CC - 05-14-850
MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
MAY 14, 1985 AT 8:00 P. M.
APPROVED
CITY OF ROSL'MAD
DATE'
IiY
The Regular Meeting of the Rosemead City Council was
called to order by Mayor Tury at 8:05 p..m., in the Council
Chambers of City•Hall, 8838 E. Valley Boulevard, Rosemead,
California.
The Pledge to the Flag.was led by Councilman Taylor.
The Invocation was delivered by Reverend Percy Ferguson.
ROLL CALL OF OFFICERS:
Present: Councilmen Bruesch, Cleveland, Imperial, Taylor
and Mayor Tury
Absent: None
APPROVAL OF MINUTES: APRIL 16, 1985 - ADJOURNED MEETING
MOTION BY COUNCILMAN-TAYLOR, SECONDED BY COUNCILMAN
CLEVELAND that the Minutes of the Adjourned meeting of April
16, 1985 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 23, 1985- REGULAR MEETING
MOTION BY COUNCILMAN CLEVELAND, SECONDED BY COUNCILMAN
IMPERIAL that the Minutes of the April 23, 1985 Meeting be
approved. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
PROCLAMATION
Mayor Tury presented a proclamation honoring Rose Cinke,
who has been an active member of the community since 1943 and
pictures were taken of her with the entire City Council. Mayor
Tury stated that without people like Rose Cinke the various
service organization would simply not operate and the Council
certainly does appreciate her and her efforts.
Mayor Tury introduced his mother and father who were in
the audience.
Rose Cinke expressed her appreciation for this honor.
Councilman Imperial stated for the record that because
Rose Cinke is an ex-resident of Ohio that accounts for her
ability to get the job done.
Mayor Tury presented a Resolution of Commendation to the
City Treasurer of Rosemead, Hugh Foutz, on being recertified
as a Municipal Treasurer by the Municipal Treasurers Association.
This honor has been bestowed on only 56 since 1978 in the State
and is one of only 34 still current.
Hugh Foutz, City Treasurer, expressed his appreciation,
and informed the Council that he appreciates the good examples
that they set for the community and expresses that where ever
he is.
Mayor Tury thanked Mr. Foutz for all of his hard work.
I. ORAL COMMUNICATION
A. Harold James, 9211 Marshall Street, spoke against the
Ordinance which prohibits parking on the front yard areas.
Mayor Tury thanked him for his in.put. CN, 5-14-85
Page #1
B. Larry Kruse, Chairman of the Rosemead Chamber of
Commerce International Committee, spoke regarding the limi-
tation of foreign language on business signs throughout
Rosemead. He stated that he felt that the business community
agrees with the 50/50 ratio on business signs as acceptable.
Mayor Tury thanked Mr. Kruse for that input because the
Council would like the issue of foreign language on the signs
to be resolved voluntarily.
Councilman Bruesch stated that he was very appreciative
that the Chamber of Commerce got together with these businessmen
and worked out this proposal because this is the kind of network-
ing that .is needed to alleviate some of these problems.
Mayor Tury stated that he was also appreciative that the
Chamber talked to the business people and if the Chamber would
talk to them and that they would advise them of the 50/50 ratio
that would be acceptable.
Councilman Taylor inquired if an Ordinance of that type
would be adopted.
Mayor Tury stated that it would be.
II. PUBLIC HEARING
A. HEARING TO CONSIDER AN APPEAL TO THE DENIAL OF A
SIDEWALK WAIVER AT 3191 N. DELTA
Mayor Tury stated that the hearing was open and inquired
if there was anyone in the audience who would care to speak.
Donna L. Hammond, 12426 Felipe, El Monte, daughter of the
Stiners, spoke on their behalf requesting a waiver of the place-
ment of a sidewalk at 3191 N. Delta. She stated that neighbors
on the north of her parents home had done extensive improvements
and had not been forced to put in a sidewalk. She stated.that
she was told by staff that it would cost about $200; however,
when they contacted a contractor they were given an estimate of
$475.
Councilman Taylor requested that this item be deferred to
the next meeting because he felt that this requirement goes back
much further than 1980, and he wanted to find out about the other
properties that Mrs. Hammond is talking about and possibly those
properties have posted a bond or a fee instead of constructing
a sidewalk.
Mayor Tury requested that this item be deferred until the
next regular meeting.
Councilman Imperial requested information regarding the
difference of the price given by staff of $200 and the,$475
estimate given by her contractor.
III. LEGISLATIVE
A. RESOLUTION NO. 85-17 - CLAIMS & DEMANDS
RESOLUTION NO. 85-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE
SUM OF $456,778.19 NUMBERED 9381-9395/13892 THROUGH
13990 INCLUSIVELY
MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TAYLOR
that Resolution No. 85-17 be adopted. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
CM 5-14-85
Page #2
B. ORDINANCE NO. 578 - ZONE CHANGE FROM P TO R-2
AT 3032 EVELYN AVENUE
ORDINANCE NO. 578
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
APPROVING A CHANGE OF ZONE FROM P-PARKING TO R-2, LIGHT
MULTIPLE RESIDENTIAL FOR PROPERTY LOCATED AT 3032 EVELYN
MOTION BY COUNCILMAN. IMPERIAL, SECONDED BY COUNCILMAN
BRUESCH that Ordinance No. 578 be adopted and the reading in
full be waived. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
IV.. CONSENT CALENDAR (CC-A, CC-B, CC-D, CC-E & CC-J deferred)
CC-C ACCEPTANCE OF BONDS & AGREEMENT FOR PARCEL MAP #16123
AT 7503 GARVEY AVENUE
CC-F APPROVAL OF 15TH HANDYMAN PROJECT & AUTHORIZATION TO
SEEK BIDS
CC-G CURVE WARNING, RAMONA BLVD.
CC-H ENGINEERING PROPOSAL FOR INSTALLATION OF BUS PADS,
WHEELCHAIR RAMPS AND BUS SHELTERS
CC-I RELEASE OF STORM DRAIN BONDS FOR TRACT #37061 AT
1130-1208 WALNUT GROVE AVENUE
CC-K CITY MANAGERS REQUEST FOR VACATION, MAY 20-24, 1985
CC-L APPROVAL OF TRACT MAP #43396 7559 GARVALIA
CC-M ACCEPTANCE OF ROAD DEED FOR MONTEBELLO BLVD.
CC-N AUTHORIZATION TO ATTEND BARGAINING NEGOTIATIONS COURSE
CC-0 PROMOTIONAL ITEMS FOR DIAL-A-RIDE SYSTEM
MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN BRUESCH
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-A ACCEPTANCE OF SLURRY SEAL PROJECT
Mayor Tury stated that since there have been several hot
days he has noticed that some of the streets that had been slurry
sealed are softening and peeling and before he accepts the project
as completed he wanted an explanation.
Tom Howard stated that he would ask the Contractor to come
back and look at his work.
Mayor Tury suggested that the entire area be checked with
the Contractor.
Councilman Taylor requested a written response from staff
so that it can be documented for the future.
Tom Howard stated that there would be a written report given
back to the Council.
Councilman Bruesch requested that this item be deferred.
Mayor Tury stated that the item would be deferred to the
next meeting.
CC-B ACCEPTANCE OF STRATHMORE STREET IMPROVEMENT PROJECT
Councilman Bruesch expressed his concern over the fact that
some of the front lawn areas are lower than the street and inquired
if the drainage in that street is adequate to prevent any type of
overflow. CM 5-14-85. Pg.N3
r]
Tom Howard stated that it would be able to handle a 25 year
storm because the street was designed to handle it within the
existing curbs which were not there before, and it was just a
flat street.
MOTION BY COUNCILMAN BRUESCH, SECONDED BY MAYOR TURY
that the Strathmore Project be accepted. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBER.S PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
CC-D PARKING RESTRICTIONS/WALNUT GROVE AVENUE
Councilman Bruesch stated that he had been in the area and
had not noticed a new parking area at all.and wondered where it
was.
John Steelesmith, Area Manager of Southern California Edison
Company, 1000 Potrero Grande, Monterey Park, stated that there was
an overflow of Edison employees that is creating a parking problem
until the G-04 Complex and parking lot is completed which will
accomodate 1000 cars. In the meantime, a temporary parking lot
is being constructed on Delta south of Rush Street that will ac-
commodate approximately 300 cars. He stated that he felt that if
parking on Walnut Grove was prohibited it would be an incentive
for the employees to use this parking lot.
Councilman Bruesch inquired when this temporary parking lot
would be available.
Mr. Steelesmith stated that it would be within a week or
two weeks time.
Councilman Taylor could not see the logic in taking a
fully improved street and marking it.red.
Mayor Tury stated that it would be difficult to force the
employees to go to the parking lot on Delta if they are still
allowed to park on the streets. He felt that the message that
is being given to the employees is that they should be parking
their cars in a parking lot and not the public streets.
Mr. Steelesmith stated that Edison felt that since this
was the only area in front of the general office property that
parking is allowed, that clearing the cars off this area would
enhance the aesthetics of this entry way to the City.
Councilman Taylor inquired when the large G-04 parking lot
would be available.
Mr. Steelesmith stated that they were hoping that in about
a year's time, space for about 500 cars would be available and
in about another year for the total of 1000 car spaces.
Mayor Tury inquired of Ed Cline, Traffic Engineers why
Walnut Grove appears to narrow at that particular point with the
cars parked there.
Ed Cline, Traffic Engineer, stated that generally any 64 ft.
street is permissible for parking; however, there had been some
difficulty in front of Ticor and Cal Fed, because there is a
median lane in the middle for left turns, and parking has been
eliminated there to accommodate that, and parking has also been
prohibited over the bridge because it was very narrow there.
This particular section that is being considered is generally
acceptable for parking and he did not consider this regulation
necessarily essential; however, it would probably be desirable
to take the parking off of Walnut Grove and put it on Rush be-
cause the street is a little wider on Rush and there is approxi-
mately one-third of the amount of traffic on that street.
Mayor Tury stated that since there is some hesitancy by the
Council to approve this request, he suggested that after the
parking lot is completed and the shuttle bus is running and still
the parking problem on Walnut Grove is in existence at that time
this item can be reconsidered. CM 5-14-85
Page N4
0
U
CC-E APPROVAL OF LOW INTEREST LOAN & AUTHORIZATION TO
SEEK BIDS
Counciman Taylor stated that his objection was because
excessive funds have to be set aside for this particular item.
Item CC-F which is part of the same program helps many more
houses without tieing up as much money.
MOTION BY MAYOR TURY, SECONDED BY COUNCILMAN IMPERIAL
that the documents be approved and authorization to seek bids
for the repairs at 2615 Charlotte Avenue be granted. Vote re-
sulted:
AYES: Councilmen Bruesch, Cleveland, Imperial and
Mayor Tury
NAYES: Councilman Taylor
ABSENT: None
ABSTAIN: None
Whereupon the Mayor declared said motion duly carried and
so ordered.
Councilman Bruesch inquired how many homes have been re-
paired with the low interest loans.
Councilman Taylor stated that there had been about 12 homes
in a three or four year period.
Mayor Tury inquired how many had been done on the Home Handy-
man Package.
Jim Guerra stated that there had been 144 homes repaired
on the Home Handyman Program.
CC-J SERVICE AGREEMENT OF FEDERAL EXPRESS ZAP MAIL
Councilman Taylor stated that he was not opposed to trying
the ZAP Mail; however, he felt that it should be for a period of
one year instead of three years..
MOTION BY COUNCIL11AN,IMPERIAL, SECONDED BY COUNCILMAN BRUESCH
that the City enter into an agreement with Federal Express for the
ZAP Mailer On-Site Service for a period of 1 year with a 90 day
trial period. Vote resulted:
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
V. MATTERS FOR DISCUSSION & ACTION
A. CONSIDERATION OF CABLE T.V. FRANCHISE AGREEMENT(VERBATIM)
Tripepi: 0. K. One of the memos ...as the Council knows.there
has been quite a bit of back and forth discussion going on, mostly
from our side I think, on the Cable Franchise Agreement. What we
have before you this evening is an agreement that was prepared by the
City Attorney- and•with .the exceptibn-. of a 550 Megahertz system, I do
believe that all of the items that the Council was.previously
advised of as to being issues that had to be resolved,I'think, have
been resolved.;and I have to ask Mr. Kress if that's ...I am sure
that those items have been taken care of. Isn't that right?
Kress: That was the way the Ordinance was drafted.
Tripepi:
Was drafted to reflect those changes. So I guess what you'll do
now Mr. Mayor is open this up for discussion. We have representa-
tives from Falcon Cable T.V. with us this evening and I know that
there are questions Councilman Imperial talked to me about a
couple of these items yesterday. So perhaps you should just open
it up at this time.
Tury: I just open it up with a
Now, the last memo that we had,
and it is my understanding that
cept for the one area of the 55
correct?
question to the Attorney first.
we had nine areas of dispute left,
they have all been resolved ex-
versus 450 system. Is that
CM 5-14-85
Page #5
•
s
Kress: Well, I think rather than to speak for Falcon, Mr. La
Fourcade is here and he can address that.
Bruesch: Mr. Mayor could we go point by point.
Tury: I was just going to do that.
Bruesch: 0. K. I would appreciate that because I had some ques-
tions on each point.
Tury: 0. K. I would like ...let's just take the ones that were in
no agreement.
Bruesch: No agreement.
Tury: The first one is Item #5. Section 4.37. This is gross
annual revenues to be redesignated gross annual receipts. No
agreement had been reached. So the agreement has been reached
as the ordinance was written then. Your opinion Mr. Kress,
first.
Kress: On all these items I just left them the way they were,
and Mr. LaFourcade assured me a couple of days ago, somewhat
reluctantly, he could live with those changes.
Tury: Were those ...would you please come forward Mr. LaFourcade?
Of the nine areas of dispute, have they all be resolved except
for the 550/450?
LaFourcade: Yes. I think I told Mr. Kress that I could live
with those if we could resolve the 450 versus 550 issue.
Tury: Fine. So the only difference that is left in is the
450/550. Would you explain to the Council the reason for your
request to go from 550 to a 450 system please?
LaFourcade:Yes. I think when we made the proposal to the Council,
we proposed the 550 Megahertz cable which has the capacity of
79 channels and at that time we had proposed that same 550 Mega-
hertz to three other cities and one small area of the County
of Los Angeles. We subsequently learned through our experience
in Pasadena, that. the 550 Megahertz equipment was not function-
ing as the manufacturer anticipated it to function, and we
First of all, it did not function in the beginning and we
started building with 550 Megahertz line extenders and all of
the 550 in-the-home was completed; however, the main line
amplifiers were put in at 450 because the.550 simply did not
work. So as we progressed and we were given further and further
dates on when the 550 would be available they turned out to be one
false date after another because the testing proved that it did
in fact not work. In the meantime, we're now completed with the
City of West Covina, the construction and we are completed with...
almost completed with the City of Pasadena and we are currently
working and probably 60% completed in South Monrovia, which is
the County area, and still the 550 is not here and is not function-
ing. And therefore, and on that basis we came back and said it
has to be 450 and that is the current state of the art that does
work. That is 64 channels versus 79, total transparent as far
as the subscriber is concerned..
Tury: How many channels are actually in use now on this system?
LaFourcade: Currently, we have about 51 channels. That is in use
and of course, we can clear up some of those if we needed to. I
must tell you that approximately three years ago when we started
building, we started building with 400 Megahertz which is...was
at that time the state of the art. And Falcon was the first
company to build with 400 Megahertz and there were some problems.
They turned out to be fairly minor, and that became the state of
the art at that point. The state of the art moved to 450.Where it
does work and works very well,.and then it looked like it was
going to go to 500 and then it looked.like it was going to jump
to 550 which it really has not because there really hasn't been
anything constructed at 550 yet.
CM 5-14-85
Page N6
Tury: Are there any other questions of Mr. LaFourcade?
Bruesch: I've got a couple.
Tury: Bob, go ahead.
Bruesch: With the reading that I have done, I understand that
more and more channels are going composite. Is this what the
future of local cable is going towards composite channels?
Putting together various programmings on one channel?
LaFourcade: Mr. Bruesch, I think to properly answer that I
should tell you that originally the idea was that you could
narrow cast even using satelites ,to- narrow cast to specific
segments of the population. The program suppliers came'to
us said this is wonderful and now we will be able to reach
this segment and that segment and they just went on and on,
and we will charge you nothing for this service from now on. If
you've read-about the evolution of Cable, you know that these
programing services have...the weaker ones went out of business
first, then on and on., and the ones that wanted to survive com-
bined and yes, and became composites of various types of ser-
vices and they went to advertising to support themselves plus
they have come back to cable operators and started charging
a monthly fee for each subscriber receiving the service. So
we see that is what is happening right now. Until these pro-
gram services become absolutely solvent on their own, I look
for this to continue; however,it may not happen totally in the
future. But for right now, that's the way it looks.
Bruesch: But to quote you, earlier on, when I talked about the
low power transmission station, the small area transmission
stations, at that time, about a couple of months ago, I asked
you if the FCC allows these low power transmission facilities
to start operating in the metropolitan areas would you have to
carry them on your cable. And at that time you said yes, you
would. So therefore, even if we have composites taking away
some of the channels, you might in the'near future need more
channels to carry these required low powered transmissions.
LaFourcade: There has been a ruling that we do not carry
low powered transmission.
Bruesch: Oh, you don't have to.
LaFourcade: We do not.
Bruesch: When was that ruling?
LaFourcade: That was a few months back.
Bruesch: Oh, really? So you don't have to worry about that?
LaFourcade: No.
Tury: Any more questions, Bob? Jay, do you have some questions?
Imperial: I can understand where Mr. LaFourcade is coming from
as far as if the system doesn't work. Then why build it. We
are talking only the difference between 62 and 79 channels, 64
and 79.
LaFourcade: Yes. That's correct.
Imperial: 0. K. My first question is, if 550 ' Megahertz is finally
perfected and that is the state of the art, what would be your
position with the City as far as helping to upgrade our system
or doing anything about it?
LaFourcade: I think, Mr. Imperial, with what we have here is
currently something that we are proposing that does work and
that is 450 and that is at the top of the state of the art.
Now, if 550 comes at one year, two years or whatever, that
doesn't mean that 550 now, that there is enough programming
and the economics are right to go to 550. It simply means that
right now we settled for the best that the electronic manufacturers
have to offer. CM 5-14-85 Page#7
• 0
LaFourcade continues: And in the future we have to use that
before we go on to something else because as you know that
technology does not just take huge leaps. You have to find
programming sources and other uses to utilize the technology.
Tury: Mr. Kress has a question.
Kress: I'll certainly yield to Councilman Imperial.
Imperial: Which means we are looking at a 450 Megahertz for
possibly 15 years during the course of the contract.
LaFourcade: That is extremely hard to answer at this point
because in the event it becomes economically viable to change
out 450 and go to 550 or 600 or whatever the technology.is,
then we would do that. As we have done that in other areas
where the old technology was being utilized when systems were
purchased by Falcon and they were upgraded simply because the
technology was'there and the economics were right to do it.
Imperial: And an increase in your subscribership?
LaFourcade: Yes, that's correct.
Imperial: You stand to benefit by this by upgrading your system
if the technology is there.
LaFourcade: Yes.
Imperial: So you would have no problems, if that were to be
the case.
LaFourcade: If that were to be the case, and the economics were
there we should do that.
Imperial: When you say economics, I am a little dense on that,
will you explain that to me a little bit?
LaFourcade: Well, if we buy a 450 Megahertz system we have bought
the top of the line and we have to depreciate that over a few
years and you can't go back to the bank or whoever the financing
party is and say, there's something brand new that's out here and
we would like to put this in, never mind what we put in two years
ago or three years ago. There is no use, but we need to do it
anyway. That it is not economically viable to do that.
Tury:. You might say that there was a suggestion by Falcon or some
verbage that they would...stated at which time that they would do
a 550 system. However, I would think that economics probably does
dictate it, now, with the cable law as it is, let's face it you
are not going to put 3.5 million dollars in something and then
turn around and tear it out two years later. So I.think what we
are really looking at tonight is, we are looking at a 450 system,
which unless I'm wrong is the identical system that most everyone else
around us has.
Imperial: Mr. Mayor...
Tury: Yes, Jay, I'm sorry, I didn't mean to interrupt you.
Imperial: There were a couple
importance to me also. One of
handicap discount of 25% which
but I do not see our office to
office here within the City of
the things that I had requeste
of other items that were of
them was the senior citizen and
I realized is in your ordinance,
serve the City of Rosemead. An
Rosemead. And that was one of
I and that you had agreed upon.
LaFourcade: That's correct.
Imperial: Now, when you say that's correct, are you saying
that we will get our office within the City of Rosemead to
serve our people? So they won't have to leave the City for
service.
LaFourcade: Yes. CM 5-14-85
Page #8
0
Imperial: O. K. then Mr. Mayor, I would request that that
would be entered into the Contract. I don't like verbal
agreements.
Tury: Fine.
Imperial: That's all Mr. Mayor.
Tury: Mr. Kress had a question. Bob.
Kress: Mr. LaFourcade, I know you have one particular supplier
that you are doing business with right now.
LaFourcade: Yes.
Kress: Have you made inquiries of other suppliers regarding
the 550 technology?
LaFourcade: Definitely.
Kress: And you haven't found any.
LaFourcade: Jerrold Electronics, being one. Please be assured
when we said we would go out and build a 550 Megahertz plant,
we were bombarded with those who would like to get into the
business of supplying us a 1000 to 1500 miles worth of amplifiers
at that particular time. However, we were the only customer in
the United States that was asking for that at the time, and
out of the three manufacturers that showed us interest, Scientific
Atlanta is the only one that went ahead with that project. The
others absolutely stopped it because they had no buyers, and
that was Jerrold Electronics and I'm sorry that the other one
escapes me, but they are a Phoenix concern and if you would like
I can call you with that.
Kress: Magnavox?
LaFourcade: No. Jerrold made some noises about 600 also, but
they didn't do anything with it.
Kress: The next question would be, in the construction of the
450 system that you are now proposing, would the amplifier
spacing, would you take into account the possible upgrade to
550 in that spacing.
LaFourcade: We could do that without a problem. Yes. Although
Mr. Kress, I must tell you there is a number of technology that
is being worked on. One of them is called Comband by G.E. that
simply compress the existing channels into smaller ones, into
smaller bandwidth and it would take a.64 channel system and make
it 128. So saying spacing at 550, doesn't really mean a lot
unless we use 550 in the future. Quite honestly, I think it
will go beyond that.
Tury: Are there any other questions?
Bruesch: Yes. You said the technology isn't available. Is
that because of prohibitive cost or because the R.D. isn't to
that point where it is feasible. Is it because that suppliers are
reticent to outlay the capital expense? What is it?
LaFourcade: I think that Scientific Atlanta has made a major
committment to expand a bandwidth that is 550 at this point;
however, it did not work like they wanted.it to. They ...we
have had our engineers back in Atlanta several times looking
at test chamber environments where the amplifiers simply did
not work and of course, we put in not bridges and not mainline
amplifiers, but everything else connected with it that are ac-
tive electronics and they didn',t.work. ,And we have proved that
in our systems, and much.to the dismay -of -our subscribers that we were adding.
It was a big problem and I do think that the technology will be
there. You should know that the convertor technology had to
progress at the same time and,they have taken no delivery of
550 Megahertz convertors from Japan at th.s point:' In fact they
have to put.a`halt._on that-simply because the amplifiers didn't
work.properly. CM 5-14-85
Page #9
Bruesch: Now, you were talking about the research into.small
bandwidths, but there are two questions I have about that. It
is suggested to me that any, in the near future, any cable
could be doubled by using this technology; however, it was also
explained to me that if this doubling effect would take place,
you would still have to skip some of the lower channels, skip
channels because they would wash over into each other. Is this
correct?
LaFourcade: I don't know enough about the technology. I am not
an engineer, but I would ...seeing things progress the way I have,
I would say it is probably correct.
Bruesch: And the second thing is, that G.E. is approaching it
very cautiously because they say that the market isn't there
for that many channels. Is that true also.
LaFourcade: That's true, too.
Tury: I might just add that is what we're talking about tonight.
We are talking about a 64 versus 79 channel capability, and there
is only 51 channels operating, which leaves you 15 blank spaces
now, so the day may come, but I feel reasonably sure at the time,
that if a- private' company could make some money at it, they
will do what they have to to make the money.
Bruesch: What I am trying to elude to is the fact that indicators,
maybe Mr. Kress can support me in this, indicators say the channel
space that is available is not being utilized right now and more
channels are going to be put into the composite channels and that
there are blank channels out there available, 8, 10, 12 channels
are available in each area. And that's why a lot of these companies
are backing off on making more channels available because there is
just no need for it. Am I correct in assuming that?
Kress: Yes. I think you are. There are a number of systems that
actually wired two cables in the range of 104 to 120 channels, and
those companies are now deactivating the second cable because it
is simply,at this time, is not necessary. Falcon...if you look
at your proposal book has a lot of things, they put on virtually
every service that is available. In Southern California with the
the FCC must-carry rules, they are required to put on every broad-
cast signal regardless whether or not there is a subscriber interest
in that particular broadcast signal, they have to put it on there
and.give it space. The difference between 62,64 and 79, it'.s con-
ceivable that particular gap may be necessary at some time in the
future. The gap between 64 and 128 that probably isn't a jump
that Falcon nor any other company would want to make any kind of
committment on.
Tury: Are there any other questions, gentlemen? If not, do I
hear any comments on Ordinance No. 579?
Taylor: Mr. Mayor.
Tury: Mr. Taylor.
Taylor: Even though I do not intend to vote for this particular
Ordinance and Agreement, I want to commend the Council on the
action that was taken two weeks ago. The ultimatum was laid down
that we have been pushed enough as far as...the Council awarded
this agreement in good faith and then to have these 25 items
brought back to the Council saying this is what we want now that
we have been the selected party. I have to agree that by taking
that firm stance, I really feel in my mind that there could have
been a change on this particular item, and I am sure that Falcon
knows it also that the Council was not going to be pushed around
any further so I think that's .;certainly-a`merit for the Council.
Tury: Well, gentlemen, do I hear a motion on Ordinance No. 579?
I will make a motion that we approve Ordinance No. 579. Do I
hear a Second?
Kress: Well, excuse me, Mr. Mayor, do you want to include the
office in there? CM 5-14-85
Page #10
Tury:. Oh, yeh, I'm,sorry_the Office has to be.made part of.
that. Can we approve the Ordinance and add that or is that a
substantial change?.
Kress: I hope we don't,get into.it again, but I'm not actually.
sure what constitutes an office and what Mayor Pro Tem Imperial
has-in mind.
Tury:, Could we work something out rapidly„ we are turning this
into a career.
Imperial: What constitutes an office, as far as I'm.concerned,
Mr. Mayor, is the fact that we can service the citizens of our
community right here in our City. I am not talking about a
studio, a one million dollar studio. I am talking about an
office that services the people in our community so that they
don't have to go some place else to get it done. Is that
agreeable, Air. LaFourcade. Then with that included, Mr. Mayor,
I will Second that motion.
Tury: O. K. Is there any discussion on the items.
Kress: All you have to do is to waive further reading and intro-
duce.
Tury: Right. I will bifurcate the motion. I will make the motion
that we waive further reading first.
Taylor: Ah, Mr. Mayor. it is only 38 pages.
Tury: I think we will bifurcate the motion. I need a motion
that we.waive further reading and introduce Ordinance No. 579.
MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN
CLEVELAND that,the reading'in full on Ordinance No. 579 be `
waived. Vote resultedt.
UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE.
The Mayor declared said motion duly carried and so ordered.
Tury: 0. K. Gentlemen, do I hear a motion to introduce Ordinance
No. 579 as amended?
MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVELAND
that Ordinance No.'.579 as amended be'introduced. 'Vote resulted:
AYES: Councilmen Cleveland, Imperial, and Mayor Tury
NAYES: Councilman Bruesch and Taylor
ABSENT: None
ABSTAIN: None
Whereupon the Mayor declared said motion duly carried
and so ordered.
Tury: 0. K. We will have it back in the amended form for final
approval.
Bruesch: Mr. Mayor, two in-house questions, I need to know about.
First of all, on point #17 and #18, 7.10 and 7.11, Performance
Testing and Technical Standards. I reiterate my question, who
will be doing the performance testing and technical evaluation?
Do we contract out for that service or is it in-house within
Falcon's job?
Kress: The Company, the Franchisee is required to do that kind
of testing pursuant.to FCC regulations. They must report to
the FCC on the results of those tests. Some cities hire techni-
cal consultants to insure that the tests are conducted in the
proper manner and report back to the city as well. At this point,
I don't think a decision has been made on-that *particular item since
we don't really have any system constructed in which to conduct
the evaluation.
Bruesch: Then I would highly suggest that some at least ground-
work be made in finding out where these types of consultants are
because-I'd certainly would like to have ...make sure that this
type of testing is going on a basis so we have the quality
of service that we..the citizens of our city demand. CM 5-14-85
Page #11
Tury: I suggest that we bring it.up about the same time that we
bring up the committee to_oversee this project.
B. CONSIDERATION OF REQUEST TO WAIVE FIREWORKS STAND DEPOSIT
(VERBATIM)
Taylor: Mr. Mayor
Tury: Yeh, Gary.
Taylor: I don't want to seem like the bad guy on this particular
item because I certainly believe in the Scout movement, but I don't
really see a problem with, and correct me if I'm wrong, all this
involves is somebody posting a check that would be put in a file.
I mean, I just took in a $500 check for a water meter deposit for
a couple of months on a ...I do it all the time, as far as just
stapling a check which isn't cashed, which doesn't have to come
out of any funds. The most dangerous part about it is the pre-
cedent of treating all the groups equal and it is just stapling
a check to a form. I think Reverend Jackson, if it was explained
to him that way, that would suffice, and as it states the boys are
motivated boys and have a high degree of ethics and will be respon-
sible to clean up after the sales. I don't see a problem. It is
just a matter of a transfer of paper.
Tury: Is that what we actually do? We don't actually deposit
those monies?
Wagner: We do, but we issue a refund.
Taylor: It can be done either way..
Tury: Why don't we, in this instance, just simply hold the check.
Let's not deposit it and the minute it is done, you give them the
check back.
Taylor: That happens in a lot of businesses and if you do it for
one then by golly, you've got to treat them all the same as far as
I'm concerned.
Tripepi: This time we can just hold the check.
Taylor: I think we should take no action on this and just
explain the alternatives.
Tury:Tell him: the check will not be cashed.
Tripepi: We can just hold the check in the file.
Foutz: I can shed some light to that. I have worked at Fireworks
stands for many years for those kinds of organizations.._:._._ They
have said that they are new at this and they don't know how to
handle the fireworks stand or any.this and I think it can be
explained.
Tury: Well, they are going to be in for a real eye awakening
experience if this is their first fireworks stand.
Taylor: I have to agree Mr. Tury, you know working with the
RYA and the different groups, you've given them your.time, but
seriously though, I think the most dangerous part about it is
that other groups are entitled to the same option, and I don't
want to open a whole can of worms and have everyone come back
and redo the whole thing.
Tury: That was a good way of doing it. Even if it is not a
check, a note or something. Something that will guarantee the
$200.
CM 5-14-85
Page #12
•
•
VI. MATTERS FROM OFFICIALS
A. MAYOR'S APPOINTMENTS FOR 1985-86
LEAGUE OF CALIFORNIA CITIES
Delegate: Tury
Alternate: Imperial
CONTRACT CITIES ASSOCIATION
Delegate: Imperial
Alternate: Tury
L. A. COUNTY SANITATION DISTRICT
Delegate: Tury
Alternate: Cleveland
L. A. REGIONAL TRANSPORTATION
Delegate: Bruesch
Alaternate: Cleveland
LIBRARY BOARD
Delegate: Cleveland
Alternate: Taylor
JOINT POWERS INSURANCE AUTHORITY
Delegate: Taylor
Alternate: Cleveland
WEST SAN GABRIEL VALLEY PLANNING COM.
Delegate: Cleveland
Alternate: Taylor
I
CITY SELECTION COMMITTEE FOR RTD
Delegate: Bruesch
Alternate: Taylor
SO.CALIF.ASSOCIATION OF GOVERNMENTS
Delegate: Cleveland
Alternate: Imperial
I
WEST SAN GABRIEL VALLEY JUVENILE DIV.
Delegate: Tury
Alternate: Taylor
I
SAN GABRIEL VALLEY ASSOC. OF CITIES
Delegate: Bruesch
Alternate: Taylor
UPPER SAN GABRIEL VALLEY WATER DISTRICT
Representative: Tury
OVERSIGHT COMMITTEE/CCCA
Representative: Imperial
The Mayor's appointments were unanimously approied.
B. Frank G. Tripepi, City Manager, commented on the status
of SB 1091 and stated that there were amendments to the bill, and
these amendments should eliminate some of the CSAC's opposition
to the bill. He stated that.SB 1091 has been double joined with-
SB 1415 and one cannot become law without the other. If the
Governor Veto's one, he Veto's both. He statedithat with CSAC
off the opposition of SB1091 and SB1415 becauseiit is a revenue
bill for the Counties of the State of California. He stated that
a vote was to have taken place on May 20th on the Senate Floor;
however, Mr. Gonzalves had informed him that the amendments are
not ready, therefore it cannot be voted on as yet. He hoped to
have this bill on the Assembly side on in the first week in June,
and have it taken up by the Local Government Committee instead
of the Revenue and Taxation Committee as the County is pushing
for now.
Councilman Taylor requested that Mr. Tripepi's explanation
be put in written form, and he felt that it was important to
have this down in writing to understand the manipulations of
politics, and he didn't want to lose track of hew it was done.
Councilman Bruesch inquired if the reduction of VLF was
going to be tied in with the passage of this bill?
Frank G. Tripepi, City Manager, stated tha
not increase the VLF Fees. He stated that the
Veto the bill if there were any tax increases.
that SB 1415 is tied to a slow down, and a reds
Vehicle License Fees.
SB1415 does
overnor would
He stated
:tion, of the
CM 5-14-85
Page #13
y
0 r
VI.B SB1091(Verbatim)
Tripepi: Maybe I could just advise the Council because there
are changes taking place daily on this SB 1091 and now there
is another amendment that is going forth as of today. As you
know, it was amended before the appropriations committee by
Senator Beverly who wanted to raise two cities Iin his district
to the 10 cent level that the no property tax cities were
getting. So what that did in effect was add an additional 20
cities in L. A. County to the 20 no property tax cities which
now creates 40 cities that will now benefit from SB 1091. What
that does is broaden the base of support according to the Leg-
islative Advocate and he has no problem with that. Of course.
it takes more money away from the County. I understand that
Mr. Beverly would not make the motion to let bill go out of
committee unless he were guaranteed an amendment so Senator
Campbell who was the author of that bill agreed to that amend-
ment. O. K. now there is an amendment to make this a Los
Angeles County bill plus one. Which means it will take in
the.County of Los Angeles and one County that has one non-
property tax sharing City left and that is San Bernardino
County and that would be the City of Victorville, so you
have just eliminated four out of the six Counties so you now
have it down to two Counties that would be affected by SB 1091
if this amendment goes through. This will now eliminate CSAC
opposition to the bill which is the County's Supervisors Associ-
ation of California. Also you will recall that both bills, or
that bill has been double joined to SB1415 and they are now
double joined together. One cannot become law without the other.
If the Governor vetos one, he vetos both. It was important to
have CSAC taken off of the opposition side of this bill because
they are now going out to support, in my opinion, SB1415 because
it is a.revenue bill for the Counties of the State of California.
I believe there are a total of 58 and now you have 56 Counties
that are going to be in favor of the funding bill. You are going
to have two Counties that are opposed to SB 1091. It was to be
held to a vote on the senate floor on May 20th. Mr. Gonsalves
informed me this afternoon that the amendments are not ready
so therefore it cannot be voted on by May 20th. He hopes to
have this bill on the Assembly side by the second week in June,
and he will have it taken up by the local Government Committee
instead of the Revenue and Taxation Committee as the County is
pushing for right now. And I understand that may hire a lobby-
ist by the name of Clay Jackson. Other than that I don't
know who he is or who his clients are, and I think that quickly
gives you a wrap up on 1091 and where it's at.
0
VI. MATTERS FROM OFFICIALS
A. Councilman Bruesch inquired about the letter received
regarding the. termination of Emergency Ambulance Services from
the County of Los Angeles, and wondered what was taking its
place.
Frank G. Tripepi, City Manager, stated that the County lost
a lawsuit, and the County prepared this letter stating that
Ambulance Service is definitely terminated and it is not part
of GSA and that the County is responsible for providing that
service.
B. Councilman Bruesch inquired about what was going on-re-
garding the construction of a new High School in the Alhambra
School District and about the Del Mar off-ramp situation which
is worse than ever.
Frank G. Tripepi, City Manager,. stated that both items
are being worked on and have not been forgotten.
Mayor Tury stated that he had been with Dr. Viscovich at
a banquet and he did not know any more about the High School
than the Council knows.
C. Mayor Tury announced that on May 27, 1985 at 10:00 a.m
at Savannah Cemetary there will be a Memorial Day Service, and
hoped everyone'would attend.
VIII. ORAL COMMUNICATIONS
A. Reverend Tom Phillips stated that his wallet had been
stolen last Monday night and he had called the Temple City Sheriffs
Department and they responded immediately. His wallet had been
retrieved; however, some of his credit cards had not be found, and
the Department sent him a letter stating that they are still work-
ing on his case.
Mayor Tury stated that he appreciated hearing about the
good incidents involving the Sheriff's Department and their
work in the community although he was sorry to hear that this
had happened to Reverend Phillips.
Mayor Tury set the date for the Budget Study Session to
Saturday, May 25, 1985 at 8:00.p. m.
There being no objection, it was so ordered.
The Council Meeting was adjourned to May 25, 1985 at 8:00
P. M.
Respectfully submitted:
APPROVED:
C' y Clerk
i
Lam/ of
MAYOR
CM 5-14-85
Page #14