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CC - Approval of Minutes - 10-12-99 NOT II-FICIAL 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 Tem 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 14th 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. CC:ID-1299 PAGEi1 II. PUBLIC HEARINGS—None HI. 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" Councilman Taylor stated that this young 14 year old boy was one of the most innocent victims, even though the others were also victims. Mr. Taylor stated that it is ironic that last year the Council discussed a resolution regarding 14 year olds being tried as adults for adult crimes. Mr. Taylor continued that these kids are just babies and that he has no problem with the alley being named after the 14 year old boy that died. CC10-12-99 PAGE 02 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. Councilman Imperial stated that he abstained because if the City is going 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 Bniesch 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 Tem 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. CC90-1299 PACE a3 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 VII. MATTERS FROM OFFICIALS COUNCILMAN BRUESCH l: 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. D:. 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 CC90-12-99 PAGE g4