CC - Approval of Minutes - 08-24-99 NOT O:717-7CIAL UNTIL
ADOPTED BY THE
ROSEMEAD
MINUTES OF THE REGULAR MEETING CITY COUNCIL
ROSEMEAD CITY COUNCIL
AUGUST 24, 1999
The regular meeting of the Rosemead City Council was called to order by Mayor Vasquez at 8:00
p.m. in the Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California.
The Pledge to the Flag was led by Mayor Pro Tern Clark
The Invocation was delivered by Councilman Imperial
ROLL CALL OF OFFICERS:
Present: Councilmembers Bruesch, Imperial, Taylor,Mayor Pro Tern Clark, and
Mayor Vasquez
Absent: None
APPROVAL OF MINUTES: JUNE 22, 1999 -REGULAR MEETING
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY MAYOR PRO TEM
CLARK that the Minutes of the Regular Meeting of June 22, 1999, be approved as submitted.
Vote resulted:
Yes: Bruesch, Taylor, Vasquez, Clark
No: None
Absent: None
Abstain: Imperial
The Mayor declared said motion duly carried and so ordered.
APPROVAL OF MINUTES: JULY 27, 1999 -REGULAR MEETING
Councilman Taylor requested that these Minutes be deferred to the next meeting. (These
Minutes were discussed later during Matters from Officials).
PRESENTATIONS: None
1. ORAL COMMUNICATIONS FROM THE AUDIENCE
Mayor Vasquez extended his deepest sympathy and condolences from the City Council to
the Pacheco and Flores family. Mr. Vasquez explained that the wake and rosary for the slain
victims were held last night, and, unfortunately, that was the same time as the Town Hall meeting
that was held to allow the public to address their concerns to the Council and Sheriffs
Department regarding those murders. Mr. Vasquez continued that many of the residents'
concerns are what the City Council intends to do about this horrendous crime that occurred in our
City. Last Thursday and last night, meetings were held in which the Sheriffs explained what
occurred and the professionalism that was displayed by the Deputies. Mr. Vasquez stated that
many agencies were involved such as Juvenile Diversion, the Probation Department, School
Districts, and the San Gabriel Family Counseling Services, and were all working together under
the umbrella of the City. Mr. Vasquez stated that he understands the feelings of anger,
frustration, and the powerlessness that many have expressed. San Gabriel Valley Family
Counselling will be available for free counselling. In conclusion, Mr. Vasquez stated that WeTip
has offered a $1000 reward to help in capturing this murderer. This evening, Mr. Vasquez stated
that he is recommending that the City assist WeTip with an additional $10,000 in reward money.
Councilman Imperial suggested that the reward total $20,000 to be handled by WeTip.
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Pearl Fu, representing State Senator Solis's office, read a letter from the Senator to the
Mexican Consul in Los Angeles, requesting their assistance in encouraging the Mexican
government to cooperate with the Los Angeles District Attorney's office and L.A. County
Sheriffs Department in apprehending this suspect.
Tina Herzog, representing Supervisor Gloria Molina s office, stated that because of the
magnitude of this crime and the horrendous impact it has had on the community, Supervisor
Molina offered an emergency motion at the Board of Supervisor's meeting today, to match the
$10,000 reward. Her motion was approved unanimously.
Eduardo Ozeta, representing Congressman Matthew Martinez's office, stated that the
Congressman has contacted the State Department, F.B.I. and the District Attorney and that he
will be working toward getting this murderer extradited.
Eddie Corletto, 2511 Walnut Grove Avenue, Rosemead, representing the Pacheco family
stated that they buried four of their family members today. Mr. Corletto stated that what took
place was a massacre, that the victims were executed while already wounded and were tying to
get away or get help. Mr. Corletto stated that he is pleased to hear that various local and state
agencies and people are getting involved in this case. However, to this day, the family has not
received a call from anybody. Mr. Corletto asked the Council to assist the family in any way
possible to bring this animal back to justice and to keep this story alive.
Rene Hernandez, 2647 Muscatel, a teacher at Sanchez Elementary School, stated the he
has known the Pacheco and Sanchez family for many years. One of the victims was a student of
his. Mr. Hernandez asked that the Council consider the reward discussed earlier, and that justice
and peace needs to be brought back to the community. Mr. Hernandez stated that he hopes from
this incident, the City can learn to react more quickly in the future, and that the Council as public
servants, has the duty and responsibility to serve the community as best as it can. Mr. Hernandez
concluded that should something like this occur in the future, that the family, friends, and
community do not have to go through what they did, and that we may learn as a community on
how to make things easier for families in this situation.
Alejandro Gandara, 2523 N. Dubonnet, Rosemead, stated that he wanted to address the
Council regarding mistakes and things that go on that are not necessarily meant to and the "spirit"
of things. Mr. Gandara stated that this massacre was a huge story, perhaps overshadowed by the
preschool shooting at a community center in another part of Los Angeles, but it was huge. Mr. SiwpN,,,7
Gandara stated that the family has gone through a horrific time, and today, they buried their loved
ones, and that the family has not heard from anybody in the City. Mr. Gandara asked who is
holding the "umbrella" ? Why is it just today? Mr. Gandara asked if anyone from the as
gone to the families homes, and that somewhere down the line, there was a in
communication. Mr. Gandara stated that at the community meetin at the family members
attended,there was a shouting match between a Councilmember and the teacher who was next to
one of the bodies in the street and that it was an emotional time. Mr. Gandara stated that the
community needs to be served better and that he is grateful that something good is coming out of
this. The murderer needs to found as he threatened to come back. Mr. Gandara concluded that
the City needs to be visible, that there should be a leader or specific person to act as a liaison
person to the family to hold up that "umbrella" and to have a plan in place.
Mayor Pro Tern Clark extended her deepest sympathy to the family and community. Ms.
Clark stated that she attended the funeral today and it was so shocking to see eight limousines for
the slain victims and families. Ms. Clark stated that she did not have a chance to speak to the
family today as she did not want to invade their privacy during this emotional time. Ms. Clark
stated that she returned home from vacation on Sunday evening and attended the Monday
community meeting. Ms. Clark stated that she made a contribution to the family funeral fund and
that the Council will most likely approve a reward tonight. Ms. Clark explained that her primary
concern was that the reward did not interfere with bringing this person to justice, that there would
be a slip up somewhere along the way, thus allowing the murderer to go free to kill again. Ms.
Clark stated that she was assured by the Sheriffs Department that this would not be a problem
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and that she is in favor of the reward. Ms. Clark clarified what occurred initially. The Council
was informed that the family was in hiding, and rightfully so, as the killer might come back and
that is why she did not go and knock on the door. That some of the family members were in
protective custody and others were at different locations. Ms. Clark apologized on behalf of the
Council if the family perceived that the Council did not care or did not reach out. Ms. Clark
continued that some clarification was made at the meeting on Monday regarding response times
of the Sheriffs and hopefully, different procedures will be worked out regarding medical
personnel. Ms. Clark stated that she is concerned that should this occur again, the person calling
"911" should say that a person is wounded rather than "shots are being fired" to trigger the
immediate response of medical personnel. Ms. Clark explained that when one states "shots fired",
no one knows what is happening and that adds to the time that of the medical personnel
responding. Ms. Clark agreed with Mr. Alejandro's suggestion of having one person to
coordinate efforts. Ms. Clark concluded that she is glad that the family representatives came
tonight to express their feelings, and added that she hopes that the City and law enforcement
agencies will work together to bring this killer to justice.
Councilman Taylor offered his condolences to the families. Mr. Taylor stated that this
crime had no rhyme nor reason and that there is no way to know beforehand or preventing such a
thing happening, and that this was a terrible tragedy. Mr. Taylor stated that he has mixed feelings
about what to do about the suggested $10,000 reward. Mr. Taylor stated that the would like to
see the reward split with $5,000 going toward the reward and that the County Board of
Supervisors is putting in $10,000 and WeTip has$1,000, which totals $16,000 for someone to be
observant and turn in the killer. Mr. Taylor asked how much money do we need for someone to
accept their social responsibility? Mr. Taylor requested that the other$5,000 be given to the
families to offset their funeral expenses, and that he does not believe that the money should go to
an informant who already has that obligation anyway.
Councilman Bruesch expressed his deepest sympathies to the families and explained that
he was on vacation and at a conference during this time. Mr. Bruesch stated that he was
concerned about the comments made about the lack of quick response by the Sheriffs
Department. Mr. Bruesch stated that he can empathize with the families and neighbors regarding
domestic violence and the sense of hopelessness that one feels. Mr. Bruesch referred to the
Youth Effectiveness System (Y.E.S. Program) that is in place in this City and that one of the
member groups, Juvenile Diversion, had a team assembled the very next day, ready to go to the
families' homes to offer their services. Contact was not made with the families as it was learned
that the Sheriffs Assistance Program had taken charge of that situation. Mr. Bruesch stated that
domestic violence is affecting everyone in the United States and certainly our community right
now. He stated that that problem needs to be faced and that he is investigating expanding the
anti-violence programs in our school system to include informational videos on crime against
women. Mr. Bruesch stated that he too is in support of making as much money available to go
toward the capture of this animal.
Councilman Taylor stated that he wanted to clarify his previous comments. Mr. Taylor
stated that he was just informed that should the City offer a reward, WeTip will withdraw their
$1,000 reward. Mr. Taylor stated that with the City offering the proposed $5,000 reward and
with the Board of Supervisor's $10,000, that $15,000 is a lot of money for someone to do what
they are responsible for. Mr. Taylor stated that it irritates him that WeTip will get all the publicity
for a reward and when someone offers a bigger reward, they withdraw theirs, and that they have
probably been doing this nationwide. Mr. Taylor stated that perhaps it may not be legal to give
$5,000 to the families, but he disagrees with that, as the City spends $10,000 a year on the
fireworks show to burn up money, and the City puts up banners on the streets to "Shop in
Rosemead" and that costs a couple of thousand dollars. Mr. Taylor explained that a City is
allowed to spend 5% of their money to be used for community promotion, and if this is not a
community promotion for the residents and families to want our City to be involved, he doesn't
know what is. Councilman Taylor stated that he will make the motion that $5,000 be for the
reward and $5,000 to go to the families. Mr. Taylor stated that he may be proven wrong that he
cannot do that,but there are so many loopholes that he sees, such as WeTip pulling their money
out that he is willing to be chastised.
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MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH
that the Council approve that $5,000 be for the reward and $5,000 for the family. Before vote
could occur, further conversation ensued.
Mayor Pro Tern Clark explained that since this item is not on the agenda, a motion needs
to be made to include that item.
A. AMEND AGENDA TO INCLUDE EXPENDING$10,000 FOR A REWARD
AND FOR THE FAMILIES FUNERAL EXPENSES
MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM CLARK
that the Council approve amending the Agenda to include consideration of an offer of reward and
supplemental assistance to the victims'families, and that the need to take action on this item arose
after the posting of the agenda. Vote resulted:
Yes: Bruesch, Taylor, Vasquez, Clark, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
Councilman Imperial apologized if he made anyone uncomfortable last Thursday night.
Mr. Imperial stated that he thinks that Sheriffs Department does an excellent job and that he and
the Council have the City and the people of this community constantly in their thoughts. Mr.
Imperial asked that should such a tragic incident occur again, to please contact the Council. The
Council does not arbitrary meddle in other people's business unless they know their help is
wanted.
Councilman Taylor commented on the question about the Sheriffs response time and
services provided that night. Mr. Taylor stated that the Sheriffs Department,Fire Department,
and County offices provide services for the City and a Councilmember cannot take control of a
situation. However, the morning after the tragedy, the City and Council received a report-there
were 30 Sheriffs officers, firemen, the Coroner's Office, and investigative detectives that
responded to that incident to do what they could.
Councilman Imperial requested the community's participation in informing the Council
when they want their assistance. Mr. Imperial stated that recent burial expenses for a family
member came to over $7,000 and that the City should not do anything less than $20,000 for the
family as they had to bury four of their members.
Councilman Bruesch explained that through the Y.E.S program, Lt. Heller will be meeting
with the City and School District personnel to establish a policy of availing information on
counseling services to victims and families affected by such horrific incidents as quickly as
possible.
Mayor Vasquez asked Councilman Imperial if his suggestion of$20,000 means $10,000
towards the reward and $10,000 to the family.
Councilman Imperial responded that the Council should do the best they can regarding the
burial expenses. Mr. Imperial stated that the expenses are most likely over $5,000 per victim.
Councilman Taylor stated that in good faith, he will stand on his motion of$10,000,
$5,000 for the reward and $5,000 for the family. Mr. Taylor stated that if Councilman Bruesch
wants to withdraw his second that is his choice.
Councilman Bruesch stated that he seconded Councilman Taylor's motion for purposes of
discussion.
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Juan Nunez, 2702 Del Mar, Rosemead, stated that he agrees with Councilman Taylor as
far as the reward goes;but, the City should not take the responsibility for the families. Mr. Nunez
stated that this is a tragedy for the families, but that this occurs everyday
Councilman Taylor stated that this is an extreme situation and an exception and that is
why he is willing to help with the costs.
Mr. Nunez stated that he understands the situation of the family and the costs, but, ifthe
City is going to do it for one, it has to do it for all.
Mayor Vasquez stated that there is a motion on the floor. •
Councilman Imperial stated that funerals cost $5,000 or more and that the City should
contribute$20,000 at $5,000 per burial with the City being provided documentation for the
expenses. Mr. Imperial added that Supervisor Molina's office is going to contribute toward the
reward.
Councilman Taylor stated that he withdraws his motion. Councilman Bruesch withdrew
his second. Councilman Taylor stated that the consensus for the new motion is that the funeral
bills will be paid as they come.
Councilman Imperial added that the funeral bills are paid up to a maximum of$5,000.
Eddie Colleto, stated that the State has a victims of crime program, and the family has the
application and can file a claim for up to $5,000 per person. Mr. Colleto stated that he
appreciates the Council's offer, but the family is not here to have $20,000 in their pockets.
Councilman Imperial stated that what was meant was that the City wants to accommodate
the family for whatever is spent.
Alejandro Gandara requested that the Council set aside that money and dedicate it to the
family to use for the extra amount in burial expenses and whatever remains, use that to go toward
the reward.
MOTION BY COUNCILMAN BRUESCH that the Council approve setting aside
$20,000 to set up a reward fund and utilize the money to supplement the burial expenses and
whatever remains will go into a reward fund.
Mayor Pro Tern Clark stated that some government programs may ask if the recipients are
receiving any other sources of finds. If the answer is Yes, that the City is contributing $20,000,
the State may not grant them the funds.
Councilman Bruesch stated that we are not giving them $20,000 and that the motion will
be to set up a reward fund and utilize the money to supplement what the family will spend in
burial costs and whatever remains will go into a reward fund. If the family has no additional
expenses, then all of that money will go into the reward fund.
Councilman Taylor stated that he would like to limit the reward fund to $5,000.
Robert Kress, City Attorney, clarified that the City will pay the actual costs not
reimbursed by any other agency.
Mr. Colleto explained that the family can file a claim for a maximum of$5,000 per victim.
Burial services were rendered by the Pierce Brothers, plus an additional costs incurred will total
approximately$8500 per victim.
COUNCILMAN IMPERIAL SECONDED THE MOTION.
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Councilman Taylor asked that the reward be limited to $5,000.
Councilman Bruesch repeated the motion that there will be a sum of$20,000 set aside for
this case. It will be used to supplement what the families are getting from the State. Whatever is
left over after those supplementary payments are made will go into a WeTip fund to increase the
reward for the capture of that person.
Vote resulted:
Yes: Bruesch, Taylor, Vasquez, Clark, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
A 20-minute recess was taken at 9:05 p.m. and reconvened accordingly.
Dolly Leong, 9554 Ralph Street, Rosemead, spoke on the time frames of releasing foreign
translations of candidate's statements during an election. Ms. Leong referred to her candidate
statement form she filled out requesting all languages to be printed in the voter pamphlet and to
Martin and Chapman's(M& C)worksheets on the foreign language translation requirements.
Ms. Leong stated that her request of Chinese and Vietnamese was not printed in the sample ballot
by M& C as she pointed out that in their work sheet it was checked off.
Councilman Bruesch reminded Ms. Leong that she was present when Paul Marshal of M
& C was present at a Council meeting to explain what the foreign translation guidelines the cities
have to follow regarding the 1% of minority population of each city and their requirements to
have those translation available. Mr. Bruesch explained that that regulation does not state that the
candidates statements have to be printed in those languages in the sample ballot.
Councilman Taylor stated that the resolution the City approved indicates that those
languages were not going to be printed in the sample ballot. Mr. Taylor stated that his situation
was that he did not want those languages put in because it was not feasible to pay for the
translation and not be able to give it to anybody. Mr. Taylor stated that the decision to print only
in English and Spanish in the sample ballot was predetermined by the resolution despite what the
candidate statement form indicates.
Ms. Leong requested several items to be distributed to the Council. Ms. Leong stated she
called Monterey Park City Clerk's office and was informed that that City prints their candidate
statements in Chinese by the candidate's choice and not by an ordinance.
Frank Tripepi, City Manager, stated that each city is different and the City Council of
Rosemead had made a determination that in our elections we do not translate Chinese and
Vietnamese in the voter pamphlet and that it is not the candidate's choice. If the Council wants to
change the resolution, they can make an amendment to the resolution prior to the next election. It
is a Council policy matter.
Ms. Leong asked if the Council is planning to change their resolution to include printing
Chinese and Vietnamese in the sample ballot.
Councilman Taylor stated that at this time he has no intention of changing the City's
resolution. Mr. Taylor stated that he still needs to give some information to the Clerk and is
researching other cities resolutions
Ms. Leong requested that the Council receive copies of items she brought.
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II. PUBLIC HEARINGS
An explanation of the procedures for the conduct of the public hearing was presented by
the City Attorney.
A. A PUBLIC HEARING: RESOLUTION NO. 99-35- CERTIFICATION OF
COMPLIANCE WITH THE LOS ANGELES CONGESTION
MANAGEMENT PLAN
Frank Tripepi, City Manager, presented the staff report.
The Mayor opened the Public Hearing for those in the audience wishing to speak on this
item.
There being no one wishing to speak, the Mayor closed the public hearing.
Councilman Bruesch asked that when this item comes before the Council next year, that a
list of how debits and credits were obtained be included.
MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMAN BRUESCH
that the Council adopt Resolution No. 99-35. Vote resulted:
Yes: Bruesch, Taylor, Vasquez, Clark, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
III. LEGISLATIVE
A. RESOLUTION NO. 99-17 CLAIMS AND DEMANDS
The following Resolution was presented to the Council for adoption.
RESOLUTION NO. 99-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF
$299,918.12,NUMBERED 28155 THROUGH 28295
Councilman Taylor requested information on the meeting with John Steelesmith(SCE)
regarding utility undergrounding. Mr. Taylor requested a memo on what particular
undergrounding that involved.
Frank Tripepi, City Manager, responded that it involved all three of the underground
projects as Mr. Steelesmith wanted to ensure that SCE was following up on the projects during
the interim when the City lost an SCE Area Manager. Mr. Tripepi explained that SCE and the
City will be working on revised cost estimates.
Councilman Taylor stated that he was concerned with the project involving the bonding
money that was up to $15 million.
Mr. Tripepi stated that this is the undergrounding that does not come from SCE and is
paid by the Agency. Mr. Tripepi explained that SCE does the plans and designs,but as a result of
deregulation, there have been some changes, and the reason for the meeting was to start
discussions on how the changes will affect the projects.
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Councilman Bruesch asked about the CCCA Conference refund of$826.20 on the
Bankamericard.
Mr. Tripepi responded that that was a refund from the hotel on a mix up on the charges.
MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN IMPERIAL
that the Council adopt Resolution No. 99-17. Vote resulted:
Yes: Vasquez, Taylor, Bruesch, Clark, Imperial
No: None
Absent: None •
Abstain: None
The Mayor declared said motion duly carried and so ordered.
B. ORDINANCE NO. 798- AN ORDINANCE OF THE CITY COUNCIL
ENACTING AN UPDATED ROSEMEAD MUNICIPAL CODE,WHICH
REVISES,AMENDS,RESTATES, CODIFIES AND COMPILES Hit
GENERAL ORDINANCES OF THE CITY AND WHICH ADOPTS THE
LATEST VERSIONS OF THE LOS ANGELES COUNTY HEALTH AND
SAFETY CODE,BUSINESS LICENSE ORDINANCE, TRAFFIC CODE,
STREET PERMIT ORDINANCE,PARKS ORDINANCE,AND
SUBDIVISION ORDINANCE-INTRODUCE
MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN IMPERIAL
that the Council introduce Ordinance No. 798 on first reading, and schedule the item for a second
reading and Public Hearing at the meeting of September 14, 1999. Vote resulted:
Yes: Bruesch, Taylor, Vasquez, Clark, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
Councilman Taylor requested a clarification on what amendments, deletions were done.
Mr. Taylor stated that he cannot tell what the changes are without having to look up every
number, which are not in sequence as in the old code book.
Robert Kress, City Attorney, stated that the Code has gone through a total reorganization,
and in the back of the book there is a reference table that shows the old code sections and their
disposition. Mr. Kress explained that, generally, this undertaking is a housekeeping and cleanup
process without any major changes. This process updates and adopts the latest versions of the
L.A. County Codes, Mr. Kress stated that this update will allow the Council and staff to have the
entire Municipal Code accessible on computer.
Councilman Taylor stated that he would like to know what individual ordinance in the
present code book has been deleted, amended, dropped out, etc.
Mr. Kress said that that information is in the disposition table in the back of the new code
and that he will provide Council with a highlighted report of what some of the editorial changes
have been. Mr. Kress stated that this undertaking was not to change the code book by substance,
but to make it user friendly and bring it up-to-date.
Councilman Bruesch stated that it will be user friendly to the general populace. Mr.
Bruesch explained that there are memos back and forth from Book Publishing Company to staff
regarding changes, problems, and recommendations. Mr. Bruesch recommended providing Mr.
Taylor with copies of that correspondence.
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C. ORDINANCE NO. 797 -APPROVING A DEVELOPMENT AGREEMENT
FOR ASSESSOR PARCEL NUMBERS 5281-028-906, 907, 910, 911 AND
5282-027-902, 903 LOCATED AT 9100-9108 GARVEY AVENUE,
ROSEMEAD (DEVELOPMENT AGREEMENT 99-1)
MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN IMPERIAL
that the Council adopt Ordinance No. 797. Vote resulted:
Yes: Bruesch, Taylor, Vasquez, Clark, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
Councilman Taylor referred to the Development Agreement and asked when Council
would be receiving the selection guidelines and covenants.
Mr. Tripepi responded that staff is still waiting for that information.
W. CONSENT CALENDAR
CC-A REQUEST FOR RED CURB MARKING AT 2703 STINGLE AVENUE
CC-B APPROVAL OF PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO SEEK BIDS FOR CONCRETE REPAIRS AT
VARIOUS LOCATIONS
CC-C AUTHORIZATION TO REJECT CLAIM AGAINST CITY -JAMES
CHOW
MOTION BY COUNCILMAN BRUESCH, SECOND BY MAYOR PRO TEM CLARK
that the Council adopt the foregoing items on the Consent Calendar. Vote resulted:
Yes: Bruesch, Taylor, Vasquez, Clark, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
V. MATTERS FOR DISCUSSION AND ACTION -None
VI. STATUS REPORTS -None
VII. MATTERS FROM OFFICIALS
A. COUNCILMAN BRUESCH
Asked about the street trees on Valley Boulevard. Since the trees will not be planted for
another 8 to 12 months, is the City able to claim liquidated damages against the contractor as this
was none of the City's fault. Ken Rukavina, City Engineer, stated that there are provisions in the
Green Book that the contractor could probably find a reason to get out of it by obtaining letters
from the supplier that the trees were not available, etc. Councilman Bruesch stated that the
contractor verbally stated that he had obtained the trees and actually had not. Mr. Rukavina
explained that the contractor verbally stated that he had his own sources, and when he went to
that source, they were not available.
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Mr. Rukavina continued that staff had enquired with a tree broker to verify that the trees
were available at the time the contract was advertised. The contractor initially had one
subcontractor on board who was responsible for obtaining the trees. That sub elected to have his
bid withdrawn and that was when Mariposa Landscapes was substituted in. Mr. Rukavina stated
that in October the trees were still available; however, Mariposa stated that they had their own
sources and would obtain them themselves.
Councilman Bruesch asked if there was an added expense of covering the holes.
Mr. Rukavina responded that the City did not have an added expense. The contractor is
paying for the base that was installed prior to the 4th of July Parade, which is the base that goes
into the holes to make it safe. Any additional costs incurred by Mariposa when planting the trees
in the Spring will be charged to the contractor.
Councilman Bruesch expressed his frustration when constituents constantly ask him about
the lack of street trees on Valley Boulevard.
Robert Kress, City Attorney, stated that the contract has not been closed out yet and that
will be the Council's final decision to accept staffs recommendation which will have all the
aforementioned matters sorted out.
B. COUNCILMAN TAYLOR
1. Requested to discuss and act on the Minutes of July 27, 1999 that was deferred
earlier in the meeting. Mr. Taylor referred to page 16 and requested the following clarification -
that when he filed, he did not pay for or request other translation services at that time, and that he
was not notified until two days later after the City Clerk consulted with Martin& Chapman that
he could not do that.
MOTION BY MAYOR PRO TEM CLARK, SECOND BY COUNCILMAN IMPERIAL
that the Minutes of the Regular Meeting of July 27, 1999, be approved as corrected. Vote
resulted:
Yes: Bruesch, Taylor, Vasquez, Clark, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
2. Stated that there have been 3 or 4 accidents in the past two years involving City
employee driven vehicles. Mr. Taylor asked if any of these are repeat accidents? Mr. Taylor
requested a report covering the last three years.
VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE -None
LX. ADJOURNMENT
There being no further action to be taken at this time, the meeting was adjourned at 10:00
p.m. in memory of Oscar Pacheco, Andy Pacheco, Jaime Pacheco and Victor Lopez-Flores, the
victims of the tragic murders which occurred on August 9, 1999. The next regular meeting will
be held on Tuesday, September 14, 1999, at 8:00 p.m.
Respectfully submitted: APPROVED:
City Clerk MAYOR
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