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CC - 02-26-85APPROVED CITY OF ROSEMEAD DATE -P-~S R MINUTES OF THE REGULAR MEETING 0 ROSEMEAD CITY COUNCIL FEBRUARY 26, 1985 AT 8:00 P. M. The Regular Meeting of the Rosemead City Council was called to order by Mayor Taylor at 8:05 p. m., in the Council Chambers of City Hall, 8838 E. Valley Blvd., Rosemead, Cali- fornia. The Pledge to the Flag was led by Councilman Cleveland. The Invocation was delivered by Reverend Walter Jackson. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, Cleveland, Imperial, Tury and Mayor Taylor Absent: None APPROVAL OF MINUTES: FEBRUARY 12, 1985 - REGULAR MEETING Mayor Taylor requested clarification on page #7 second paragraph to delete the word."Not", and on page #8 eigth paragraph the number 1984 be changed to "8-84" and the word ".class" in the tenth paragraph be changed to "clash". MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVE- LAND that the Minutes of February 12, 1985 be approved as clari- fied. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. I. ORAL COMMUNICATIONS FROM THE AUDIENCE Roy F. Young and Cleo D. Young, 7533 E. Garvey Avenue, stated that a letter had been sent to the Council by certified mail with a return receipt asking to appear before the Council and be heard. This letter was sent via the City Manager and requested.a written reply and up to this date a response has not been received, and he-inquired why. This letter was sent on December 12, 1984, and he presented all of the Council with a copy of that letter. Cleo D. Young read the letter into the record: December 12, 1984 7533 E. Garvey Ave. Rosemead, Calif. 91770 TO: MAYOR GARY TAYLOR and the CITY COUNCIL OF ROSEMEAD FROM:LeRoy F. and Cleo D. Young VIA: CITY MANAGER, FRANK TRIPEPI Dear Sirs: In reply to a letter dated December 4, 1984 and signed by Carole R. Hollander we protest the misstatements made in the letter from her, and an unreasonable mandate given by her with the threat of having the District Attorney enforce her decision without a lapse of reasonable time or even a discussion of this matter. Please consider the following. #1- Inspectors disregarded no tresspass signs and did not contact us to get permission to enter or to accompany them on inspection tour. The travel #2- It is not permanent. It is sitting on a parking area(C-3) that is black Trailer topped for parking purposes and has been used as such for many years. #3- The Travel Trailer in question has a current license on it and is a recrea- tional vehicle. #4- It is not being lived in nor has gas, electric, water or sewage. We came to City Hall to contact Ms. Hollander but was told that she had . the afternoon off, on December 6, about 3:25 p.m. We then asked her to convey to Ms. Hollander the message that we would appreciate her coming to see us so that we could observe just what the problem is so that we CM 2-26-85 Page #1 • • Letter Continues: might aleviate it or correct it. She had not even talked with us as yet. She did call on Dec. 11 at about 11:30 a.m. We found her diffi- cult to coa m nicate with and she disdainfully hung up on each of us. We are law abiding citizens of Rosemead and have been in business here for over 35 years. We keep our place in good repair and are not causing anyone a problem but do believe in (Live and Let Live). We would like to appear before the City Council and present pertinent facts. Moreover we respectfully request that you instruct Ms.Hollander to hold her mandate in abeyance until we have been heard by your group. We resent the form of harrassment that is taking place in Rosemead which appears to be an attempt to induce everyone to sell their property. Under the Constitution and as American Citizens we have a right to know who filed a complaint and face our accusers if we are charged with break- ing the law, and defend ourselves without an Attorney. This is why we appeal to you. To use common sense and defend our rights also. We have taken pride in our City and its Council. We consider each person on the Council and the Mayor our personal friends. We solicit your wisdom and friendship. Would you please have the City Clerk notify us in writing of the date and.time that we can be placed on the Agenda to appear be- fore your group and be heard. This should be no emergency. It has been this way a long time and the Holidays are here. Yours Respectfully, LeRoy F. Young and Cleo D. Young Mayor Taylor stated that the Young's could attend the Council Meetings without permission or being placed on the Agenda, and he stated that he would get the background information regarding this matter. Mayor Taylor told them that they could meet with the City Manager or the Assistant City Manager in order to see what has been done and what needs to be done. Mr. Young stated that they are working with someone from the City since the 19th of this month. Mayor Taylor stated that the Young's could meet with the staff and the staff will give the Council a report on the matter, and told the Young's that they were welcome to back to the Council anytime. B. Juan Nunez, 2702 Del Mar, commented on the trucks park- ing on property behind the Del Mar Foods Market and on the Kingdom Hall area. He stated that it is becoming like a truck-stop there, and inquired what could be done about it. . Frank G. Tripepi, City Manager, stated that the property owner could be contacted to see if he is aware of the fact that it is being used for storage by some trailers or for overnight layovers. If the owner does not want them there, with the cor- rect signing, we could take care of the problem. Mayor Taylor requested the site be checked for debris and trash that are around the trucks, and to see if there are any violations of the code. Councilman Imperial,-questioned the legality of parking overnight. Mayor Taylor stated that would be checked into also. C. Andrew J. Calderone, 3906 N.. Charlotte, San Gabriel, stated that he lives in Rosemead; however, his mailing address is San Gabriel and when he signed up for the cheese program,' he was not able to get the cheese. Michael Burbank, Parks & Recreation Director, stated that in order to receive cheese in Rosemead, you must be a resident of Rosemead, and it is required•to bring some type of identifi- cation when applying for the cheese. Mr. Burbank stated that the problem would be taken care of tomorrow. Mr. Calderone suggested that these people who live in Rosemead but whose address is not Rosemead could receive an identification card and this would take care of the problem. CM 2-26-85 Page X12 III. LEGISLATIVE A. RESOLUTION NO. 85-9 - CLAIMS & DEMANDS Mayor Taylor questioned Warrant No. 13418 for class instruc- tion in the amount of $1068 and inquired if this was for several months. Frank G. Tripepi, City Manager, stated that the Council would be provided with back up material on this warrant. Mayor Taylor inquired about Warrant No. 13433 for three months dues for the Kiwaniis membership, and whose membership it was. Frank G. Tripepi, City Manager, stated it was for him. RESOLUTION NO. 85-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $156,275.41 NUMBERED 9282/9300 and 13375 THROUGH 13478 INCLUSIVELY MOTION BY COUNCILMAN TURY,;SECONDED,BY COUNCILMAN BRUESCH that Resolution No. 85-9 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Bruesch stated that he had asked for a back-up on a warrant and got a memo referring to a strong motion instru- ment and wanted to know exactly.;what that.was. Frank G. Tripepi, City Manager, it has to do with seismic laws and seismic standards and it is.for the inspection of seismic safety and for that a fee is collected and remitted to•the.State. IV. CONSENT CALENDAR (CC-A, CC-,C and CC-K deferred) CC-B EXTENSION OF AGREEMENT WITH WEST COAST SLOW PITCH UMPIRES CC-D REQUEST AUTHORIZATION TO SELL CITY OWNED PROPERTY AT 9207 GUESS STREET CC-E AUTHORIZATION TO ATTEND CITY CLERKS ANNUAL CONFERENCE IN OAKLAND, APRIL 18720, 1985 CC-F INSTALLATION OF TRAFFIC CONTROL DEVICES, ELLIS LANE AT RALPH CC-G PARKING REGULATIONS/WALNUT GROVE SOUTH OF RUSH STREET CC-H INSTALLATION OF RED CURB, MISSION DR. EAST OF ROSEMEAD CC-I INSTALLATION OF RED CURB, GRAND AVENUE AT SAKAIDA NURSERY CC-J INSTALLATION OF RED CURB, WALNUT GROVE AT EDISON COMPANY CC-L ACCEPTANCE OF EASEMENT AND PERMIT TO ENTER/PINE STREET IMPROVEMENTS MOTION BY COUNCILMAN BRUESCH, SECONDED BY COUNCILMAN.TURY 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-C APPROVAL OF 14TH HANDYMAN PACKAGE & AUTHORIZATION TO SEEK BIDS Mayor Taylor requested a clarification on a listing of inoperative vehicles and he felt that should not be in the handy- man program.as it is a rehab or code violation, and he requested an answer. CM 2-26-85 Page #3 • • Jim Guerra stated that Code'violations are an eligible item under the Handyman Program; however, all vehicle abatement is done by the owner, and it should say by owner on the specifica- tions. He stated that the bid package that goes out will have that correction in it. MOTION BYCOUNCILMAN TURY, SECONDED BY.COUNCILMAN BRUESCH that the 14th Handyman bid package be approved as corrected and authorization be granted to seek bids. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. Councilman Bruesch requested a copy of the Handyman Guidelines and inquired if there was a limitation of time to complete these projects. Jim Guerra stated that the limitation of time is 30 working days or six weeks. CC-A DIAL-A-RIDE CONTRACT (VERBATIM) Mayor: We will backtrack to Item CC-A the award of the Dial-A-Ride Contract. I have a request to speak on this item, Mr. Witke is it? Witke: My name is Ed Witke. I am president of the Sight Council for the Rosemead Senior Citizens, your honor, Mayor Taylor and Councilmembers. I have a new list of five new members, five new people today that have a gripe and I would like to read you at this time, make it short and brief what each one has.to say. Without mentioning names I would just read what they have to say, and then you could have a copy of this if you want. Now, this one here says, she lives just about a half a block on the other side of the boundary line and she is more or less an invalid and she needs to go to the doctor but she cannot get anyone to pick her up. Now, I don't know if that is, half a block over the boundary is that much difference. It is a matter of opinion, I guess, but anyway, nobody has ever picked her up so she still has to pay for a taxi to get to the doctor. Then another one says the driver is always late. This is a new complaint. In December I handed in, I think it was 20 or more people that had complaints. I took this today when I was at the Council Meeting. Then also there is another one here that says the driver was many times late and sometimes never even shows up for no reason at all. So they miss their meetings and every thing else and their council at the Rosemead Center. Now, also here there is a lady who was talking about..in the last two mornings when she came down to the center there, the bus had a.broken window, and called my attention to it when I was walking out of the center about noon. I could see that there was no window. Not behind the driver, but the other side, just behind where the driver would sit, and if any one there with a cold gets that cold draft in the morning, it is really not good. That window was big and open. I saw that myself. Now, Pauline Harrington, you probably know her. She is a wheelchair lady and she knows all of you people. She discontinued the service after one bad example here. I saw her here in December at a Council Meeting. She said that they will not assist her in a wheelchair that comes down the slight incline from her home, and if she should turn loose of the wheelchair it could turn over. She has never had any assistance so she never calls the Dial-A-Ride anymore on that account. O. K. then Johnny Hill, who is the president of the Blind Club in Rosemead, I asked him today if he had anything to say about the-he said "no" he himself had no gripes because he has a lead dog, a German Shepherd, and he always takes the bus, RTD, where- ever he goes so he doesn't use the Dial-A-Ride. However, he has three members in his group that are totally blind and say that they are always late in being picked up or they don't get picked up at all. They stand there and wait for an hour or two hours out there in the open, and never get picked up at all. That is three complaints from this club. Now, also a blind man in Don Milton Manor which is on New Avenue, says that he used to take the taxi, Yellow Cab, to go to the doctor, but he says he is so afraid to do it because he is not as coordinated as some blind people are, but he is totally blind so I took it upon myself to take him to the doctor once a month in Montebello. He has skin cancer and he needs treatment once a month. So F have been doing CM 2-26-85 Pave #4 (Witke continues): that for the last year. Of course, I have been dedicated to the blind as much as the senior citizens for ten years now. I continue to do that. Also in closing I would say that I myself are in favor of Community Transit System, and I think that they will do a proper job for us. Mayor: Thank you. I have a couple of questions, I am looking for Mr. Moriarity, or Yellow Cab. Is anyone here from Yellow Cab? May I have your name sir? Melika: My name is Wagih Melika, owner of the Yellow Cab. Mayor: On the new contract what are the hours of the service, as far as your interpretation of providing the Yellow Cab for the residents of Rosemead. Melika: On..the.new::bid it is 7:00 a. m. to 7:00 p. m. Mayor: From 7:00 a.m. to 7:00 p.m. Under the old contract it was 24 hours? Melika: Yes, sir. Mayor: The old contract last year was for $71,000. Melika: Yes, sir. Mayor: What happened in this contract to cut the service from 24 hours to 12'hours and raise the price from $71,000 to $125,000, or an 80% increase. What caused that? Melika: What caused that was because we have a contract with the City of San Gabriel and the City. of Temple City and we use the three cars between the three cities and that is what reduced the price for the City of Rosemead. Now, in the new contract on the new bid they requested that the vehicle be used 100% for Rosemead. They don't need that complete for the three of them, but to spread that Van between three cities that makes a lot of differ- ence. Mayor: So basically that makes the change from 24 hours to dedi- cated 12 hours. It is going to be the same service, is that cor- rect? Melika: Yes, sir. Mayor: You are going to have the... Melika: But the dedicated vehicles would be completely for City of Rosemead. Mayor: What was different in the past when you had dedicated vehicles for the City of Rosemead. Melika: There is a van for example that has a wheelchair, we used for the three cities, now we use it in Rosemead,.all of it. Mayor: Alright, now what about the other two dedicated vehicles. Melika: Until 5 o'clock we use the dedicated vehicles and after that we use taxi cabs until morning. Mayor: But under the old contract we had two dedicated vehicles plus one dedicated van that was used inter City? Now, under the new contract we still have two dedicated vehicles? Melika: Yes, and a van. Mayor: And a van, but we had two dedicated vehicles in the past. Melika: But it was not as requested brand new van, new cars and new van. In my proposal it is brand new cars and brand new van. Mayor: Alright. So that jumps it from $71,000 to $125,000 just because of the dedication clause? Melika: And the cost of the cars. CM 2-26-85 Page #5 • • Mayor: So we.are cutting t-he service. It will no longer be available from 7:00 p.m. to 7:00a.m. It is beyond me to try to figure out how they can justify that. Bruesch: Mr. Mayor,-I was privileged to,go- down to-view the operation of Yellow Cab in El Monte, and I have a couple of questions that I want to ask Mr. Melika. You say that our dedicated vehicles are on duty from what hours to what hours? Melika: From 7:00 in the morning to 5 o'clock in the afternoon. Bruesch: Do you also agree that most of the service is...the strong.time of service is between between three and 4:30 and five o'clock. Melika: Yes.sir. Bruesch: Then why was our dedicated vehicle parked on your lot at 4:35 or 4:37 when I arrived there? Melika: Maybe mechanical problem. Bruesch: No it was not. I saw it driven in there at that time. At that very time it was driven into your-,-lot at 4:37 or 4:38 or something. Melika: I can't answer your question because I don't know.... Bruesch: And it takes about 5 minutes or 10 minutes to get from Rosemead. If we are being serviced... Melika: Maybe the driver had to,go to the bathroom or I don't know. Bruesch: He took his trip sheets in at that time. Melika: I don't know the circumstances or why he came to the office. Bruesch: Mr. Melika, what are the requirements on tires for your vehicles? Melika: Tires. We change them when they wear out. Bruesch: What ply rating do your require on your vehicles? Melika: I don't know. Bruesch: Your Manager,, or.temporary Manager, Mr. Moriarity, took me on a tour of your vehicles and he'said to me that we have 8 ply rated tires for the vans. I looked at them closely and I said are you sure. Melika: Well, actually they are six ply but they are 8 ply ratings. Bruesch: I looked at all the tires and they were all 4 ply tires and they were also bald. Melika: On what vehicles? Bruesch: I saw the vehicle that, was dedicated to our community with a tire that had no tread on it. The front right tire had no tread on it. Mayor: What about the other three, when you said all the cars? Btuesch: I saw I went around and looked at three different vans, and they were all 4 ply tires. Mr. Melika what is the policy on brake repair? Melika: They check it when any of the drivers... Bruesch: How do they check it? Melika: They take it for a road test. CM 2-26-85 Page #6 Bruesch: I am under the impression that they do it by sight. According to the word of your Mr. Moriarity. They pull the linings off and they.look at it, and if it is 50% worn,they will throw them out and they will reinstall them. Melika: They take them for a road test. Bruesch: That is not what he told me. That is not what he told me. I am under the impression that the shop foreman that you have has been... walked off with the keys or something like that and you have not rehired a shop foreman. Is this so. When is a shop fore- man going to come in? Melika: I am still looking for one. Bruesch: 0. K. According to our Contract you say you are giving sensitivity training to your drivers. i Melika: Yes, sir. Bruesch: How do you test those 'drivers in the fact that they have past this particular tape course that you have? Melika: This course that we have is a readymade course made by a firm that specializes in transportation. The twelve tapes that they listen to and when they finish it, if they get any violations or any complaints... Bruesch: How do you test these gentlemen as to their absorbtion of this information? Melika: We do not test them on this course, but if they have any violations, they will come and take the course again. Bruesch: On your tapes I saw nothing about sensitivity-training. There was one tape talking about how to handle a blind person. There was nothing that specifically stated sensitivity toward the needs of the senior citizen and of para transit organiza- tions in the operation of senior citizens. _How often do you up-date your flyers for the disposal within our community? In other words with the phone numbers...How often do you revamp those to pass out to the senior citizen centers. Melika: Whenever it is necessary. Bruesch: Again I quote Mr. Moriarity saying that he dropped 500 revised, revised pamphlets in June or July of this year. They were not revised. We saw no new materials and according to the staff..... Melika: We did not revise them. Bruesch: Then why did Mr. Moriarity say that they were revised? Melika: We did not revise them, we just Bruesch: Then why sir, did Mr. Moriarity tell me that they were revised. Melika: Don't know that they were revised. Bruesch: I am dealing here with half truths, untruths. What type of operation are you running there? I don't like to be lied to. When I see 4 ply rating tires on a car that was told to me to have 8 ply rating tires. That is a lie. Unequivicably. Melika: We put the tires according to the specifications of the taxi. Bruesch: When I am told they are a 8 ply rating tire, I accept it as truth. When I find out they are 4 ply rating tire, I. accept that as a lie. Melika: On which vehicle sir. ' Bruesch: On the van. CM 2-26-85 Page #7 • Melika: On a specific Van? Bruesch: On the van that was dedicated to our use in our City. Melika: I will have to go look... Bruesch: Mr. Mayor I move that we go with the approval of the recommendation'o-f the'staff. Motion died due to a lack of a Second. Mayor: We have more questions before we go...If the other Council members have any questions also, I would like to get clarified also the time hours that we have. We are doing a dis-service as far as the residents, if they want to use it after 7:00 p. m. until 7:00 a.m. Mr. Melika the.letter states that you have served the City of Rosemead for seven years. How many accidents have you had. Melika: Nothing.. Mayor: Nothing. Mr. Kerr or Mr. Tripepi do you recall any acci- dents involving residents in the seven year period? Tripepi: No sir, I don't. Imperial: We have been quite fortunate because looking at the vehicles that have been serving the City of Rosemead, they are accidents waiting to happen. We have been very fortunate. Mayor: Mr. Melika, the cost factors and the time that you have been serving the city of Rosemead in the last year, under your current contract, what would be the new contract, what would the cost increase be if you continued under the same 24 hour service dedicated vehicles and van dedicated for use as needed in Rosemead? What would be a rough guess as far as an increase in the contract? You are $71,000 last year and if the contract was generally the same as it is, what would be the increase for the new year? Melika: About 10%, if it says the same conditions. Mayor: Basically, the contract doesn't seem to be in error as far as the services provided, timing and vehicles. As far as some of the problems that the... and I.say waiting time, that's ....I have the last report that we have here and I have gone through every single page. There were a few out of the 800 pickups that were maybe an hour long. But as far as the general contract, the way it is right now, to renew that for another year, it would go roughly from $71,000 to $80,000. Melika: No sir. Without dedicating vehicles. In other words, just to serve the City with any unit we have, not specific units, that would be $80,000. Mayor: I have to agree tha haven't had.the opportunity that come over there during different vehicles, we have van. To your knowledge how a given day here? L there seems to be a problem and I to see all the different vehicles the day. I don't know how.many the two dedicated'; and we have the many taxi cabs actually serve on Melika: Not only taxi cabs, but we have vans here. We have 17 vans that also serve other cities. Mayor: 17 vans, but when a taxi cab comes over to the community center what would you have..six or eight different vehicles during the day? Melika: About that much, yes. Mayor: I am a little concerned too, with what Mr. Bruesch was making.comments about, and Mr. Imperial. That some of these are older vehicles. If there is a broken window as the gentleman mentioned awhile ago, how do you monitor all these vehicles? Who is responsible for that? Are they Yellow Cab owned cars or are they leased through the driver? The driver works for Yellow Cab? CM 2-26-85 Page #8 Melika: No, they lease the cab. Mayor: Who leases the cab? Melika: The driver. i Mayor: The driver leases the cab from!Yellow Cab. So it is your ultimate responsibility that there be no broken windows. Melika: This is the first time that I heard that there was a broken window. Mayor: I am just making the statementithat if there was a broken window there or if there was a bald tire.... I Melika: It shouldn't be going out in the street.... Tury: Mr. Mayor, this is just a comment, and I know what you are coming to, but we are looking at allist that includes things such as the passengers seat is not secured,a missing front bumper. Now, these are CHP reports. Missingia front bumper. I am ignoring the no fire extinguisher in the vehicles because they virtually all have that. Drivers failito fill out the daily in- spection reports. Emergency exit door locked, battery not secured. The horn inoperative. These are CHP equipment inspection reports. Melika: What year? Tury: 1984 isibasically what.we have., The latest one is June of 84 is the last one that we have here. We are looking at cars that are going to be servicing our residents and we have heard about one broken window. Mayor Taylor has elluded to the fact that he has only seen only 20 formal complaint reports, but if you get out in the City and you go to Senior Citizen things and you talk to the people, for every one you get in here, there is going to be 20 that won't bother to call. Or won't take the time or, scared to, call the City. So to use that 1% figure as. anything meaningful I think is misinterpretation. But you look at... Melika: It doesn't even come to 12%. Tury: It may be 0% but nonetheless, the people who will formally actually call City Hall and complain are just a very small minority of people who have a complaint. People are scared to call City Hall. People don't want to take the time to call City Hall, but if you get into the community and you ;talk to the people, I think you could probably fill this audience several times over with people who have a dissatisfaction. Basically, it is not with your company, the time is something that I can agree with Gary. Once in a while it is going to run over, but when you have cars that are missing bumpers and the seats are not tied down, if batteries are not tied down, you have a hazard.. Bald tires, you are supposed to have 8 ply tires on a van and you have 4 ply tires on a van. We have been sharing vehicles but we have two of them dedicated. I really question if we have any of.them dedicated, we have nothing but a bunch of old ones around here that I have ever seen. I have never seen any of the good ones that are sup- posedly dedicated to our City. So I think it is not only a matter of little things like maybe a little late picking up or something like that, but I think we have a geniune problem with a lack of maintenance on the vehicles and we haven't had an accident, but I agree with what Jay: said, maybe we have been damn lucky. I am not real anxious to ispend all that money either, but I do think that if we are going to, do a program, it should be at least a safe program. Thank you Mr. Mayor. Mayor: Alright, I would like ...Mr. Melika, the report that we have here, Highway Patrol Inspection Report, I am sure that you haven't seen it yet. It was just delivered to us today. What I am curious about.... Melika: June, 84 sir? Mayor: Well, there are different dates, March 7, 1984 and,June, 1984. 1 CM 2-26-85 Pave #9 0 Tury: I might ask..if I may interrupt for one second, Mr. Mayor, I might ask staff how we finally got these. Did they give you these reports or did we have to go to the CHP to actually get these reports. Melika: It is a public record. Tury: It is my understanding that they tried to get the records from you and you did not respond with those records from your com- pany. They did not speak to you personally, but your company. Mayor: Were you aware of that, Mr. Melika, that they had re- quested from your company these reports. Melika: Yes, they did request these reports, but I gave the reports to the City of Monrovia and they lost it and they could not find it and I requested from the Highway Patrol and they would deliver it to me in the very near future. Mayor: When did you request it? Melika: When Mr. Kerr asked me about it. Mayor: When did Mr. Kerr ask you for the report. Two or three days ago? Melika: Yes. Mayor: You asked for the report from the City of Monrovia. Melika: I tried to get it back from the City of Monrovia and they couldn't find it. Mayor: Three days ago, so you didn't get that back. Melika: No I did not get it back yet. Bruesch: Mr. Melika, isn't common business practice when you have a public record and you send it somewhere to send copies and keep copies yourself. How... Melika: Yes, I usually keep a copy for myself... Bruesch: Why did you not then keep a copy? Melika: They came in one day and they were talking about the report and they took it and said they would give it back and I did not have any use for it at that time so I gave it to him. Bruesch: No use for it. This is public record sir. Public record of safety. Melika: You can pick it up from the Highway Patrol. Bruesch: But the California Code says that the carrier shall provide its latest rating upon request of the public whether received in writing or in person or by telephone. It is your responsibility, not the Highway Patrol to have the set on hand. Melika: I had it, but I just lend it to the City of Monrovia. Bruesch: Again, we are dealing with a poor business practice. Mayor: Mr. Melika, the report states here equipment number 50, 11, and 52. Melika: These are for the City of Monrovia. Mayor: Are you sure? Melika: Absolutely. Mayor: 0. K. It says Monrovia Transit on ...Monrovia Transit, Monrovia Transit. What about our vehicles? CM 2-26-85 Page #10 Melika: If it has the name of the City on the top-they write the name on it. Mayor: How many of these Cities do you serve? Melika: I serve Monrovia. I serve Temple City, Rosemead, San Gabriel, Hacienda Heights, Roland Heights, Diamond Bar, E1 Monte. Mayor: So we have two complaints here. June of last year and March of 1984. The first complaint is for vehicle number 50, no fire extinguisher in vehicle, and passenger seat not secured. Now, this was an inspection in your yard or... Melika: Yes, in our yard. He comes every six months or every three months... Mayor: Why was that vehicle in your yard then ...passenger seat not secured-they were inspecting a vehicle in your yard and not in service. 0. K. so it was in your yard and we have to go to the City of Monrovia to find out that we were checking.their vehicles then. No, No, let me finish-this is a Monrovia vehicle that is listed passenger seat not secured that was examined in your yard not on the street. So we would have to go to the City of Monrovia and start checking their records to.verify their vehicles. ..My point is that I want to know the vehicles in the City of Rosemead. I am not condoning the fact that there was a loose seat. We go to the next item. No. 11 Monrovia Transit front bumper missing. Again, in your yard. These inspections were made in your yard as far as ..Let us be fair about it, all of the vehicles must be inspected in your yard also. Where are the reports Melika: They will not say on the reports City of Rosemead be- cause it doesn't have.City of Rosemead printed on the.taxi.. Mayor: I want to know where the inspection reports are for the vehicles serving the City of Rosemead. Bruesch: What is the number of the van that serves Rosemead? Melika: I can't remember now. Bruesch: Is it not 50? Melika: No, No, 50, 51, and 52 are serving the City of Monrovia. Bruesch: What are the numbers of the vans that service Rosemead? Melika: There is only one van. Bruesch: O. K. what is the number? Melika: I think it is 21. Bruesch: Am I not mistaken as to assume that if 21 is busy on one job they will pull other vehicles off. In other words van #50 might well be serving Rosemead also. Melika: No, because they are dedicated to the City of Monrovia. Mayor: Let's. go to the next item here vehicle #52, no fire ex- tinguisher in the vehicle I mean..it is a violation, but I am going to say as far as I am concerned, not a serious one. I could ask 50 people in this audience and I almost feel tempted to. How many of them have a fire extinguisher in their car?. One, two, three, four, five. I don't have one in my car. I am not saying right or wrong. Melika: We were supposed to have them in the Van, but the people sometimes take them-away with them. Most of the time it will be missing, and we have to keep putting them back. Mayor: Regardless of that, it should be in there because the code requires it. CM 2-26-85 Page #11 Melika: We should have a fire extinguisher. Mayor: So we go to the. next page here. Driver does not fill out or submit daily inspection reports. They should be done, but it is not a life threatening situation. Next item, Monrovia Transit service emergency exit door locked. I think we should tell Monrovia to check their vehicles. Tury: I would hate to see the ones in this town, Gary, cause I have seen the damn things. I know what they look like. Mayor: Horn, inoperative, fire extinguisher not included. I would like to see the report on the Rosemead vehicles. Mr. Tri- pepi', do you want to say something. Tripepi: Well, a question to Mr. Melika,, to confirm what the CHP have indicated, isn't it a fact when the California' Highway, Patrol does an inspection of your yard, there inspection is done on the Monrovia Transit District. Is it not? Isn't that how it is listed on the inspection? Melika: If the unit has a name on it, then they will list the name. Tripepi: Is the City of Monrovia a part of the pool of cars that you draw from when you say that none of us really have dedicated cars that are running all over the place, to speak of. So really you can't identify Rosemead vehicles. It may be a Rosemead vehicle today and it may be a Monrovia vehicle tomorrow. Unless it is specifically named as a Monrovia.vehicle and they may have a dedicated car. Melika: No, on that contract they did specify that they wanted their name to be printed in such a way on the van and to be colored in a certain way to..... Bruesch: Mr. Melika, then why, tell me was.the van that was pointed out to me as being the one that serviced Rosemead, why on the dash board did it have dozens of parking stubs from Monrovia? Melika: What was the number of Bruesch: I don't know the number. I can't Melika: And what color? If it is blue it is Monrovia. Bruesch: It was a blue one.. Melika: Then it was a Monrovia van. Kerr: It was a tan vehicle. I believe the vehicle number that we were given was M. Bruesch: O. K. it was a tan vehicle. It was pointed out to us... Mayor: O. K. you say it was tan and Mr. Bruesch says it was blue. Which one are we looking at. Bruesch: Mr. Mayor, all I know is the one that was pointed out to us as being dedicated to Rosemead had on the dashboard, we picked them up about 8, 10, 12 stubs from Monrovia Parking garages or something. Melika: The van that services the City of Rosemead is not dedi- cated to Rosemead alone. It could be for.Rosemead. It could be for back-up and if we have a jam in Monrovia, they will go and take the van. They will go and work in Temple City. Mayor: You already clarified when we started this conversation that Van serves San Gabriel, and Temple City. Bruesch: But not Monrovia. Melika: No, not in a regular basis. Only if there is a specific problem where we have to use a wheelchair van. CM 2-page266--85 8 M~ i Mayor: The report that we get monthly, monthly Dial-A-Ride Report. It lists number of trips, 742 year to date for 7 months, this January, 5400. Seven into 54, seven times, roughly 750 on an average per month. The cost,operating costs $6000. 8 times 8 is 64 so roughly, if it,was $8 a trip times 800 trips that would be $6,400 so $7.50 a trip just rough percentage. $7.50 a trip each way. So $7.50.there $15.00 back. What we are getting into now, this is the current con- tract. We are basically going to have the same number of riders. It is going from:$71,000 to $180,000 is the bid that is being recommended tonight. No, that is not your.bid. Your:bid is $125,000 under the new proposed contract. Now, that bid jumps from $7.50 per trip.to $20 each way., So now.it.becomes a $40 trip. I;don't know.ifyouu understand what I am saying. Mathe- matically, you figure it out at a $180,000 divided by 750 trips per month. Melika: The old contract was for 24 hours, and the new contract is only for 12 hours. Mayor:. Regardless of when it is, I am just using the figures that we have before us. It is $7.50 each way. Under the new contract the recommendation is to accept it for 12 hours service at $20 each way costing $40 per trip whether we take them to the South E1 Monte Community Center or we take them to El Monte-Community Center. It is going to cost the residents.of this City overall $40 a trip. I would like to know from staff what the Silver Mug is, what Three P's is, and the Lucky Lady. Can you tell me what those are Mr. Burbank'. You are grinning. Burbank: My guess, sir, is that they are.taverns. Mayor: Those are cocktail lounges, $40 a crack, that we pay each month to take individuals to. That is what the new recom- mendation is that we pay $40 to take them there and bring them home. That is just a point.there, and we take them out of the City at $40 a crack, and we take them to Arcadia shopping mall. Melika: You can reduce the cost by... Mayor: The point I am trying to make is, exactly... Imperial: Mr. Mayor, if you are going to bring out that figure as I had brought to the Council's attention, there were 4 trips in one day at $40 a crack by the same individual. Mayor: Your point as I said was well taken, Mr. Imperial, you were the one that brought it up. As far as the Silver Mug, and the Three P's that is totally out of line that the community be paying those kind of costs, whether it'is $7.50 or $20. /We shouldn't be paying it. But the point being is, we as a City, the Council is obligated to provide reasonable, safe.and good service. And all I have to base it upon is these monthly records,, and that is why we require them. When someone tells us that the senior citizens have a complaint, they are not getting good service and such. Maybe they don't feel treated perfectly right. Someone doesn't go to their door and knock on it and ask them to come out and get into the cab. That would be ideal and I think it would be excellent, but how do I say it, that is not mandatory part of the service. By the same token, the residents shouldn't stand in the driveway waiting an hour. The senior citizens... there was a gentleman that came to us tonight with a misunder- standing on the cheese program. I stated at the last meeting, I know a lot of the senior citizens, some of us still have our parents around and they become very impatient. The timing, they don't understand that they are not readily available and you can open up any page in here, it doesn't matter, and you look at the time. Time, date,call received, 5:48 a.m., time required, as soon as possible, cab showed up at 6:00 a.m., 12 minutes. I don't care what page I pick on here. Tury: Who fills out. those trip sheets, Mr. Mayor? Mayor: Yellow Cab. Tury: Oh, thank you. Mayor: They are everyone a lie. Who fills them out. The implication is, Yellow Cab,you can't believe them. Understand my point. We have to get documents every month that the Council looks at and reviews. It doesn't matter what page. CM 2-26-85 Page #13 0 0 Melika: This is a requirement. That the staff requires. Mayor: That's fine. All I am saying is that is either we believe these 740 and if 10% of them are lies, they are all lies. I have to assume in good faith that they are reasonable here. If they are not and if we find out that they are lies, you have no business serving the City of Rosemead. Melika: What page is that? Mayor: I don't care what page it is. 7:10 a.m. time called, as soon as possible, 7:40 a.m. to El Monte Senior Citizens Club. My point is that, I can only vote for the contract that provides reasonable, good and safe service to residents of the community of Rosemead. I cannot justify $7.50 fees jumping to $20 each way. The hesitation in my mind is the safety factor. There is a potential there that I don't like the implication. But by the same token if you have served us for seven years transporting, , 8,000 per year. Melika: We transport about 2,000,000 every year. Mayor: No, I am talking about Rosemead. I can't help the rest of the world. But if you have 7000 a year times seven that is 50,000, 40,000 riders. Pick a number. If you haven't had an accident in.seven years ...I have to say that that's reasonable good safe service, and the inspection report that we had was for Monrovia. If we had it for our Rosemead vehicles, it might be a different story. But I certainly spoke my piece, what has the rest of the Councilmembers have to say. Imperial: Mr. Mayor, we have had this service for how long now? Mayor: Seven years. Imperial: Seven years. I have heard various complaints and I think the biggest violation was across the street at Howards Restaurant, when the cab company was called. A senior citizen, a lady in her 80's wanted a cab, she called and no response. within a half hour. She called again, and if I can recall, the lady made about 4 trips to the telephone and by this time she was exhausted and the waitresses started calling and no response. To make a long story short after 22 hours the manager felt so bad for this lady, he took her home himself. That is just one example. As far as I am concerned, Mr. Melika, you can serve some other City, but not this City if I have anything to do.with it. You have had 7 years to prove your company, and you haven't done it. I have taken a look at some of your vehicles and if I vote on nothing but motorized bicycles, it wouldn't be your company. You have had a chance to do something and.you haven't. Mr. Mayor I am ready to go on to whatever else is available, but it sure would not be Yellow Cab in my opinion. Mayor: Mr. Tripepi, several months ago, we had a City employee driving a vehicle down Walnut Grove and there was an accident where it rear-ended another vehicle. Do you recall that? Tripepi: Well, I believe it was Temple City Blvd., if it was the one I am thinking of. Mayor: There was one in front of Edison, down there. Did you fire that employee? Tripepi: No, sir. Mayor: I am glad you didn't. The.point being that we can have our accidents and use a little discretion which you are right in. The point being is that we can make mistakes and such and we accept them, and I am not..it was a sad happening over at Rewards of what Mr. Imperial is describing, but I can only go on seven years of service, total.record, and I have to agree about some of the com- plaints they are very valid, but again the seriousness of them, but does it justify the cost to the entire City of Rosemead, what we are proposing to do? If there had been accidents, if we had known of the faulty problems and such, I wouldn't even be talking about it. I would vote your contract out right now, but I can't in good CM-2-26-85 Page #14 Mayor continues: conscience vote for a the way it is being pre- sented to the Council. Tury: Mr. Mayor, you keep referring to the entire City of Rose- mead paying for this. The entire City of Rosemead is paying for every single transit program that is sponsored, funded through proposition A. So don't try giving the impression that the resi- dents of Rosemead are picking up the total tab for this. Mayor: They pickup a proportion of this. It's share, no matter what it is. Tury.: They pick up a portion of every transit district that is using proposition A funds. Equal proportion. Mayor: I agree.. Tury: That's fine. Mayor: Well, we are at this point.. Bruesch: Call I call for the question? Mayor: You didn't have a Second. Motion died to due-a lack of a Second. Mayor: I'll make a counter motion: I move the approval of.the Yellow Cab Contract. Now another motion would be appropriate. Bruesch: "I move that we go with the recommendation of staff. Imperial: Mr. Mayor, I certainly can't go for your motion and that died for a lack of a second. I can't certainly agree with the proposal set forward by the new cab company. I have a pro- blem with that. I would like to know if the senior citizens and the handicapped in this community, for instance, can order a cab out at seven o'clock because they want to go to dinner, and that is the time a lot of people go to dinner and they can get a cab or a Dial-A-Ride service to get back from the restaurant and not be stranded there. I think there are some loose ends in this and I am not ready to make that decision. Again, I go on record as saying that I am certainly not for the Yellow Cab Co., but I am also not very happy with what is presented and I think we should take a good look at what we've got. Tury: Possibly what Jay is saying is we might find out what the cost of the second low bidder is to extend that to say to 9:00 o'clock. Mayor: Do we have a representative here? Tury: Or to adjust the hours somewhat. Mayor: Could you tell us. Thank you Mr. Melika. Can you tell us what the increase would roughly be in your contract going to 24 hour service, keeping the service that you have proposed, plus adding additional service for Tury: I was going to say make the starting time to 8:00 a.m. and make the closing time.to 9:30 to 10:00 p. m. Walt Diangson: Mr. Mayor, members of the Council, my name is Walt Diangson, Vice president of CTS of Daves Systems, 1450 17th Street, Santa Ana, California, the staff proposal that is being referred to, the hours of service are your hours of service, we are responding as all other three bidders to your request of the proposal. You established in adopting that RFP to issue publicly those hours. We can move and have the flexibility to go beyond 7:00 p. m.., to do week-end service, to do even 24 hour service. Like I have reminded a number of Cities in this area that are considering E & H systems, that the senior citizens primarily move, the bulk of that population, moves between 9:00 a. m., and 4:00 p. m. You ask me now, how do I know that? We operate 34 systems. We brought the first Dial-A-Ride to California. We have reams of data. We have a San Gabriel study. A San Fernando Study. We designed Orange County Transit District Dial-A-Ride System. We would be happy to move those hours in any flexibility from CM 2-26-85 Page n15 Diangson continues: nine to eight, to 24 hours. You ask me what the cost would be, and I would say after the fixed costs are covered the average rate right now as we proposed was $15.50 after fare box is.collected. We proposed that you consider. a split rate, where the only thing that you are charged for is drivers time, fuel and maintenance for that mile travel. Once the basic fixed costs are covered, you may be looking at $10 an hour or less. Probably $5 to $8. Imperial: Breaking it down, Mr. Mayor after all these figures, how much will it increase the bid price. Diangson: How many hours do you want to expand to. See what I am quoting is the 7:00 to 7:00 p. m. 359 days,seven days a week is your scope of work. You can adjust that as you set policy as where we might travel. You can adjust that to 8:00 to Mayor: I think we are talking about roughly up until 10:00 p.m. Does that sound realistic. Tury: I was thinking about from 8:00 till 9:00 p. m. which would give us an extra hour a day, and slide the thing forward one hour. Mayor: Excuse me, if I may, Mr. Tury, just opening up these sheets here. 5:30, 5:00 a.m., 6:40 a.m., 8:40 a.m. 5:45 a. m., 7:20 a.m., 5:10 a.m., 7:15 a..m., so I think 7:00 a.m. is reasonable. If you want to add three hours to it, that is the realistic price we need. 7:00 to 10:00 p.m. Bruesch: Would it be possible if he could.get figures to us sort of like on hour to hour basis. If we added 1 hour, then if we added 2 hours, if we added 3 hours so we could have that data in our hands. Mayor: What basically, if we take the 12 hours now, just add 1/12 for every hour that you add. Tury: There must be a fixed capital expense involved in that and a fixed overhead involved in that so Diangson: I recommended to staff that they consider, because there was this question of moving the hours, to a fixed and variable rate where a flat rate is paid for the lease of the vehicles, the faci- lity, and the manager that is assigned, and not add that on to the hours because you are then paying for something that has already been paid for. Imperial: First of all, I would like to know how staff came up with the hours that were projected to the transit companies. Secondly, I think we had the answers right there. All we have to do is to look at the Dial-A-Ride log books and see when the system was most used.from what time to what time, and come up with some kind of an answer. I don't know if this was done or not. Maybe that is how staff projected it. Tripepi: That is how we projected it. Imperial: But I do have big problems with terminating the ser- vices at 7:00 p. m.. There are a lot of folks in this City that like to go out and have dinner about 7:00 and I would like to be sure that they get home. Mayor: I think that is what the Council is looking at to change it.from 7:00 to 10:00 p..m. approximately. I don't recall ...It is a little harder to find the end of the sheet here as far as ...7:52 p.m., concluded that day, 6:30, 8:00 p. m., 12:00 p.m. oh, that's o. k., 5:40 p.m., 5:00 a.m., so most of it is 6:00 p.m. 5:00 p.m. There doesn't seem to be a heavy demand, here is an 8:50 p.m. So it is something that staff will need to look in to. 7:50 p. m. Tury: I was just going to say that possibly we have been playing with this for a long time. I would like to see us tentatively approve the contractor, just to disqualify Yellow Cab Company, and ask staff to try to negotiate, subject to the final approval of the Council the extra 2 hours. and see if the cost is worthwhile. CM 2-26-85 Page #16 Mayor: That is a new motion? Bruesch: I will withdraw my motion and let that take the table. Imperial: Mr. Mayor.... Tury: We are all going to make a motion.. Mayor: We don't need a withdrawal. Did you have a second, Mr. Bruesch?. Bruesch: I did not have a second, that is why I withdraw the motion in favor of the new motion. Imperial: Point of clarification, to Mr. Tury motion. Are we saying in reality, Mr. Tury, that we are going to disqualify the Yellow Cab Company. We are going to accept this new transit system but we are going to negotiate with them for the contract that we want? And they will service us while we are doing this negotiating. Is that what we are saying? Tury: The first thing is that we should disqualify the Yellow Cab Company, if that is the wish of the majority of the Council. Imperial: I have no problem with that. Tury: I will make a motion to that effect first. Imperial: I will second that, Mr. Tury. Bruesch: Point of clarification, directed to our City Attorney. If we are in the negotiation process, how much lieu time do we have on service under our old.contract? Kress: Perhaps, I think the proper question is if we are going to have someone new operating the system. The question would be how quickly could they begin service. Tury: Do we have an extension through June with Yellow Cab? Mayor: That is interesting, we vote to disqualify them as being irresponsible, now save us for four months. Diangson: The standard is, Mr. Mayor, to start is 30 days to six weeks, and that allows for the ordering of the vehicles. Tripepi: This whole matter came about when the staff recommended and the Council agreed to put Yellow Cab on probation at the time the contract was extended. Staff didn't feel that the pro- blems were worked out to the satisfaction, brought the matter back. The Contract provides for a 30 day concellation clause. That is what you are actually doing. You are disallowing the bid that came in, and you are giving a 30 day notice to Yellow Cab on the agreement. Bruesch: And then in that way, we are covered for 30 days so that we will not have a loss of service. Mayor: For 30 days. Tripepi: That is correct. That is what the notice provision of the existing contract is. Kress: You have a basic agreement that those who have responded to the RFP have seen that contract and the direction of the Council tonight is to look into the possibility of additional evening service and how to charge for that service. That would appear to be the only open issue on the contract. I think that 30 days is more than adequate to come back with that contract. Imperial: Call for the question, Mr. Mayor. Mayor: The motion right now is.to disqualify Yellow Cab as the responsible bidder, and serve notice. CM 2-26-85 Page #17 MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN IMPERIAL that the Yellow Cab Company be disqualified as a responsible bidder and to serve notice of termination. Vote resulted: AYES: Councilmen Bruesch, Cleveland, Imperial and Tury NAPES: Mayor Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Mayor: Next motion. Tury: The second motion would be to tentatively award the Dial A Ride Contract to Community Transit Services, Inc. sub- ject to negotiations on length of hours. Bruesch: I second it. MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN BRUESCH that Community Transit Services, Inc. be tentatively awarded the contract subject to negotiations on the length of hours. Vote resulted: AYES: Councilmen Bruesch, Cleveland, Imperial and Tury NAYES: Mayor Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Mayor: Ellen, I would like the minutes to show my vote is not against the new contractor,I do not know the company personally, and I would like this item in the minutes verbatim. So it will be back next year and hopefully we won't have these same discus-, sions about senior citizens not-being served on time and what have you. V. MATTERS FOR DISCUSSION & ACTION A. CABLE TELEVISION FRANCHISE CONTRACT (VERBATIM) Mayor: Next Item Cable Television Franchise Contract. Who wants to handle the analysis on that. Tripepi: It was a joint analysis, Mr. Mayor, put, together .:by.myself and the City Attorney. What we tried -to do is take all the'.impoHant points of both proposals that were submitted and we tried to clarify those areas that are critical in making your decision and doing that analysis,.we have attempted to point that out to you,.the . Council. I think in summary, something perhaps, the analysis did not enter into, that we should perhaps speak to this evening is the fact that a decision tonight should the Council go that far, is. not the decision granting a franchise it is merely chosing one or the other and instructing the staff to negotiate an agree- ment to come back to the Council with for possible approval and ratification at a later date. The analysis ends with making no recommendation. We felt that either company could service the community. There were some key areas in the analysis that spoke to rates for the service and the other key area was the program- ming. I should indicate this evening that the analysis will be corrected in one area and that deals with the package rates. It is our understanding that this evening, you will be presented with a letter from Group W advising you of a package rate at $24.95 that is for basic, a convertor, FM, also remote control, and 2 pay stations. And that package rate as I stated is $24.95. The package rate that you have from Falcon was $29.95 so I think other than that, there is not really a lot we can add to the analysis. I think we tried to keep it at least concise and address those areas that we felt would be of importance to the Council in making a decision. Mayor: We will open it for Council discussion. Tury: Just one thing, this will be noncontroversial to answer your question of the last meeting. Both systems do offer the FM Stereo option through the FM tuner. CM 2-26-85 Page #18 o • Kress: Well, the FCC has just ruled that Cable Companies do not have to carry it that way. So. Gentleman in audience speaking....... Mayor: Ed would you come up to the podium, please. We'll get you up here. You are not one that likes to come up here but we have got you. Ritz: My name is Ed Ritz, 9225 Rio Dell, at the last meeting I asked Mayor Taylor the question after the public forum had closed. Unfortunately, I should have spoken before that time I was told. I asked about the FM that might be carried, we know that MTV is stereophonically broadcast by satelite, but I wasn't sure about any of the movie channels, and I understand perhaps, the movie channel is. Probably only one. Levy: HBO and Showtime. Ritz: And those come through a separate deal, through the FM tuner which you must have a hi fi set or some type of thing to retune that after you tune in the channel on the convertor which is not too handy. Eventually, hopefully, they will simule- cast over the air when you tune in your channel 1 or whatever it is and you will get your sound automatically, and then... Currently channel 5 is broadcasting in a new system which re- quires a decoder, 7 can also do so and 22 proposes to do so soon. I wonder how they are going to handle that, either company. Bruesch: Before you leave, I would like to.ask a question. In your question you ask about through the convertor. You are re- ferring to stereo television now, right. In other words the TV has the two speakers separation or are you speaking of using your amplifier... Ritz:I'm speaking of using your own stereo system. Bruesch: Because the next generation is working into the stereo television. Ritz: That is what channel 5 is doing now. Tripepi: Mr. Ritz, here's.a copy of the City Attorney's ...that is the response to that question relative.to the FM bands. An article. Levy: My name is Robert Levy with Falcon Communications, and I would like to introduce you to Frank Maldonado, who is our. Director of Engineering, responsible for all our engineering now and futuristic who can respond to your question or that of your constituency. Frank... Maldonado: Mayor and Councilmembers, Mr. Ritz was referring to MTS which is a new stereo service that has become available. It is a multi-channel television sound. We expect.that we will not do anything at this point to introduce that service. Mostly be- cause the market place is not there. The receivers are not available right now. That is everybody would have to buy a com- patible television set for that. Television stations are now just talking about it. Channel 5 is doing it, and they do it periodically, not all the time. It is.a second audio service. We will incorporate that service whenever we see the market- place develop. It is a long ways off. Mayon Alright, think you. Bruesch: I have a question. Mayor:.',.Well, I have Group`W to get the,-:other side ,of.the.story, Bob. Bruesch: It is..a technical question. Mayor: Go ahead: Bruesch: My question is, again, I will refer to stereo televi- sion, there are units out that can direct the signal of FM auto- matically through.your amplifier and you can-.have...through your FM amplifier you can have your two speakers plus your television. What I continually am hearing is, stereo television. Now, you are referring to that separation of the sound into two channels in the TV, right? CM 2-26-85 Page #19 Maldonado: That's true. True stereo. What you are talking about is synthasized stereo. Mayor: Group W want to respond to that question? Anlyan: Good evening gentlemen, my name is Louis Anlyan, Group W Cable in El Monte, and I would like to introduce Floyd Madearis from our regional office, who also wants to respond to that. Madearis: Just one in point, Westinghouse at the Western Cable shows back in December did display a convertor box that will ac- cept stereo sound. It is an area that Westinghouse, Group W, is moving in. We have a joint venture with Sanyo which that box is under development now. Mayor: Alright, any other questions? Well, this is it, gentlemen, we have been talking a couple of years so let's talk. Tury: Easy to talk but tough to make decisions. Mayor: Well, we did it on Yellow Cab. This is the same thing. Tury: I would like to see the new proposal from Group W. Anlyan: At some point, whether this is the'time or not, there are a couple of comments that we would like to make as to the staff report. Mayor: There was a question raised that Group W has a group package that might want to be... Anlyan: There.are...we would like to make a brief response to each of the five points that were brought up in the staff report, if that is o.k. with you. Mayor: Fine. Anlyan: O.K. first of.all I would like to state that as this entire proceeding has been in a dialogue fashion, we at Group.W Cable since we have received the staff report yesterday morning have been plan- ning just to come up.and make some very brief comments to you on those five points. First point we would like to respond to is the point of the financial capability. Very briefly, Floyd Madearis would like to make a couple of comments about that. Floyd is our regional financial manager. Madearis: Just one quick point, I think it was brought out in the first hearing that the competitors bid had a shortfall in number of miles that were actually in the City of Rosemead. Because there was a shortfall in the number of miles, there was also a shortfall in the amount of capital required for building purposes. They did say that they would continue to build the system, but I think their proposal nor did their staff report address the issue of where the additional financing was coming from. I know that they are basically working under a limited partnership agree- ment and I think that is certainly a question that staff as well as the Council would like to be-should have addressed. Anlyan: The. second point if you will allow us to speak to that.. would be the construction schedule. Tony Jones who made a pre- sentation to you in the first hearing is also with us again this evening and if you will remember Tony is the Director of our project management. team which does all the building of our new systems. Jones: There are a couple of points I would like to make. First, I am a little confused on the issue of the construction schedule. We have said in our proposal, from the start, that we could com- plete the construction in 12 months and our competitor has said 18 months. The issue that seems..to'be brought up now is the first subscriber date. Our competitor has said 12 weeks and we say we can do it in one day. We could physically put in a drop from our E1 Monte system into Rosemead, but I think we are getting away from the issue of the construction schedule, when we start talk- ing about first subscriber. First subscriber can be interpreted in many different ways. I think we are-not talking apples to apples. What our competitor...What is our competitors schedule CM 2-26-85 Page #20 0 Jones continues: in construction? This agreement with Pacific Telephone we both have and can only reduce construction at best by two months of the total build. This would put us at 10 months and our competitor at 16 months. Just going by your original proposal. I think the issue that we need to discuss would be is.when does the City expect the last subscriber to be able to have service not the first. The other issue on the report, it edged our competitor for the construction schedule due to their agreement with Pacific Telephone, or give the edge to our com- petitor due to the agreement with Pacific Telephone, I am here to say that we have exactly the same agreement as our competitor does with Pacific Telephone. Tury: Do you have a copy of that agreement with you tonight? Jones: We do not have a copy. I had talked to Linda Bond today, and I was hoping that she would be here this.evening. She was supposed to be to confirm that we have that very same agreement. We can get it to the City Council. We can have Linda write or wire you affirmation of our conversation that we will have ex- actly the same agreement. There is no.... what she told me today is that our competitor has no priviledges that we do not have. Bruesch: Is that a common agreement made between telephone companies and cable companies. Is it generic in other words, or is it specific thing that was worked out? Jones: Well, it has been a specific thing that has been worked out for our competitor and it is also happening in Sacramento. It is not the first time that it has happened that a cable company can do their own pole rearrangements. And when we approached Pacific Telephone, and said that our competitor had this agree- ment so that they could do their own rearrangements, we were told that is not an agreement that they alone have. We will have.the same agreement if we were awarded the franchise. I will have that in writing to you.. It will take us approximately two weeks to get that agreement formalized if we are awarded the franchise. Mayor: Mr. Kress.... Kress: Now I am hearing that you.don't have the agreement,.but you can have the agreement. Jones: Within two weeks I can get you the information stating that is a fact. Kress: 0. K. that is certainly the way I understood your presen- tation the first evening is that you felt that Group W could have that agreement and now you know you can, but you still don't have it. Jones: In fact, I won't go after it unless we have the franchise. Kress: O. K. fair enough. Bruesch: Would having such an agreement increase your cost? 11 Jones: No, it would reduce the cost and reduce the time frame for the total build by approximately two months. All that agree- ment does is to give us the authority to go out and get our own contractors instead of waiting for Pacific Telephone to make all of the arrangements. So in effect it would give either one of us a two month edge looking at the original proposal. I would like to invite the City Council to review both companies maps at their earliest convenience so that we can make sure that we can ensure their existence. I would suggest that you possibly do that. That is about all the points that I have to make. Tripepi: I know that it has been a long evening, but I got to ask the obvious follow-up question. If the agreement doesn't cost you anything, if in fact it cuts down the time, is there a reason why refuse to provide such an agreement prior to getting a franchise? CM 2-26-85 Page #21 • Jones: They have stated to us that should we get Rosemead, we haven't talked about any other area they would give us the same agreement so, we haven't gone back and said we don't have it and will you give it to us. We are not at that point yet. Tripepi: O. K. I understand. Thank you. Anlyan: I would like to add that we are not going after any more territory in this particular area. That would be one of the reasons. The next area that we wanted to address was the local programming committment. I am going to take just a second to address that. We have gone over it every time we stood in front of you and I know you probably heard about as much as you can stand on the subject. But just to recap it, from what I have heard in these hearings and I may be wrong, our competitor seems to have a local-:van available for your use. We have eleven vans, they have two studios, we have eleven in our coastal district and in our Los Angeles district. We have over 150 people who are a part of our arrangement and we have guaranteed you that 100% of your needs, desires and so forth, in your access in local origination programing will be covered. We feel that is adequate. We don't really feel that Falcon has the edge on us in that particular item. Again that.is up to you. It depends on how you read it. Our next topic of that ...we have two more topics that we would like to cover briefly. Jim Baquette who is our district manager for our coastal district would like to cover the rate structure with the packaging proposal that Mr. Tripepi has mentioned and also just to touch on the subject of finances to the City. Baquette: Comments on the analysis on the rates I would like to acknowledge it in the first comparison of the staff report is the ala carte basis of Group W had a slight edge over the other com- petitor, and the second comparison, where the other competitor apparently later submitted packaging composition, we too have frequently used packages for marketing especially for new builds and I would like to go on record tonight and we will give you a copy of the letter with a package plan that we have patterned after one of our new franchises which is currently in the marketing stage. We will utilize the package proposal in Rosemead that we are.going to give you.tonight. In our package we've-included basic, we've included any two premium services, they can select from any premium services, they don't have to take any given mix. Mayor: Point of clarification ...that will be an on-going, it is not a promotional subscription. Baquette: I will get to that too. We will include in that pack- age a free remote control which is one of the more desirable items by.our customers. We will give a free TV guide, the one that we give and use in all our systems. Mayor: Is that a subscription? Baquette: It will be mailed to the home of each subscriber each month. Mayor: What is the normal fee for that otherwise? Baquette: $1.50.. Mayor: For what period of time? Baquette: $1.50 a month. I believe the cost of the remote would be $4.95 in their proposal. The entire package price for the basic, two premiums of the subsribers choice, remote control and the guide we would offer at $29.85 each additional premium if they take the package would be at $9.95. Furthermore, Group W will commit to holding these and all other rates in our proposal firm through January 1, 1987. We acknowledge the comparison of our basic rates, our senior citizen rates in the staff analysis. Our basic rate which would be primarily used by low income families who cannot afford premium packages would be $36 a year cheaper than our com- petitor and our elderly and handicapped rate as shown in their analysis is $15 cheaper for these citizens. CM 2-26-85 Page #i22 Mayor: Clarification, you made the comment that Falcon or your competitor had introduced a package comparison or a pack- age later on or it was not in the original proposal. Baquette: In reading, I saw it in the staff report. If you go back to the original proposal there was no proposal at the package rate. They incorporated an example of their packaging in Alhambra in their brochure which was attached. They did not propose that specific package. Mayor: I think it helps us in the sense that in Falcon, when we asked them the same question when they have their time to speak. That is one thing about having the two competitors go over it, you can pick up items that we may just skim over it and say, now jeepers, we have to go over it and find all of it. Is there any other comments that you had. Baquette: One other comment on the revenue section. The staff indicated that Group W proposal shows that more money flows to the City because we had a higher penetration rate, and that is a correct analysis and we think that we have some justification for the higher penetration rate because we have more advertising and promotional money in our operating expenses than we saw in theirs,.substantially more advertising and promotion. Also in the revenues to the City, the other contender offered a $10,000 grant for computer service to monitor complaints on their cable system to the City. Group W will not have enough complaints to require computer tracking. as pointed out in the staff analysis. I can give you some illustrations after from some other cities to back up what I am saying, but I won't bore you right now. However, no one asked us if we wanted to make a grant and it stated that in the staff analysis so tonight Group W will commit a $15,000 grant to be used for soft-ware, computer programming for Modern Day trash service, street sweeping, Dial-A-Ride, etc. or for additional local access programming equipment. Thank you. Anlyan: Well, folks, you asked for it and you got it. Right. We want to be the cable franchise in Rosemead, obviously. Now, if you will give me a minute to summarize here. If you now relook at all of the obstacles that are pointed out in the staff'report,.you will see that we of Group W Cable have responded in good faith to each one of your concerns. Allow me to recap it briefly. Financial capability, we are.strong. Westinghouse has made a committment to Rosemead. We have covered our financial needs and we ask you to please take a look once more at the capital concerns that we raised about our competitor. Rate Structure. We offer as we do in all our systems, a package rate that includes basic, two pays, remote control and a guide and in this case it is $29.85, now, 10 cents less, o.k. So we are calling that even. Plus we have added a rate freeze until January 1, 1987. Construc- tion schedule, the Pacific Bell make ready agreement that our competitor listed as a plus is the same as the agreement that we can have. We did have a conversation with Pacific Bell.today and we could get you that letter to show that we have the very same agreement. We are... as Tony mentioned, at most this untried new Pac-Bell agreement would speed up the process, at the most we think by two months. Which would make our construction sche- dule 10 months, theirs 16 months. What we are talking about is the last area that would be, ready for the subscriber not the first. Also as Tony mentioned, we've got our installation supervisor here, Isreal Miranda, and he went out and looked today and if you are looking at where you want the first subscriber, he can show you on Lower Azusa where we could 'put a drop over tomorrow. If that is really what you want. O. K. Local programming this appears to.be one of those that depends on how you want to read it. I have gone over it again. Once more for the record, Group W, 11 studios, 11 vans and over 150 people who are staff, personnel ready to help the citizens of Rosemead. Revenue to the City, staff has stated that our penetration will be equal, that assump- tion is fine, but remember as Jim said we put more money into our promotions to reach that penetration level that was a little higher than our competitors. And as stated in the staff report our competitors offered a $10,000 grant for software programming franchising, we are ready to offer you the same if not more,$15p00 which we have committed in writing to you today. Finally, Group W Cable as we have been every time we have gotten up before you, are anxious to tell you that we are ready to serve the City and the residents of Rosemead. Thank you very much. CM 2-26-85 Pg.H23 Bruesch: Mr. Mayor, I want to refer a question back to our City Attorney. Both corporations could offer a herd of pink elephants and according to the FCC ruling, they really don't have to deliver, do they? Kress: Well, I think we can make them deliver on these kinds of things, as long as we are not compelling them. Very clearly in our RFP we asked a number of questions, would you be willing to provide a rate freeze, would you be willing to do various things, and tonight we are getting somewhat different answers than we got in the RFP, but as Louise says that is franchising. It is pro- bably time for Falcon to get up and say me too, and Bruesch: However, did I not read in the newspaper that there was a change in ownership of a Cable in the area and it was just over this type of thing. That they wanted to draw back from some of the promises that they had made. Kress: Oh, everytime there is a change in ownership and there is a problem with a system, certainly some of the committments that were made a few years ago, the bumps were not from $10000 to $15000 in those days. This is kind of small potatoes that we are getting tonight. It is fun, we can laugh about it, and it is part of the process and we shouldn't be surprized by this. Bruesch: I am just trying to put everything in perspective. Kress: In perspective, I think the total package that you have for what I like to think of as bells and whistles is not really that much compared to some of the other systems. Some of the deals that have been negotiated in the heydeys. This one I think, I have stated to you publicly, I think it is a realistic proposal and on behalf of both companies, I haven't heard of anything tonight thus far that would change that. Bruesch: That answers my question, I just don't want to get into this back and forth hagling, I am going to do one better. I don't think we have time for that tonight. Mayor: Falcon, do you have some comments that you want to make? Levy: Mr. Mayor and members of the Council, we have been out here almost 7 years in this area, Rosemead. We have seen your staff develop as somewhat of cable experts over these years looking at municipal ownership amongst other things. I.can tell you tonight that other than to say that we have reviewed the staff report and are.here to.answer any-questions or con- cerns that you might have, we have no other comment. Mayor: Alright, thank you Mr. Levy. Imperial: One question Mr. Mayor, and not to get into a long dissertation. Could you compete with that act that we just got. Could you follow it? Levy: Very honestly, I would not want to. We have submitted a proposal to you. We stand by.it. We would love to say the Public Hearing is closed, and we stand by our comments and we. are not in the habit of going through and changing each and every day. Mayor: I thank you. Tury: Now, here's one Gary, that you could probably win on. Which one would you like? Mayor: No, I've got something picked. You guys can talk this time. Tury: I think we are very fortunate. We have two very obviously qualified reputable firms after us. What we have to decide is I think that the local progamming is probably going to be what is most important to our residents other than the television and entertainment which are exactly the same on both of them. I tried to think about this thing over the week-end. Trying to think what do we have in common with what cities that are being serviced CM 2-26-85 Page #24 Tury continues: by the various companies. Are we going to be a giant extension core from E1 Monte, from Temple City or San Gabriel or whatever. I happen to.sit on the Board of Directors of the West San Gabriel Valley Juvenile Diversion Project which Falcon once did a project on, and it includes the Cities of San Gabriel, Monterey Park, Alhambra and it does include Monte- bello, but that gives us three cities that are in the Falcon. system that I personally have some ties with those people and I think some similar interest with those people. Group W has ...I went to Rosemead High School and they are in the E1 Monte Union High School District and I love to go to football games and those things, I think that gives Group W an edge in that area. We are member of the West San Gabriel Valley Consortium which includes San Gabriel again, Monterey Park and Alhambra which are people around us. So what it is really boiling down to is in which system would the local generated programming be of most interest and most revelance to the people of our city, and that is just about where it comes from. Garvey School District ser- vices, what Bob, Rosemead residents, Monterey Park, San Gabriel. Rosemead high school students go to Rosemead High School, Mark Keppel, and San Gabriel High School, so once again we have a broad spread across there. I would say in that area, I think Falcon has a slight edge. That is only one opinion in one thing. 1 think that we have virtually identical programs. Mayor: The comment was made that as far as the completion of the system and it was a very worthwhile comment. When will the system be completed. Will Falcon take 16 months and will Group W take 10 months. I think that is a very worthwhile question Who is going to finish the entire system for the City of Rosemead first? According to Group W they are going to give service to the entire City first. What cities does Group W serve to the east of us. I have heard reference to Arcadia and Covina. What cities are Group W in? Anlyan: East we serve Fontana, Ontario, Upland, Montclair, San Bernardino, Grande Terrace, Loma Linda. Those are directly east. Mayor: Who is involved with Arcadia? Anlyan: That is Group W, and so is Sierra Madre also. Mayor: Sierra Madre and Arcadia are Group W. Portions of it. Tury: Are those systems up for sale. Anlyan: No. Mayor: When did Group W acquire them? Anlyan: Part of the original buy out of Teleprompter in 1981. Mayor: 0. K. That is what I recall, that it was a couple of years ago that they were bought out by Group W. Imperial: Mr. Mayor, it has been a long two years. We've boiled it down to two contestants, if that is what you want to call it. I think we have had the grand finale. In my opinion, I am not saying it is the opinion of this Council, in my opinion we have watched a lot of fancy footwork here. I can certainly appreciate your comments, sir. I really do and I think it was being honest and right to the point. I think it was made sincerely. I think it is time. I think we have had all the questions answered. I think it is time that we made some kind of decision. I have looked at both companies, Group W is relatively new to me, Falcon has been around a long time, I kind of feel like they are a local hometown type company and I would like to make a motion at this time that we accept the Falcon proposal. Cleveland: Mr. Mayor, I feel the same way that Mr. Imperial does, and in my honest opinion, either of the companies would be more than able to furnish the community service.that we desire well. I think it is unfortunate that we can't have one on one side of town and one on the other one, but I am going to second Council- man Imperial's motion to accept Falcon as our representative. CM 2-26-85 Page #25 0 Bruesch: Mr. Mayor, before I make my vote I want to ask Falcon Cable one question. This hinges on my vote. What connection do you have to a company called D P Communications? Levy: D P Communications is a contractor who does installations. They are one of five or six that work in the San Gabriel Valley. We do a limited amount of business with them. They are one of a number that we do business with. Mayor: Now we have a motion and a second, any further discussion would you vote please? MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVE- LAND that the staff be instructed to negotiate and come back with a Contract with Falcon Communications, Inc. Vote resulted: AYES: Councilmen Cleveland, Imperial and Tury NAYES: Councilman Bruesch and Mayor Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Mayor: Alright Falcon Cable T. V. has the Franchise. Kress: Well, they don't have the franchise quite yet. They were selected. Imperial: I understood that this is-!an agreement to negotiate the contract, excuse me Mr. Mayor, is that correct? Kress: That's correct. Bruesch: Mr. Mayor, I have a written statement that I want put into the record if you will permit me. Mayor: Alright. Bruesch: A cable franchise is of great import to any municipality. It is a long term commitment to quality service to the citizenry and a long term revenue source to the city. During the past months our deliberations on the matter of awarding such a franchise were long and.arduous. Not taking the matter lightly, I studied other cable services and franchises, I researched cable communication law, and I investigated.cable equipment. I, like my colleagues on this Council, tried to base my judgements on the merits of each of the cable opera- tor's proposals.... until I was informed of a disheartening bit of hearsay that I had to investigate myself. To understand my forthcoming statements, I must inform all in attend- ance that I cut my political teeth walking precincts for Proposition 9, the Political Reform Act of 1974. I believe then, as I more firmly believe today, that too much money and politics do not mix. I have devoted my public life to guaranteeing that the voice of the "little man" will be heard as loud as the voice of the "money changers". The troubling matter which a constituent brought to my attention was three major donations made by an Alhambra concern, D.P. Commu- nications in last year's Rosemead City Council race. Upon investi- gation, I was able to ascertain that D.P. Communications was a cable provider and installer. When twice asked who they worked for they replied that they were currently working for Falcon Cable. When asked if they were presently working for any other cable cor- poration, they replied that they weren't and that they had been working exclusively for Quote some..years. According to California Law, political donations such as these are legal but,.to say the least, quite unethical. Rosemead has fine public servants serving them and luckily, their decisions should not be swayed by such chicanery. My complaint is that a business which comes to our City with the hope of obtaining a lucrative franchise should not attempt to buy its way into the hearts of its elected officials--especially by hiding its name under the shadow of a subsidiary. Newspapers abound with tales of currupt political deals (i.e. City of Industry, Mr. Moriarity, etc.) which sprung from seed sewn such as these. My no vote on the approval of the staff to negotiate with Falcon Cable is not a vote against cable t.v. I have always advocated the need for a quality system for Rosemead. No--my.vote.is a re- sounding, "Shame on you, Falcon!" If your product or service is of high quality and merit--which it most likely is--why try to sell your product to the highest taker? CM 2-26-85 Page #26 • a Bruesch continues: This doling out of corporate dollars to local campaigns might be common practice in today's world, but I cannot accept that practice as advantageous to and serving the best in- terests of the vast majority of our citizens. Is it any wonder that many Americans fail to vote in municipal elections. Their cynicism arises from.the feeling that most votes are "bought". I was hoping that our City might avoid such a feeling. I hope that we still might do so. In the light of D.P. Contribution, this hope may just be a fantasy. Bruesch: I would like to have copies presented to all Council- members and written into the minutes. Mayor: I've got a personal comment. Not in what you said, but when you said it. To prepare such a written speech prior to the Meeting and then to raise holy hell with the cab company about what you thought was wrong with them, bald tires and everything else, and then to turn around and not inform the Council of this great injustice prior to voting. That is my personal feelings. Not what you said, but when you said it. Such accusations as you made, should have been brought to this Council as a body. It is very sad to-that type of information that you referred to, not to inform the Council prior to the vote, that is very disheartening. Bruesch: It was brought out process by a person from the believe it. I investigated believe it. Mayor: Why didn't you bring of my business..anyway. in a public meeting early on in the audience, and at that.time I didn't it myself and now I have to say I do it up before....well, that is none Tury: Mr. Mayor, I have a comment. I can honestly say that I have not had from either company anything but above the board dealing and I appreciate that. I have talked to Falcon in the past, and I have recently talked to Group W. I had to turn down both their offers to see their studios because I have been very busy. But except for that, that is just about it. I am surprised that I didn't know who D.P is or anything else. I'm with Gary. Why didn't you make the charge before we took the vote? This is not a political game up here any more. When you are up here you are working, damn it. If you have information, you should make it available to everybody. Bruesch: The information was available as.of the first meeting. Mayor: You can say what you want, Mr. Bruesch, we':had two good,a discussions here tonight. Reasonable discussions, I'll take my lumps and my blows and no votes or whatever it has to take, but to. what you stated afterward were pretty serious accusations as far as I'm concerned and it makes one big difference. I didn't vote for-against Group or Falcon Cable for that. The proposal right here, all four categories Group W had the edge on them. The financial edge and such. It is just in this report, but really what you stated were pretty serious accusations, that made one hell of a difference as far as I'm concerned. Bruesch: I have to differ with you, Mr. Mayor, I don't know where other people are coming from. I know where I am coming from. I know where my feelings are. Mayor: You keep it in a box and keep it to yourself, and tell us after it is over. That hey, you knew something that nobody else didn't know and I am going to put it in the record. I think it is a dis-service to the residents of this community. Bruesch: Again, Mr. Mayor, the feeling that I have facing this type of an issue is not held by everybody, and I've found that out by throughout the investigation of this. Some people said who cares. Everybody does it. Well, I care. I may be the only person in this world that cares, but I do care. Mayor: We are not saying that you don't care. That is not the ...I said the timing of when you brought it...your caring is well taken. CM 2-26-85 Page #27 Imperial: Mr. Mayor, it is sad. It is really sad that an important decision like this was tainted by this kind of a comment. It is really sad. You know I_referred to Falcon as sort of a hometown operation. They have been around this City for a long time and they were doing services for the library the school board and never anything for the City. We never required anything for a long time. I think these accusations that have been made, have not only tainted their reputation and they should be pretty sore about it, and I think what he has done isitry to taint the reputation of not only members of this.City Council but the Council itself. He indicated that an individual stood up at the microphone in this City Council Chambers and made that comment. A very same individual, Mr. Mayor that outspent any one that ran for City Council in this last.election and yet came out second to last in votes. An individual that has been around this City for a long time. I have tried to be a gentleman with Mr. Bruesch. I never one time came before this honorable body and said publicly that Mr. Bruesch was accused of sending out a letter with my name without my.permission that cost a Council person the election. I have never said that. I have tried to be a gentleman and I 'think we should work as a team, a cohesive Council, be a credit to this City and not a detriment. To me, Mr. Mayor, this is very much a sad day for this City of Rosemead. I am not only ashamed for Mr. Bruesch; but I am ashamed for this whole Council in this City. It is a gloomy day for us. I think whatever good Falcon or Group W might have did, if they were chosen, I just think that the day is blackened by what was just said. I am very sorry for you, Mr. Bruesch: Mayor: I would like some research information on the question that Mr. Bruesch asked Falcon as far as the relationship with the particular company. i Imperial: Comment to that Mr. Mayor, please and that's it. I bought Westinghouse bulbs for my house. O. K. I was given a $50 donation by a State Senator. Does that mean that I cannot accept any of his legislation. That I cannot have a conversa- tion from this man? What does it mean? What is he trying to say? I just don't understand. I.will say something to you, Mr. Bruesch. You are new on the Council, but you have one hell of a lot of growing up to do. Mature, Mr. Bruesch. i Mayor: I think we have gotten to the point now, that we might as well move to the next item ::then. B. APPOINTMENT OF SPECIAL COMMITTE TO WORK ON NON-PROPERTY TAX SHARING CITY LEGISLATIONS Frank G. Tripepi, City Manager, stated that in a letter Joe Gonsalves,.Leg. Advocate -suggested that a committee of two be selected from the Council to meet with our Supervisor to urge him to petition the entire Board. to take no position on the bill from Senator Campbell for our Non-Property Tax Sharing Cities. He suggested that Councilman Tury and Councilman "Imperial- be. selected since.they have indicated an interest. Mayor Taylor inquired if they wanted to be on the committee. They both agreed, and there being no objection it was so ordered. C. AUTHORIZATION REQUESTED TO ATTEND CALIFORNIA MUNICIPAL CITY TREASURER'S ANNUAL CONFERENCE IN LONG BEACH, APRIL 16-19, 1985 MOTIONIBY COUNCILMAN TURY, SECONDED BY COUNCILMAN CLEVELAND that the City Treasurer be authorized to attend the California Municipal Treasurer's Annual Conference in Long Beach on April 16 through April 19, 1985. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. I CM 2-26-85 Page #28 • • C. Councilman Bruesch inquired what the dates were for a joint meeting with the Garvey School District Board. Frank G. Tripepi, City Manager, stated that a call had been received from Dr. Viscovich's secretary, suggesting that there be a joint meeting between the Council and the School Board. The dates suggested were 3-4, 3-8 or 3-25. I did not have a chance to get back to Mrs. Green, however, normally this Council takes a middle Tuesday for these meetings since you normally have two Tuesdays set aside for Council. If the dates suggested by Dr. Viscovich are alright with the Council, that would be fine; however, the 19th of March would be the middle Tuesday of the month. Mayor Taylor stated that he would prefer having it on that off-Tuesday;. Councilman Tury stated that would be fine for him, also. Councilman Imperial also stated that he had no problem with that Tuesday; however, he did not feel that either the City Manager or Dr.. Viscovich needed to be in attendance. Mayor Taylor felt that they should be there so that whatever is discussed would have to be researched by either side. Frank G..Tripepi, City Manager, stated that Mrs. Green in- dicated that they wanted to get together to discuss the Fern Sports Complex and Mr. Burbank and he would get together and up-date that information. and where and when the meeting will take place. D. Councilman Bruesch inquired about the status of the letter to the Governor regarding the Cal Trans property at 8555 Hellman. Don Wagner, Assistant City Manager, stated that a draft of that letter has been prepared. Councilman Bruesch.stated that it has been cleaned somewhat but it is still an eyesore. E. Councilman Tury reiterated again, that regarding the Cable Franchise,lthat it was his opinion that both of the companies were totally above-board and he felt badly about the accusations that were made, and added that during..the last--election,.' he had some information regarding some election irregularities that he cho?se not to use. F. Councilman Cleveland questioned Mr. Bruesch's authority to have that letter that he read in the records of the minutes of the meeting. He objected to this being done. Mayor ',Taylor stated that he did not object to it because if Mr. Cleveland had asked for something to be part of the record, it would be allowed as a part of the freedom of discussion that we do have: He did request that the entire item be put into the record verbatim so that there is.no misunderstanding of just a letter going in.-there and not having the rest of the story. He did intend!to monitor Falcon in the future and such. tG•. Assembly Bill 724. Frank;G. Tripepi, City Manager, stated that Assemblyman Campbell has a problem in the City of Richmond and he is trying to solve that particular problem by amending.the law as it re- lates to the point of origin of sales for cash register and sub- vention purposes.. It does effect our one cent issue, and Mr. Gonsalves does have it on his wash list as it goes through his committees! He recommended that the Council take a position in oppositionlto Assembly Bill 724. Mayor!Taylor requested that they have a chance.'to-review the bill and that it_be brought back to the next Council Meeting. Frank;G. Tripepi, City Manager, reminded the City Council of the hard-hat tour of the Montebello Shopping Mall tomorrow at 4:00 p.',m. CM 2-26-85 Page #29 H. Mayor Taylor commented on the Council Memorandum regarding total Dedicated Law Enforcement that had been presented to the Council. He felt that clarification was needed and he requested a breakdown, be given to the City Council on a monthly basis show- ing what table E represents. He requested a breakdown of the proposal showing the number of cars that will be on the street each day for a 30 day period for what each proposal will be. There being no further business to handle the City Council Meeting wasladjourned to the next regular meeting on March 12, 1985 at 8:00 p. m. Respectfully submitted: City C1 rk APPROVED: YOR CM 2-26-85 Page #30