to put a price-tag on a persons service to their country. Councilman Taylor stated that at no time had he put a price- tag on the project. He only wanted the respect and the dignity that it could give, and not just a large,blank wall. Councilman Bruesch requested that when this project is brought back for the Council's consideration, a couple of schematics be presented with the proposal. He wanted to see the best quality of granite used in the wall. There being no objection, this item was deferred to a later date. V. MATTERS FOR DISCUSSION & ACTION A. REQUEST FOR RELIEF FROM MORATORIUM ORDINANCE NO. 599/ 8463-71 GARVEY AVENUE, 52 UNIT - TRAVELODGE Mr. Malcolm Kao, 1912 Via Del Rey, South Pasadena, representa- tive of the owner Robert Chow, spoke. in support of.,the project at 8463-71 Garvey Avenue and gave a detailed explanation of what has.transpired since August of 1985 to the present time on this project, and commented that it would be a financial hardship.on the owners if they were not allowed to build the 52-unit Travelodge. Robert Kehne, 4436 Ivar Avenue, stated that he did not feel that there was a demonstrated need for another motel in the area since about two blocks away there is a hotel that has a 53% vacancy rate, and a few other hotels within four blocks. He could not see build- ing another hotel in that area when there are 35 to 40 rooms nor- mally available. J. B. Desai, 8621 E. Garvey, stated come into the City and build motels are to build it and sell it and grab the pr, the over-building of motels is, causing owners. that the developers that doing that with the idea )fits. He commented that a struggle for the motel CM 4-28-87 Page #10 Juan Nunez, 2702 Del Mar, commented on the motels that are being constructed and again stated that he did not feel that there was a need for more motels. He did not think that the owners of these motels would be able to make a living out of it when the vacancy factor is so high. Councilman Bruesch inquired if there was another Travelodge already in Rosemead. Mr. Kao stated that there was another Travelodge on San Gabriel Blvd., to handle the Pomona Freeway business. Councilman Bruesch stated that this means that within 12 miles there will be two Travelodge's in competition with one another. He stated that he would not be-able vote for this request by Travelodge because they do not demonstrate a need and he felt that without ade- quate restaurant services in that area of the City, traffic would be produced during the hours of 7:00 to 8:30 a.m., breakfast time, when children will be walking to school and there is already a bad traffic problem in that area. He requested that the record show that he is opposed to the waiver. Councilman Taylor requested the record show some of the reasons for making the motion to approved the request. He stated that he has heard a lot of the comments from some of the residents in the community and some of them are justifiable. They don't want condo- miniums, apartments, hotels, motels, mini-malls or corner develop- ments. He stated that there ate over 11 miles of highway frontage in the City of Rosemead, and he added that if he had his choice, more motels and hotels would not be built in Rosemead; however, it is not his choice. There is a need for this type of facility, and it.is_. a use that can be used, and he felt that if some of the nicer motels and hotels are built,there will be a need for some nicer restaurants and places to eat. One will attract the other. He remarked that if nothing is done with these sites, the.properti'es will rot with old buildings on thcm5and businesses will run down, and until it reaches the point that the Council will have to go down and hand-pick each business that is to go on a particular site. He stated that he felt that these were legitimate uses of the property and although he does not approve of them, that is the reason why he made the motion to accept the recommendation of the Planning Commission. MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN McDONALD that the request for relief from Ordinance No. 599 subject to the conditions stipulated be approved for the 52-unit Travelodge Motel at 8463-71 Garvey Avenue. Vote resulted: AYES: Councilman McDonald, Taylor and Mayor Cleveland NAYES: Councilmen Bruesch and Imperial ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Councilman Imperial requested that the record show that he did not feel that a need had been demonstrated and he did not feel that the Ordinance goes far enough and until it does, he has a right to vote the way he feels for the protection of his constituents. B. REQUEST FOR RELIEF FROM MORATORIUM ORDINANCE NO. 599/ 2618 SAN GABRIEL BLVD., 50 UNIT VENUS MOTEL MOTION BY COUNCILMAN McDONALD, SECONDED BY COUNCILMAN TAYLOR that the request for relief from Ordinance No. 599 subject to the conditions stipulated be approved for the 50-unit Motel at 2618 San Gabriel Blvd. Vote resulted: AYES: Councilmen McDonald, Taylor, and Mayor Cleveland NAYES: Councilmen Bruesch and Imperial ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. CM 4-28-87 Page #11 9 • Jackson Wang,2619 San Gabriel Blvd., stated that he did not feel that Rosemead was a tourist or industrial City that could handle so many motels and lie was opposed to the construction of more motels and he felt that it would hurt the people who have already invested their money in motels and hotels in the City. Robert Kehne, 4436 Ivar Avenue, commented on a petition of 50 people who are opposed to the construction of more motels and hotels in the City. He felt that there was not a need to build 50 or 60 more units, simply because there is a desire to have _ new restaurants come along. He felt that a demonstrated need meant that there is a shortage of rooms now; however, maybe in the future there may be a need for more rooms but not now. C. REQUEST FOR RELIEF FROM MORATORIUM ORDINANCE NO. 599/ 8515 GARVEY AVENUE, 48-UNIT MOTEL MOTION BY COUNCILMAN McDONALD, SECONDED BY COUNCILMAN TAYLOR that the request for relief from Ordinance No. 599 for a 48-Unit Motel at 8515 Garvey be denied. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Bruesch referred to articles that appeared in the Times about 1z years ago in reference to motel and hotel space in the central city area, and to the fact that many of those"motels and hotels downtown are having to sell-out because they cannot compete with the airport motels and hotels and their convenience for the occupant in not having to travel downtown on our already crowded freeway systems. He stated that was happening in Rosemead right now, and he felt that once the major motels with 100 to 150 rooms are built, they are going to be drawing away the clientele from the small operations. These small operations will become white elephants and he will vote his conscience. He feels that when there is a vacancy rate of 207 to 50%, it is not the unit that is coming in that will be hurt, but the older, smaller unit that will become the cut-rate motel, and he did not want those kinds of motels coming into the community no matter what the cost. D. CABLE TELEVISION/CONSULTANTS RECOMMENDATION RE: PENALTIES. (VERBATIM) Tripepi: Mr. Mayor and members of the Council, this is the Cable Television Consultants recommendation regarding the construction. For clarification this evening we have representatives from Falcon Cable here, but I am not sure which one is going to speak or both. We also have our consultant, Jim Sliwa from Computran, and we have a representative from the Montebellow District Office of the Southern California Edison Company, who has done all the research on the pole applications. So with that, Mr. Mayor, any way you want to start it off.. Mr. Mayor, I know that Falcon did submit a letter which was passed out to all the members of the Council. Maybe you can start from there. Derick: Mr. Mayor and Members of the Council, my name is Chris Derick, and I am the President of Falcon. I guess there is some- thing that we can all agree upon and that is we want to get the cable system built. We are building it. As I stand here now we do not have certain permits in our hands to permit us to go for- ward. I don't blame anybody for that. Those are the things that happen when you build a Cable T.V. We are not standing still. We are doing other things. We have no concerns at this point about our obligation to complete the system by September 15th, as we are obligated to do.. It does us no good.to put money in the streets out there and not have any subscribers. So we are not standing around doing nothing, but at this point and time, I do not have those permits. We don't know where they are frankly. We.under- stand.that the consultant was told by Edison that they have been approved, and I suspect that is true, but we have contacted the joint pole authority which I guess these are processed through and they have not released them to us. We don't have them. If we had them we would be building as we talk... CM 4-28-87 Page #12 Taylor: Mr. Mayor, I would like to get this cleared up as far as ...there is so much finger pointing going back and forth, about what Edison is doing with the poles, what the phone company is doing with the poles, what Falcon is doing with the poles. It is like a yo-yo game. It really is. Everybody points a finger at somebody else and says that they are doing it. They are holding us up. And we get the letters back. I honestly don't know who is holding who up. Derick: I don't thing anybody..Nobody is trying to point any fingers. We have no difficulty with the phone company.... Taylor: Then where are the permits that you are asking about? Derick:They go through the process and we don't have them back yet. Taylor: And somebody is telling you that they are released. Derick: We don't have them back. Taylor: Who has got them? Derick: We think that the joint pole authority has them, but we do not have them. If somebody has them, and wants to hand them to me right now, I will take them to a crew and we. will start building. Taylor: Mr. Mayor, as far as what's been going on, the question is,now, when is phase #1 and phase #2 be completed. Derick: Phase #1 will be completed within a matter of days after we receive the permits. Phase #2 we anticipate to complete as planned. Taylor: What is holding you up on Phase #2? Derick: Nothing, we are working on Phase #2. Taylor: Great. So Phase #1 and Phase #2 will be done on the original date of Phase #2. Derick: That is what we anticipate. Taylor: What is going to hold you up? Derick: We still have some permits to get.... Taylor: Which permits? Phase #1 or Phase #2? Derick: Phase #2 permits. Taylor: You just said a.minute ago, that there wasn't something holding you up. I asked you that question didn't I? Derick: We anticipate that we will receive all the necessary permits to permit us to complete Phase #1 and #2 as we have projected. Taylor: What are you missing from Phase #2? Because tomorrow morning we are going to direct staff, and I don't care if they work.-on it every day, to find out where those pole permits are and why you don't have them. Derick: I think that's great. We would like to have them. Taylor: Mr. Tripepi... Derick: This is an on-going process, Mr. Councilman, you have given permits.... Taylor: I understand it is on-going, but it is overwhelming to. ...well, they are supposed-to do it.:.,, who is they... the joint pole . people. We haven't heard from them at all. We get letters from you. We get letters from our consultant and such, but it is always pointing to this mythical body out there, that we don't have true documentation. So we are going.to contact that joint pole people and have them get hold of Edison and we will find out who is causing the delays. CM 4-28-87 Page #13 :I 0 Derick: I think that's great. I mean we have no desire to have there be a delay. We have got money out there. We have spent money on this thing... Bruesch: What I would like.to know from Falcon is... Tripepi: Would you respond to this on Edison's behalf..I know you can walk us through the permit process and the dates and what the applications are. John Steelesmith:- L?t me clarify a couple of things. First of all, where they are going I don't know, but let me share a couple of thoughts with you. Clarification for the record, Honorable Mayor and fellow City Councilmen, John Steelesmith, Area Manager for Edison, 1000 Potrero Grande, Monterey Park. We have worked with Falcon T.V. and all of the Cable T.V. companies throughout our service territories for the last four to five years. I am pleased to say sincerely, that we have found Falcon to be one of the very best. We have made a very diligent effort for very many reasons, good business practices, as.well as we don't want to stand in the way of progress. We have made a very diligent effort and I can cite you quite a few examples of this too,on our behalf, to do the very best we can to help the process along. We have stated and'made it clear as we know how to, that the process that Mr. Derick'is referring to joint pole attachment process, whereby they submit applications to us and we process them through to make sure that they are not in conflict with our systems for safety requirements, a number of features, takes about 10 to 16 weeks depending on our load.requirement and that fluctuates a little bit depending on the various districts. Here in Montebello dis- trict, we are looking at a circumstance whereby we are 13 weeks, when a person comes in and says we would like new service before we can even respond to it. That is our long lead time because of the work-load that we have. With that in mind, we received back in October 1st, to date, from that time until now, 20 applications. As of October 1, that date we received 9 original applications, we returned back on November 20th, that is about a month and a half, 7 of them. Pretty good example of a real hussle. We did find pro- blems, which were I believe the 2 that Mr. Derick noted in his let- ter, that there were two that were re-submitted back through and finally back to us, from our people back to joint poles and returned by March 4th and March 5th. Because originally, when they were sub- mitted to us there were problems with their application. We had to return them and get .those corrected and then we could go on with the process. January 9th and January 20th we received 11 more applications, five of them were returned on April 27th... Taylor: Excuse me, John, point of clarification. You received 29 originally... . Steelesmith: To date. Total. Taylor: As of what date you received 29. October 1st? Steelesmith: October 1st, yes. Taylor: So on October lst you received 29... Steelesmith: No. Since October 1st til now. Taylor: O. K. How many did you receive October 1st? Steelesmith: 9. Taylor: 9, and you returned 7 of them by November 20th. Steelesmith: 2 of them we never returned til March 4th and 5th because in the process we had to send them back to them. Taylor: 0. K. That was 2 out of the 7, or 2 out of the 9? Steelesmith: 2 out of the 9. Taylor: O. K. 7 were sent back and you held 2 of them and-they were approved when? Steelesmith: March 4th and March 5th. CM 4-28-87 Page #14 0 Taylor: When did the second batch come in? Steelesmith: The second batch came in on January 9th and January 20th. That accounted for 11. Taylor: 11 more a total of 20. Alright. Steelesmith: Clarification there. Yes, correct a total of 20. At that point with that second batch of 11, we returned 5 of them this past Monday, April 27th. 5 will be done by May 1st and we put in the mail as of tonight, going out for tomorrow one of them. Taylor: 0. K. how many were in Phase #1? Steelesmith: That I don't know. Taylor: There are 20 poles in Phase ill, but only ...were the original 9 and the second 11 all for Phase H1? Steelesmith: That I don't know. Taylor: I am getting a shake "yes". Technically, then there has only been 9 and 5...what happened to the second 2, you approved 7,. the second 2 that were rejected were they finally approved? Steelesmith: Yes. Taylor: So that made the 9, so you have 5 more that were released Monday. Steelesmith: Correct. Correct. Taylor: 0. K. What I am getting in the picture is that How many are in Phase #1, 40? Derick: 20 in Phase #1. Taylor: 20 poles in Phase ill. O. K. that is for Phase #1. I am beginning to get a picture, now, that they don't have the approval that they are asking for.for Phase #1. They should have 20 approved poles for Phase #1 to have finished it a month ago. Derick: Based upon what he has just said as of right now we have everything. Steelesmith: No, not totally Taylor: That will be 19. May lst you will have 5 more. Steelesmith: Plus we will be sending one out tomorrow. It went out in tonights mail in essence. Taylor: That explains to me why Phase #1 isn't done. Derick: Can I say something? There is something I really want to avoid. Edison has been good to us. It is a large organization. It is complicated and us coming in and building a Television System in one of their areas cannot be the highest priority that they have got. They have been good to us. This is extremely complicated. This has brought the cable business and the utility business to their knees for years and.years. It is very hard for you to under- stand but it has got to be extremely frustrating just by this inter- action that is taking place. Taylor: Why are we here to assess you penalties tonight then for not completing Phase kl? Derick: That kind of confusion went through my mind too, but in the process it has brought up two very important issues, one I don't want to create a conflict between us because there has not been one that has existed. Second of all, we are about to start something very positive in this town, and historically.in Southern California Cable has been a flop. They have built very badly and they haven't done very well and they haven't had very good penetration. We don't want to get off on the wrong foot. It is extremely important that we get going right and do this thing properly. So my major con- cern tonight.is not to create a problem, when one doesn't.really exist. C~ Taylor: Well, you have a problem, tonight, as far as we are concerned because we are here to assess you damages. Derick: I appreciate that, but I think that you can see that is really based on a misunderstanding. Taylor: No, it is not a misunderstanding because you have a contract with a completion date of Phase #1, Phase #2 and Phase #3, or September the 15th. I don't care how you get there by September 15th, but what you are telling us is that your method of operations is falling behind in Phase #1 and it is falling behind in ...Have you got any pole permits in Phase #2? Derick: Not at least at this point. Taylor: How many poles do you have to put in in Phase #2? Derick: Oh, I couldn't tell you. I would have to look to tell you exactly how many poles.. Taylor: And I see a total repeat of where we are now, but it is going to be worse for Phase #2. Derick: No, No. There are a lot of things that happen..besides just stringing cable and strand. Putting up cable and strand we can do fairly quickly. These administrative things, getting these problems solved, and getting our rearrangements on our per- mits done. These take a tremendous amount of time. The easiest part is to go out and put up the cable system. Imperial: I can remember when we were going through this fiasco between Westinghouse and Falcon, that the Falcon people stood out there time, and time again, and when we talked about poles, they said piece of cake. Taylor: I recall that very specifically. Imperial: They said piece of cake, time and time again. Now, I have got the taste for the cake and I can't get it. Derick: Well, I don't want to.... Taylor: I want to eliminate this problem in June when Phase #2 is supposed to be complete. If you haven't got one pole back yet, or has it been submitted to Edison for Phase #2. Derick: We have submitted some of Phase #2. Taylor: How many out of Phase #2? Man: Ten of the jobs for Phase #2. 30 out of 47 total for the City. Derick: In the next few weeks we will have them all in. Not all applications are equally difficult. Bruesch: Let's pace it back. I am under the assumption that you have been in the business and you 'know that this process takes 13 to 17 weeks, right?. Derick: Well,, you never know. You actually never really know how long it is going to take. Bruesch: Well, you know that it is not going to be, apply and 3 weeks later you are going to get it. You know that. Derick: I know, that I don't know. That is a fair statement. Bruesch: O. K. We will backstep from this point that we are.at now. The reason why you didn't apply was that you didn't have your design finished until...I'll refer to the letter we got, I think it was, the design of the Phase #1 wasn't finished.until October or November of last year. If I am not mistaken. Is that right? Somewhere around there. 0. K. The reason why your design wasn't finished until that time, backtrack again, was because you were having problems with the telephone company because of cleanup of other poles at other projects. Is that not correct? CM 4-28-87 Page #16 Derick: You are beginning before my time, Mr. Mayor. I know that there were some difficulties with the phone company, but since I have been here they have been cleared up. The phone company we have no..... Bruesch: Yes, I know that they are cleared up, but the point that I am going right back to the inception of this whole pro- blem which is occuring now. We go right back to the beginning when we were going to the franchising stage, and we were told at that time, that there was no pole problem, there was no clean- up problem and you could have engineering design ready for us at X month of X year. Then we are faced with 8, 10, 12, 14 months of litigation between Falcon and the telephone company because of cleanups on other areas. A fact that any person entering into a franchise should know would delay their ability to come up with an engineering design. Because they don't know if they are going to have this pole or that pole. Even back then we are paying the price now, of having a company come to us with a sack that we will do this, we will',do this, and we will do that-while all the while knowing that they were going to have problems meeting this time line for the simple reason that they could not get the design out on time because they.could not speed up the litigation with the telephone company. Now, you are coming to us and saying that we will be finished by September 15th, but we have had 22 years of your company telling us the same thing. Derick: I am sympathetic to that. I am new, I hate to bait the question, I am new and I was brought in because of those problems. I have got.the committment to build this by September 15th. I don't want a donnybrook like the rest of the Cable industry. Some of this nonsense that you are talking about because of the frenzy of the franchising process, people will say.and do anything. They would go out and build plants and end up with re- arrangements and cleanup that had to be done and you end up with this kind of mess. This is exactly what we want to avoid in Rose- mead. When we build this plant I never want to touch it again. I want it to be done properly. McDonald: Why don't we have our consultant reply to Mr. Taylor's question on, why is there a recommendation to levy a fine against Falcon. Jim Sliwa: Jim Sliwa, Computran System, the reason for the recom- mendation is that they did not meet the schedule that they proposed. They knew of the process of arrangement and application, which is the normal part of construction. They have not submitted an alter- nate plan or new schedule, a new deadline other than September the 14th. I think we need a little clarification. We need a new schedule. We need to know how they are going to get there. Imperial:- When we hired Computran. I was against it because I said if we are going to hire a company to build a cable for us, then why do we need somebody to monitor it. I lost that one. I am saying this, Computran has come up with a recommendation, and if we can't take that recommendation, then let's fire Computran. It is as simple as that. What the man has said has made sense. I sat here through that whole fiasco like everyone else here, except for Mr. McDonald. Mr. McDonald was fortunate that he wasn't with us at that time. Time and time again, accusations, daggers, the whole shot there going back and forth over cable and I think the majority of this Council, made what they thought was a conscientious decision to get the best for the City of Rosemead. I sometimes wonder about that decision, but that is neither here nor there. As the fact remains, we were made a lot of promises and we have had a lot of problems.after we were made a lot of promises. As far as I am concerned if the promises can't be kept, then we need to take what action is recommended. Now, if we can't go along with their recommendation, like I said, then I think we ought to do away with the additional expenses and fire Com- putran. CM 4-28-87 Page #17 Taylor: That recommendation may be fine as far as going along with what Computran is saying, but I have to ask Mr. Imperial, where do you think we would be without Computran's input as of today? That question is to Mr. Imperial. Where do you think we would be if Computran had not assisted us. Imperial: We would be in a helluva worse mess than we are right now, but we have a mess. McDonald: Chris, do you want to respond to that recommendation that we fine you? Derick: We made a committment to meet September 15th. I have no problem with that. I resisted, to be very honest, to create an interim schedule. It creates very difficult times amongst our- selves, because everytime you create this interim schedules they don't do us any good. We have to meet that time line.. We know the difficulty and I have never seen interim schedule that didn't run up against we are obligated to meet that September 15th. I appreciate your frustration. I understand the difficulties you have had with Falcon. All those people are gone. That will tell you something about my frustration. But we are here to build a cable system by September 15th: We have a lot of money in the ground. It is costing us to have that money in the ground. That is the only real committment that I can give you. Imperial: What guarantee have we got that in six months from now somebody won't be standing right there at the podium and saying that I can't help what that guy before me said, I am here to re- solve the problems we've got now. This is what we have had right along. We have gone through one and then another. The same company. The same problem, but different people. Derick: Obviously, in six months it won't happen because we are about to launch the 1st Phase. Frankly, I am more concerned about the tenor of this discussion and what is going to happen in the newspapers, in terms of our ability to be successful, than in our ability not to meet September 15th. That effects you too, gentlemen, since you have an investment in the system in the franchise fees, and we have got to do this one. We are. committed. We don't have any choice. You can go out there and see'our money hanging from the lines. For. us to stop.now is pure insanity. We are not going to stop. We are going to build. In a very few weeks you are going to-have customers in Phase ill. McDonald: Jim, let me-ask you a question. Evaluating the system right now, do you see it being done by September 15th and what effort would they have to put into it between now and September 15th to get it done? Sliwa: Well, as you know all the pole applications have to be approved and the rearrangements have to be accomplished and cer- tain crossing permits are still not firm. McDonald: Chris, when will all of the pole permits be in, all of them, all 47? Derick: Next week. McDonald:: So they will be in by the second week in May, and we are looking.at presumably 20-.weeks down the road by the.time those area finally O.K.-'d at the.maximum. Derick: I don't think it will take that long, and number two, they don't have all the poles in Rosemead. A lot of these are the tele- phone company's. The telephone company is moving.along a lot faster than the Edison Company is at this point so we can do a lot of work. Again, building a cable system is a piece of cake once you have these problems taken care of. Taylor: There is nothing easy about this particular item. As far as the administration, I think.that the older I get, the more I find out, that is where the biggest problems lie, the paper work, the shuffling back and forth, the approvals and such, and it is the same thing in construction, when you go out there and build something you don't have anybody to resist you. When you are hanging wire on the poles it is a simple part of the job. CM 4-28-87 Page #18 Taylor continues: The comment.was just made that all the pole applications will be in in two weeks. Now we could beat this thing to death and we could assess penalties and such from here on out, from an adversarial position or, I am going to ask that we continue this for two weeks and see if those pole applications get in in the two week period. That seems to be the big problem. The pole applications, getting them into Edison and the phone company and.getting them back out. If we do get all 47 of them in in two weeks, that would be the middle of May, and if it takes 12 weeks to get them back out,, the end of May, June, July, that is August and September roughly, 45 days to finish all the wiring. Derick: That is not a problem. Taylor: That is.not a problem. Mr. Steelesmith has a comment. Steelesmith: I only add this for whatever help that it may be. To finish out the 29 applications that we have received, which may be part of Phase N2. It was not given to me... Taylor: Excuse me John, clarification, you have released 9, you have released five last Monday, and you are releasing 5 May 1st, that is 19 out of the 47. Derick: Plus the one he released this week. Steelesmith: That makes 20 out of 29. We.are releasing out to Falcon by tomorrow, '7 out of 9, the last 9 were received February 18 and February 23rd. That leaves us with two that are still in the District. McDonald. Two out of 30. Steelesmith:. Two out of 29. Derick: So we are well into Phase #2 by the time we get those back. Taylor: Well, what can be worked out by the next meeting in two weeks? Derick: Well, we will have them all in, and if there are areas that we can use some help and there are some areas that we could use the help of the City we will come to you. We have done:.that in the past, and there are some difficulties. There is no question about that. We have to deal with a lot of Government bodies and sometimes it is a little difficult to get things done. Bruesch.: 0. K. I'll yield to Mr. Tripepi. Tripepi: That's o.k. Bruesch: First a comment, and then a suggestion. It is not only with Pole applications. 'It is not only with the lack of work for months at a time that we have observed. It is not only with the idea that we were not told about the trouble with the telephone company, other little things that bother me. I received notification from an educator friend of mine that upon calling up over the last year and a half to Falcon, because I have said, heh, we have got this cable, we are going to be having use of the facilities, setting up a lab in a school, upon calling, calling and calling, getting no response when they can get some equipment and help or something like this, they said, a lot of good in your having a Cable company in this community, they are not going to help us one bit. This just makes it even harder for us, me at least to accept the fact that yes, we will do it. I am getting reports like this from constituents. May I ask the indulgence of the Council for a compromise type of a solution, you are saying that all of your pole requests will be in in two weeks. All 47. 0. K. And from what Mr. Steelesmith says it will take 13, 14, 15 weeks for these to go through the whole process approximately. 17 weeks that would put us 3 or 4 months down the line, May, June, July,. August. Could we come up with a time period in August for all these permits to be back and then begin assuming that the work that.is left does not have some retroactive CM 4-28-87 Page #19 Derick: As long as we are going to set a date, why don't we make it a little sooner. Bruesch: We have a consultant here that we have hired, I am think- ing in terms of getting the cable operator with our Consultant to- gether coming up with a definite calendar and each phase of the building that is not met, then the penalties will be retroactive. Could that be? Maybe, I am the only one thinking in terms like this. Taylor: The comment on these poles. The only problem I have is waiting til August. You are going to be stringing these wires as approvals come back so out of those 47 you may be on pole 35 in July somewhere. Derick: I can't speak for Edison, but not everything takes a long time. This is evidenced in what he has released,.and some of them they may release fairly quickly and others may go forever. So it is hard to know, but the minute they release them, we are out there. Taylor: I have got to go back to a question, I don't think was answered from the beginning. Where are those lost applications? Are there any? Or is Edison controlling them. The joint poles..... Derick: Well, we didn't know where they were, but he accounted for all of them. They are either in his organization or the joint pole authority. Taylor: Your letter originally was talking about applications that are still outstanding, or that you have not received. Where are these at? Steelesmith: These are the ones we described. Taylor: Then Edison has them then. :.It is not some mythical body that is joint pole. Steelesmith: On the original line back in October, seven had been returned to you on November 20th. Taylor: What is in dispute then? So they are coming from Edison. Derick: He is telling me that they are cleared, then I am going to have crews out tomorrow morning. Imperial: It is 12:00 o'clock now, does this Council have to have special consideration to continue this meeting. Taylor: That's after 11:00 o'clock. So this is just a rehearsal and none of it is on record. McDonald: I would go along with Mr. Taylor.'s suggestion that we continue this for two weeks to see if these things are in, all of them in two weeks. I don't think we can set an interim schedule because we are not sure of when some of these are going to be ap- proved and some are not going to be approved. So I don't know if I could go along with Mr. Bruesch's point. But I would agree with Mr. Taylor that we continue it for two weeks and see if all 47 of. those are in. Mr. Tripepi had a point that he wanted to make of what he thought the concern was, I would like to yield to him. Tripepi: In discussions with Mr. Steelesmith, and I think he is having those with Chris Derick now, about the power supply, which has to'be requested once all that cable has been hung, and that could be a problem. I think what you heard tonight is that the Montebello District is processing these.things at about six weeks while it is taking other districts something like 16 weeks, and I think you are getting about all the cooperation out of Edison that you could possibly get. On a.couple of those where there was a problem,_John, for Mr. Taylor. Gary, it is the same as the plans for a building, Edison reviews- them and if they are o. k., they ship them, but if they are not, they make the recommendations and the changes on the plan, and they go back to Falcon and if Falcon... Now, Edison cannot be held responsible for when the final permit is issued from Edison unless we also take into consideration how long did Falcon take to correct the plans and get resubmitted. See, that is a key factor. CM 4-28-87 Page #20 • 0 Taylor: What was your comment about the power source? As far as the delay coming.down the road here. Tripepi: It is a power supply. John, why don't you go into that real quick. Steelesmith: There is a problem with the mounting of the power source regarding our specs and hopefully, and that is the way I will word it, hopefully, he is aware of it; his people have talked to our people and hopefully, that can be resolved rather expeditiously. Taylor: Excuse me John. You have talked with each other. Is it going to be resolved in two weeks for our next meeting. Derick: I don't think it is the same kind of issue. Taylor: Is it going to be resolved. I don't care what the issue is. Derick: It is resolved now. They told us they want us to change our mount, so we change our mount. Steelesmith: I have .to say not completely. I am representing people that have shared with me the thought that there are some concerns there; however, we have not fully addressed these concerns yet be- cause there has been no request to energize the power supplies. Taylor: When will that request be made to energize Phase l{1? Derick: They have all been made recently. Well, Phase N2 hasn't been applied for, but Phase ill; all those..... Tripepi: Mr. Taylor let me ask the question because we need a clarification. So you are saying that the requests to energize Phase #1 have all been submitted. Derick: Six of the nine. All nine have been filed. Tripepi: All nine have been filed with Edison to energize. Derick: It was my understanding that the placement of the mound,' and just the placement of the mound. All they have to do is to give us the specs and we do it. Taylor: Is it that simple, John, or what is.it?' I am assuming then in two weeks that those nine are going to be done and approved by Edison. Steelesmith: I would like to be positive about this, but I am also recognizing that we have a lot of criteria that have to be considered for safety reasons and so forth, and in consideration to their needs and your needs, I am not going to go on record and say how fast that can be resolved. I am sorry gentlemen. I am not that expert to speak:for our engineering group. It would just be like the way things go that they may have a particular problem and as cooperative as they may be in trying to meet that problem, we have a certain pro- blem in the mounting of the meters that might take a little longer in getting resolved. How fast that can be done, I cannot speak to that. Taylor: Well, that.is what we want to get ironed out. You are saying that there.is a problem, and you are saying that it is very easily corrected. You have nine..... Derick: I am an old cable operator. One does not argue with the telephone company or the power company. They give you specs and you do it. Taylor: I know what you are saying. I have to go through with the same thing. You clearly understand what the requirement is though. Derick: Yes, from what I have been told by my construction people. They explained it to me, and they didn't seem to be concerned. They said Edison wants you to do this. So we will do it. CM 4-28-87 Page #21 Taylor: O. K. because this is going to come up in two weeks also. As far as what has been resolved on it. McDonald: Mr. Taylor, I think the point is that this is not hold- ing up the pole applications.. The pole applications are going,to go in and they are going to come out and this is another applica- tion for the energizing which is something else. Taylor: But it is going to defeat the operation date of Phase #1. Then it is not going to be operational. McDonald: Right, but what I am saying as far as the 47 applications are concerned, that is something else. Taylor: If we don't start addressing this now, in two weeks or a month we are going to come up with a power source. Derick: We went for an extended period of time in San Gabriel to get energized.. Taylor: Well, we can address that in two weeks again..Mr. Mayor, I think we have had a good discussion on it tonight, and I would like to defer this item for two weeks and have it updated at that time. Cleveland: Are there any questions. Taylor: Are there any other problems that we need to know about so that we don't get hit a month from now or in two weeks. It is the power and hhe.applications. Derick: We have one other problem and it is. so absurd that we can- not imagine that we cannot deal with it. We are not a qualified entity to cross Highway #10. Taylor: How did you propose that in the beginning? Derick: I can'.t tell you how many Freeways we have crossed, but we have run into a situation where Caltrans has four criteria and I..don't happen to remember them, but Taylor: Mr. Imperial can contact Caltrans for you... Derick: It is a Catch 22. We have finally found some ducts that the telephone company didn't know they had, but construction guy being an old telephone man heard it was there and we got permission to use that from Caltrans, but'Caltrans will not give us permission to get to the duct. Bruesch: If it is on Hellman Avenue, I could tell you. Derick: No, it is all up and down. We have got several locations which are involved. Taylor: Can you have an update on that in two weeks, too, just to let us know what..:. I am going to ask, Mr. Mayor, that because of the potential... yes, Ellen. We end up with a lot of litigation with stuff like this sometimes. Verbatim. So I am asking, so we all know it is there, no misunderstanding of what is happening. So we will review it all in two weeks to see what you will give us. Tripepi: Do you have anything else to add for the record as the consultant. Sliwa: No. Tripepi: John? Derick: Wouldn't just be easier, if as we f we just give you a copy of it. Taylor: I would like that very much because tell us when we have got 47 and we will know now, I can't tell you, Phase #1, Phase #2 or know where they are at really. ile these permits that somebody is going to that is it. As it is Phase #3. We don't CM 4-28-87 Page #22 McDonald: We have hired a Consultant there, and if you would give them to the Consultant. Taylor: Fine, great. Tripepi: Just forward them tothe Consultant. As you file them give Computran copies and they can keep us updated on it. 0. K. Taylor: Mr. Mayor, I think Mr. Nunez, has a lot of patience putting up with the City. Do you have a comment. Nunez: I.did want to speak on that item. I asked to speak on that item. You have been threatening that company for penalties for a long time, and it seems that you should probably assess the penalty. These people are not going to come up with anything because they seem to be sending people who weren't here at the time and as the man says, I wasn't in on that so I don't know what was said...I don't see that he doesn't have an inkling of what happened, and maybe you should assess the penalty. I know it is hard to come to that con- clusion, but that is the only way that they are going to...I came here when they were asking for that, and I knew that they were having problems in Monterey Park. Taylor: I think we are just going to have to evaluate that in two weeks again,Juan. VI. MATTERS FROM OFFICIALS A. Councilman Taylor commented on the Agency Minutes that reference was made to the parking problem on Kelburn and Falling Leaf because of the Auto Auction, and requested that it be put on the next Agenda. B. Councilman Taylor inquired when a final proofed copy of the General Plan would be available with all the corrections that were made. Gary Chicots, Planning Director, stated that he hoped he would be able to get it to the Council late in May or in early June. C. Councilman Taylor stated that the P-D Zone has been dis- cussed to be returned to the Planning Commission and requested an update on what is being done with that. He stated that one of the primary objections that he has to the P-D Zone is the.square foot- age required for an R-1 Residence. He wanted an update or a schedule of when it would be brought back to the City Council. There being no further was adjourned to the next p. M. action to be taken, the Council Meeting regular meeting on May 12, 1987 at 8:00 Respectfully submitted: APPROVED: MAYOR City C1k CM 4-28-87 Page 1123