CC - Item IV. D - Support city Of BurbankAppeal in the Invocation Caseby adding Their Names On An Armicus Curiae BriefWALLI N, KRESS, REISMAN & KRANITZ
LAW OFFICES
2800 TWENTY-EIGHTH STREET. SUITE 315
SANTA MONICA, CALIFORNIA 90405-6205
TELEPHONE 13101 450-9582
FACSIMILE 13101 450-0506
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ROBERT L. KRESS, CITY ATTORNEY/(,~V~
RE: IRV RUBIN, ROBERTO ALEJANDRO GANDARA V. CITY OF BURBANK
DATE: JUNE 4, 2001
The City of Burbank has requested, through the League of California Cities, that cities
support the City's appeal, in the invocation case, by placing their names on an amicus curiae
brief. Enclosed is the request that was distributed to all city attorneys in California. Burbank is
not asking for financial support.
RECOMMENDATION:
Authorize the City Attorney to add the City of Rosemead's name to the amicus curiae
brief supporting the City of Burbank's appeal.
cc: City Manager
Assistant City Manager
Director of Administrative Services
City Clerk
JUN 122001
ITEM No. M-L• M-
FOR YOUR INFORMATION, continued
City Council invocations
Rubin v. City of Burbank, BC221942 (L.A. Super. Ct.).
Case Summary
Case Status
The issue in this case is whether opening city council
meetings with an invocation using "Jesus Christ" violates
the Establishment Clause of the-First Amendment. The
city has a weekly practice of opening its council meetings
with an invocation given by a volunteer. A person
attended a council meeting and heard an invocation ending
with "in the name of Jesus Christ." The individual filed a
lawsuit seeking to prohibit this type of invocation.
The trial court issued a permanent injunction prohibiting
the city from intentionally allowing sectarian prayers at
city council meetings. The city is appealing to the court
of appeal.
The city is coordinating an amicus brief to
the court of appeal. The brief will be due
at the end of May 2001.
Brief Writers
T. Peter Pierce
Amy Greyson
Richards, Watson & Gershon
333 South Hope Street, Floor 38
Los Angeles, CA 90071-1469
213/626-8484
Fax: 213/626-0078
D
Councilman Taylor requested a report on the Economic Development Meeting (Walmart
and Target).
IV. CONSENT CALENDAR
CC-A APPROVAL OF FIREWORKS STAND LOCATIONS
CC-B RE-AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA
CITIES MAYORS AND COUNCILIVIENIBERS EXECUTIVE FORUM -
.IULY 25-27,2001, MONTEREY
CC-C RE-AUTIORIZATION TO FUND CAMBODIAN FAMILY SUPPORT
AND OUTREACH PROGRAM
AUTHORIZATION TO SUPPORT THE CITY OF BURBANK'S APPEAL
IN THEIR INVOCATION CASE BY ADDING TAE CITY OF
ROSEMEAD'S NAME ON AN AMICUS CURIAE BRIEF.
CC-E AWARD OF BID - DOCUDIENT IMAGING SYSTEM
CGF AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND THE
COUNTY OF LOS ANGELES TO PROVIDE GANG ALTERNATIVE
PREVENTION PROGRAM (GAPP)
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILWOMAN
CLARK that the Council approve the aforementioned items on the Consent Calendar. Vote
resulted:
Yes: Bruesch, Taylor, Imperial, Clark, Vasquez
No: None
Absent: None
Abstain: Node
'rhe Mayor declared said motion duly carried and so ordered.
V. MATTERS FOR DISCUSSION AND ACTION
A. DINSMOOR HOUSE- INSTALLATION OF ALARM SYSTEM AND
AUTHORIZATION TO OBTAIN RESTORATION COST ESTIMATES
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILWOMAN
CLARK that the Council approve Post Alarm Systems' proposal for the full system installation
and monthly monitoring service and authorize the City Manager to undertake a cost
assessment/options review for utilization/disposition of the facility for an amount not to exceed
$500. Vote resulted:
Yes: Bruesch, Taylor, Imperial, Clark, Vasquez
No: None
Absent: None
Abstain; None
The Mayor declared said motion duly carried and so ordered.
B. RELIEF FROM ORDINANCE NO. 811 (GARMENT' MANUFACTURING
MORATORIUM) - 2727 SL'INGLE AVENUE, UNIT 7
MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN VASQUEZ
that the Council approve the request for relief from Ordinance No. 811, and direct staffto
process the required entitlement application, which requires a public hearing and CUP. Vote
resulted:
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