CC - Approval of Minutes - 10-12-99 NOT OFFICIAL UNTIL
ADOPTED BY THE
ROSEMEAD
MINUTES OF THE REGULAR MEETING CITY COUNCIL
ROSEMEAD CITY COUNCIL
OCTOBER 12, 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 Councilman Imperial
The Invocation was delivered by Mayor Vasquez
ROLL CALL OF OFFICERS:
Present: Councilmembers Bruesch, Imperial, Taylor, Mayor Pro Tern Clark, and
Mayor Vasquez
Absent: None
APPROVAL OF MINUTES: SEPTEMBER 14, 1999 - REGULAR MEETING
MOTION BY COUNCILMEMBER TAYLOR, SECOND BY COUNCILMEMBER
IMPERIAL that the Minutes of the Regular Meeting of September 14, 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.
APPROVAL OF MINUTES: SEPTEMBER 28, 1999—REGULAR MEETING
MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH
that the Minutes of the Regular Meeting of September 28, 1999, be approved as submitted. Vote
resulted:
Yes: Bruesch, Taylor, Vasquez, Clark, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
PRESENTATIONS: None
1. ORAL COMMUNICATIONS FROM THE AUDIENCE
Gilbert Villa, Durham Transportation and Rosemead Chamber, thanked the Council for
their support of Chamber efforts. Mr. Durham invited everyone to the Chamber Mixer on
October 14't at the Durham Transportation offices. On display will be the newest model of their
buses.
Alejandro Gandara, 2523 Dubonnet, Rosemead, stated that he has always been treated
with the utmost respect when coming to City Hall and is appreciative of the opportunity to see
how the City operates. Mr. Gandara addressed the Invocations given at each meeting, and
requested that the Council not pray in the name of someone, but rather have a generic type of
invocation in the future.
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H. PUBLIC HEARINGS—None
IH. LEGISLATIVE
A. RESOLUTION NO. 99-41 - CLAIMS AND DEMANDS
The following Resolution was presented to the Council for adoption.
RESOLUTION NO. 99-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF
$290,077.28 NUMBERED 28625 THROUGH 28759
MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMEMBER
IMPERIAL that the Council adopt Resolution No. 99-41. Vote resulted:
Yes: Vasquez, Taylor, Bruesch, Clark, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
IV. CONSENT CALENDAR
CC-A REQUEST FROM ROSEMEAD HIGH SCHOOL FOR CONTRIBUTION
TO 12TH ANNUAL RUN/WALK AGAINST DRUGS, ALCOHOL AND
TOBACCO, NOVEMBER 6, 1999
CC-B ACCEPTANCE OF BIDS AND AWARD OF CONTRACT—CONCRETE
REPAIRS AT VARIOUS LOCATIONS (FY 1999-2000)
MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN IMPERIAL
that the Council adopt the foregoing items on the Consent Calendar. Vote resulted:
Yes: Clark, Bruesch, Vasquez, Imperial, Taylor
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
V. MATTERS FOR DISCUSSION AND ACTION
A. REQUEST TO NAME ALLEY NEXT TO 2511 WALNUT GROVE "ANDY
PACHECO COURT"
MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH
that the Council approve this request and direct staff to take the appropriate action. Vote resulted
Yes: Clark, Bruesch, Vasquez, Taylor
No: None
Absent: Imperial
Abstain: None
The Mayor declared said motion duly carried and so ordered.
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Councilman Imperial stated that he abstained because if the City is goine to do this for
one person, then they should do it for all, regardless of the age.
Mayor Pro Tern Clark stated that this is a special circumstance considering the young age
of the victim and the street itself is not a long street. Ms. Clark stated that she does not feel that
this would be setting a precedent, and that it is the least the Council could do to alleviate some of
the pain that the family is going through.
Councilman Bruesch stated that he appreciates the Council's action, and this should help
with closure for everyone.
B. DISCUSSION OF COUNCIL MINUTES •
Councilman Bruesch stated that when minutes are verbatim, it leaves the City open for
liability and that the minutes can be subpoenaed.
Robert Kress, City Attorney, explained that if a transcript is being created, such as
verbatim minutes, the individual members of the Council could be called upon to verify the
transcript. Mr. Kress stated that if the minutes are verbatim, it exposes every word and draft
thought for someone else to examine, and while it probably does not expose the City to any new
liability, it could open a lot of doors. Mr. Kress stated that City Attorneys would rather have
action minutes that discuss, in general terms, the position of the Councilmembers and the action
taken. When the Council is not deciding on an issue, one side or another, the Council is making
legislative determinations and policy decisions which are not subject to judicial review.
Councilman Bruesch asked if there is a difference between a normal meeting and a
hearing.
Mr. Kress replied that in a contested hearing that might be subject to judicial review, that
court reporters have been called in, sometimes engaged by the City or by the applicant.
Councilman Bruesch asked staff to survey the cities within L.A. County to determine
what type of minutes they take. Mr. Bruesch stated that we live in a litigious society where one
word mispronounced or said out of context could be totally misconstrued.
Mayor Pro Tern Clark suggested that the option for verbatim minutes be kept, as there
may be time when that becomes necessary to prevent misunderstandings. However, the request
for verbatim minutes should be by approval of the Council.
Councilman Taylor stated that there are comments made at these meetings that are very
critical and he takes an entirely different viewpoint. Mr. Taylor stated that his goal with
requesting verbatim minutes is to ensure that there is no misunderstanding and he referred to the
misunderstanding with the trash contract two years ago regarding who was responsible for
replacing the large trash containers if they developed a leak. Mr. Taylor asked if the City has
ever been sued for anything that was said.
Frank Tripepi, City Manager, responded the question is not if the City has ever been
sued, but have the Minutes ever been used to assist or substantiate a point that would put the City
in a weaker position, and that Yes it has.
Councilman Taylor stressed to keep an open mind regarding verbatim minutes.
It was the consensus of the Council to wait for the survey and then develop a policy.
VI. STATUS REPORTS -None
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VII. MATTERS FROM OFFICIALS
COUNCILMAN BRUESCH
1. Requested a memo from the City Attorney regarding the City being able to
develop stricter laws concerning public nudity.
2. Requested staff to investigate the Safe Routes to Schools Act that was recently
signed by the Governor. Mr. Bruesch requested information on the City applying for those funds
to work with the two elementary school districts to develop a plan for those schools that are
highly impacted by traffic during school hours.
•
COUNCILMAN IMPERIAL
Suggested that in order to expedite the Council Meetings, any typo's in the Minutes be
brought to the attention of the person responsible prior to the meeting.
VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE -None
Juan Nunez, 2702 Del Mar, Rosemead, addressed the verbatim minutes issue that was
just discussed. Mr. Nunez stated that in a court of law, sometimes the word that is not included
in the minutes, may make a difference, as he's had minutes contested by the Board of Education
regarding his comments.
IX. ADJOURNMENT
Mayor Vasquez announced that there may not be a Council meeting on October 26, 1999,
due to lack of a quorum.
There being no further action to be taken at this time, the meeting was adjourned at 8:35
p.m., in memory of Mayor Vasquez's aunt, Maria Aceva. The next regular meeting is scheduled
for Tuesday, October 26, 1999, at 8:00 p.m.
Respectfully submitted: APPROVED:
City Clerk MAYOR
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