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CC - 01-25-83CITY OF ROSLMEAD DATE -~/-Q - R MINUTES OF THE REGULAR MEETING OF THE ROSEMEAD CITY COUNCIL JANUARY 25, 1983 AT 8:00 P. M. The Regular Meeting.of the Rosemead City Council was called to order by Mayor Tury at 8:00 p. m., in the Council Chambers of City Hall, 8838 E. Valley Blvd., Rosemead, California. The Pledge to the Flag was led by Councilman Cichy. The Invocation was delivered by Rev. Jim Kehrli. ROLL CALL OF OFFICERS: Present: Councilmen Cichy, Cleveland, Imperial, Taylor and Mayor Tury. Absent: None APPROVAL OF MINUTES: January 11, 1983 - Regular Meeting MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN IMPERIAL that the Minutes of the Regular Meeting of January 11, 1983 be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: January 11, 1983 - Arcade Study Session MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CLEVELAND that the.Minutes of the Arcade Study Session of January 11, 1983 be approved. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. PRESENTATION: Mary E. Hernandez Mayor Tury presented a proclamation honoring Mary E. Hernandez, who was selected as Rose Princess of the 94th Tournament of Roses, and the first Rosemead High School student who was selected as a member of the.Court., Mayor Tury expressed his pride in her: Mary Hernandez, expressed her appreciation for the plaque, and stated that she was very proud to represent the City of Rosemead and Rosemead High School. II. PUBLIC HEARING A. CONTINUED PUBLIC HEARING TO CONSIDER RESOLUTION OF NECESSITY FOR FIGHT OF WAY ACQUISITION ON DEL MAR Frank G. Tripepi, City Manager, stated that they have been in contact with the right of way Agent and they are still in the process of reviewing the details of this particular building and he requested that this item be continued to the Council Meeting of February 8th, 1983 in these Council Chambers. Councilman Taylor requested a written report to the Council explaining the reason for this item be delayed for so long and there has not been an up-date on what is transpiring. There being no objection, the Public Hearing was continued to the next Council Meeting on February 8, 1983 at 8:00 P. M. III. LEGISLATIVE A. RESOLUTION NO. 83-2 - CLAIMS & DEMANDS CA' 1-25-83 Page kl RESOLUTION NO. 83-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS & DEMANDS IN THE SUM OF $359,857.37 NUMBERED 8478-8496 & 5678 THROUGH 5783 INCLUSIVELY MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVE- LAND that Resolution No. 83-2 be adopted. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. B. ORDINANCE NO. 557 ESTABLISHING RULES & REGULATIONS FOR ESTABLISHMENT OF ARCADES Bob Bruesch, 3126 N. Isabel Avenue, Rosemead, stated that his concern with this ordinance is that the provision which would regulate hours on school days that youngsters could play is not included, and he felt that provision should be included in this ordinance. Robert Kress, City Attorney, stated that this Ordinance sets up a Conditional Use Permit procedure wherein an applica- tion must be made before the Planning Commission and on Appeal to the City Council before an Arcade can be established. There is a need to deal with these applications on a case by case basis. He stated that an organization such as Farrell's is going to handle the situation somewhat differently than an existing vacant down- town building that wants to put in 50 machines. There is a further problem which this ordinance trys to deal with and that is the large congregation problem, but it is not going to impact the Mom and Pop operations consisting of three or less machines. You still get a school/pupil potential problem there. This is some- thing that has not been brought fully to the attention of the Planning Commission and he felt sure that the Planning Commission would like to take a look at that particular matter. Councilman Cichy stated that he felt that the schools should take the responsibility of keeping the children in school rather than have the Planning Commission or Council regulate businesses. Councilman Imperial requested that the record show that he would not vote for this Ordinance as he felt that it was incomplete and he could see no reason why the Council could not vote on a complete ordinance, no reason why it could not be sent back to the Planning Commission prior to taking this vote. He felt that they could put in what is needed, a restriction on time, and he did not feel that the City was regulating morals and he did not expect the schools to do it either. He stated that he is trying to eliminate a problem before it happens and as this Ordinance is short of that, he could not vote in favor of it. ORDINANCE NO. 557 AN ORDINANCE OF THE CITY COUNCIL OF.THE CITY OF ROSEMEAD ESTABLISHING RULES AND REGULATIONS FOR THE ESTABLISHMENT OF ARCADES MOTION BY COUNCILMAN CICHY, SECONDED BY COUNCILMAN CLEVELAND that Ordinance No. 557 be adopted and the reading in full be waived. AYES: Councilmen Cichy, Cleveland, and Mayor Tury NAYES: Councilman Taylor, and Imperial ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. The City Attorney requested that the record show that the "no" votes were against the Ordinance and not that the entire ordinance should be read in full. Councilman Taylor requested that the minutes show that he objects to the Ordinance not having the refunding of the tokens for clients and also there is no requirement for limiting the use for minors during school hours. CM 1-25-83 Page #2 C. ORDINANCE NO. 558 - AUTHORIZING TEMPORARY LICENSES FOR OUTDOOR SALES ORDINANCE NO. 558 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AUTHORIZING TEMPORARY LICENSES FOR OUTDOORS SALES BY COMMUNITY BUSINESSES- . MOTION BY COUNCILMAN TAYLOR, SECONDED BY COUNCILMAN CICHY that Ordinance No. 558 be introduced and the reading in full be waived. Vote resulted: UPON ROLL CALL ALL COUNCILMEMBERS PRESENT VOTED AYE. The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR CC-A ACCEPTANCE OF ROAD DEED DEDICATING N/W CORNER CUT-OFF AT KELBURN & DOROTHY CC-B APPROVAL OF 1983-84 BUDGET,CALENDAR CC-C WALNUT GROVE/FERN--INSTALLATION OF LEFT TURN POCKET CC-D AUTHORIZATION TO ATTEND CALIFORNIA PARKS & RECREATION SOCIETY ANNUAL CONFERENCE IN ANAHEIM, MARCH 4-7, 1983 CC-E COMPLETION OF STREET IMPROVEMENTS ON GUESS, STEELE & OLNEY CC-F AUTHORIZATION TO NEGOTIATE FOR PURCHASE OF COUNTY OWNED EXCESS PROPERTY MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN TAYLOR 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. V. MATTERS FOR DISCUSSION & ACTION A. CONSIDERATION OF RETAINING CABLE TELECOMMUNICATIONS CONSULTANT Frank G. Tripepi, City Manager, stated that the City of Rosemead is embarking upon the feasibility of providing Cable Television using the Municipal system rather than the tradi- tional franchise. In order to see if this is economically feasible or not, it is necessary.to have a firm do a complete analysis of all of the alternatives available in such an opera- tion or idea. He stated that proposals from two firms have been received and the staff recommendation is that the City enter into an agreement with Touche Ross & Company. He added that there was two representatives from.Touche Ross to answer questions or elaborate on their proposal. Mr. Tripepi stated that this feasibility study should show what penetration rate would be, what the franchise returns would be, and Touche Ross would be giving the City all the alternatives as to how that system can be built and operated. He reiterated that he was not talking about Municipal programming or control. He is talking about guaranteeing the residents that the system would get built as the City would build it and then the City would turn it out for management or perhaps build it on a joint venture. These are the kind of things that will be looked at by the Consulting firm. Mayor Tury stated that this has.been looked into for a long time and the income that can be derived from Cable T.V. is enormous. He stated that whether the City should fund it and derive a large part of that income or go for a franchise and go for a small part of that income is something that has to be decided. He felt that the cost of this study is substantial, however, looking at the enormity of the project it is a small price to pay to make sure that when it is decided which direction to move that it will be in the right direction. CM 1-25-83 Page H3 11 • Mayor Tury inquired about the Federal regulations of Cable T.V. which would severely limit the ability to get revenue from the franchises or even grant exclusive franchises. Roger Pease, partner with Touche Ross, stated that regardless of what happens in Congress, there are a lot of questions that are being answered in the Courts about the granting of an exclusive franchise or a defacto exclusive franchise. He stated that they have been retained by the City of Denver to help them prepare a defense for a major law suit, which they are a defendant because they have granted a defacto exclusive and similarly in the City of Dallas. He stated that he did not know how Congress was going to respond, however, he did think that Municipal ownership is one re- sponsible, possible way to provide a level of assurance that the City will be able to control the services that the Cable Operator provides to its citizens without necessarily having to grant an exclusive franchise, but instead being in control itself. Councilman Taylor inquired if any proposals have been seen from private firms or have any been solicited. He felt that re- ceiving proposals from other companies would give us a wealth of information so a comparison could be made. He did not feel that the Council had been given the proper alternatives or selections or information. Mayor Tury stated that he felt that when the discussion of the municipally owned cable television first came up that was what had to be decided. Would it be better or worse. He felt that having this study made no way implies that municipally owned cable has been decided on, only will it be a possibility for the long term financial security of the City. Councilman Taylor stated that the few cities in this State that have municipally owned cable have not been in business long enough to be able show comparisons. He stated that less than half of the people who said they would subscribe actually did. Then if the survey would show that this looks great, and the City would go ahead and put the money in the system and then find out the City does not have the penetration. The citizens did not subscribe like the polls said they would. Then the City has tied itself into a pretty good project and the City would have to find a way out of it. Mayor Tury stated this study is money well spent in order not to go into the project blindly, and give the City some of the answers needed. Councilman Taylor stated that the other proposal for $32,000 is a financial study plus a proposal on constructing an entire system'. This is a difference of $8000 and he did not feel that the City could find someone to come in at a later date and design a system for $8000. He stated that he was not suggesting that the higher proposal be accepted, but if Touche Ross comes up with the decision that it looks good, then the City will have to go out and solicit a firm to construct that and there is no way that it will be done for $8000. He felt that proposals from the pri- vate industry side of it, the existing cable companies and the more information that is received the better the City will under- stand the system. He felt that there would be a report presented to the City from Touche Ross for the expenditure of the $24,000, but there would be nothing to compare it with. Frank G. Tripepi, City Manager, stated that the study is not directed to Municipal ownership. The study is directed to the total cable picture and what would make the best economic sense for the City of Rosemead. Whether that would be traditional franchising, total municipal ownership or 22 alternatives between the two spectrums. They are going to address the franchise issue. He stated that the other point he wanted to make was that those cities that have franchises,for the most part, have all prepared requests for proposals. If the City is going to get proposals from those companies, then a set of specifications needsto be prepared. At this point',the City does not know what it-wants in a cable system. CM 1-25-83 Page M4 Councilman Imperial stated that he did not want his state- ment to be misconstrued as his wanting cable television in Rose- mead. I stated that he has not made up his mind if he wants it or not, however, he felt that cable television is an issue that has to be faced, and if he has to face it, he would like all the information possible. He felt that a non-biased organization should be giving this information. MOTION BY COUNCILMAN IMPERIAL, SECONDED BY COUNCILMAN CLEVELAND that the City enter into an agreement with Touche Ross & Company in the amount not to exceed $23,500 to provide the economic feasibility study. Vote resulted: AYES: Councilmen Cichy, Cleveland, Imperial and Mayor Tury NAYES: Councilman Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. VI. MATTERS FROM OFFICIALS A. Councilman Taylor commented on the shrubbery growing along Walnut Grove and Rosemead Blvd., freeway access that is covering walkways. Mayor Tury stated that he had commented on that and the pos- sibly taking them out altogether and totally changing it with a retaining wall. Frank G. Tripepi, City Manager stated that it is scheduled for the next Council Meeting. Councilman Imperial requested that low lying groundcover be planted, no bushes, and plenty of visibility. B. Councilman Cichy stated that at an interview of Congress- man Martinez, the Congressman had indicated the problems with Social Security were caused by the funding of the Vietnam War by the Treasury. He requested that the City Manager's office contact Congressman Martinez's Office and get what documentation there is to support that. There being no further business, the Council Meeting was. adjourned to the next Meeting on February 8, 1983 at 8:00 p. m. Respectfully submitted: City erk ADDRnVFn - CM 1-25-83 Page N5