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CC - Item 3A - Minutes of 06-30-09Minutes of the REGULAR CITY COUNCIL MEETING June 30, 2009 The special meeting of the Rosemead City Council was called to order by Mayor Clark at 6:00 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. FLAG SALUTE: Council Member Armenta INVOCATION: Council Member Low PRESENT: Mayor Clark, Mayor Pro Tern Taylor, Council Member Armenta, Low, and Council Member Ly. OFFICIALS PRESENT: City Manager Allred, City Attorney Montes, Assistant City Manager Hawkesworth, Community Development Director Saeki, Director of Finance Brisco, Director of Parks and Recreation Montgomery-Scott, Deputy Public Works Officer Marcarello„and Assistant to the City Clerk_ Hernandez 1. PUBLIC COMMENT FROM THE AUDIENCE. Chester Jung - expressed concern regarding the.senior programs being moved from the Rosemead Community Center to the Garvey Community Center Mr.. Jung stated that traffic is bad at Garvey Avenue and that many senior citizens were very upset about relocating. Also, stated there had been numerous incidents where kids had entered his property and trashed his poand backyard. He added that very loud music could be heard from the eastside of the Community.Center. Mr. Jung felt that the kids were not being supervised and asked hdhere.be better control\ y Council Member Ly agreed with,Mr% Jung about traffic on Garvey Avenue; however, stated that the senior programs would not be eliminated,only moved"to•the Garvey Community Center. Asked staff to look into the noise problem being caused at the Rose em ad•Community Center. Mr. Ly added that as for the idle kids around the Center working in`develop g~a~youth and teen program would keep those kids busy. City Manager Allred.assured the council that staff would look into the surveillance of the facility. Director of Parks and,Recreation Montgomery-Scott stated that staff had been updating the systems to supervise the facility and,that the Cityihad installed cameras in the Rosemead Community Center's lobby area and on four sides arounNe;building. Mayor Pro Tem Taylor askedif the cameras showed the south and east side of the building and who monitored them. ; Director of Parks and Recreation Montgomery-Scott explained that the cameras moved around and were being monitored by the supervisors scheduled to be at the front desk. Rosemead Special City Council Meeting Minutes of June 30, 2009 Page I of 9 Mayor Pro Tem Taylor stated that there had been recent discussions about getting rid of a supervisor at night time to save money and having another supervisor float around to different facilities. Mr. Taylor expressed concerned about the supervision availability. Director of Parks and Recreation Montgomery-Scott explained that in terms of reducing supervision at night at park facilities, two people would be rotating from one facility to another. However, the community centers are different, there is usually somebody stationed until 9 or 10 p.m. Mayor Pro Tem Taylor asked for the sheriffs report which was taken from an incident involving Mr. Jung's property of the two kids trespassing in his pool and any other reports with their responses from the last two years Council Member Low asked staff if there had been any other incidents since theJn`stallMon of the cameras. Mr. Montgomery-Scott stated he had spoken to Mr. Jung about kids jumping the fence onto his property and also regarding an incident about a girl who was under the influence, and passed.outin his property. Staff called the sheriffs and since then there has not been any other'similar'incidents. i\ City Manager Allred stated that staff would provide council the ihformation'requested regarding th- sheriffs .r reports. Council MemberLy inquired about a comment made by.Mr. Jung regarding'Chinese drums being played very loud; asked staff if that event was a city event.' \~N .1 ; ,,S Mr. Montgomery-Scott stated it was probably one of the city's events and.he would look further into that issue. ` X Council Member Ly stated that loud,events such as the Chinese Drumming class would be better suited for the Garvey Community Center where'there ifs no large residential area surrounding it. Mr. Ly felt that the problem at the Rosemead Community,Center.was thatclasse s'that involved noise affected the residents more. ? r Mayor Pro Tem_Taylor stated that l edid not reali ttiat all senior programs were being moved to the Garvey Comm" unity:Center and that the ;use of the"Rosemead Community Center was being changed. Mayor Clark explained that council votedon the senior programs, which was included as part of the budget; however, Mr. Taylor voted against it.rr Mayor Pro Tern Taylorstated the discussion was mainly about the senior lunch program being moved from the Rosemead Community Center to the Garvey Community Center because it held more people. Mr. Montgomery-Scott clarified that both community centers are multipurpose centers. Mayor Pro Tem Taylor stated he was confused about the proposed movement of all the senior programs to the Garvey Community Center and stated that he opposed to moving all programs. Rosemead Special City Council Meeting Minutes of June 30, 2009 Page 2 of 9 Council Member Ly stated that with the reduction of the hundred thousand dollars from the S.T.A.R. program, the city needs to offer and alternative for the children. City Attorney Montes interrupted and asked that if council wished to re-examine the item, it should be agendized. Council Member Armenta asked if there was a youth or teen event if staff had to have a ratio of security guards per teen's attending the event. Mr. Montgomery-Scott reaffirmed that the ratio is still in place for teens 13 to 19 years of age and are required to have security present. Council MemberArmenta stated she had worked in the community center guards were outside patrolling. She added that if they were not, that was a look into. f Assistant City Manager Hawkesworth clarified that the ti usually dropped off at the library by their parents and w( hang around; they do not attend any formal event at the Jean Hall - informed Council that many concerned seniors telephones the Garvey Community Center. From conversations that have been ac involved and attending City Council meetings. Ms. Halle pressed that the scenario has gotten them upset and asked council to bring this.iter allow people to express their opinions on the issue. Ruby Ratteree - stated she opposed the parking at the Garvey Community Center. the noise be controlled from the Rosemea Council Member L y askedw_haf the capac Mr. Montgomery'S oft replied it is a,little,c g events security and it needed to be outside the center were to just ier about programs being moved to -essed, people are not being 11 eo`ple are getting paranoid because back 'ff for further discussion and rging of the two lunch programs and felt there was not enough o) felt that the youth needed more supervision and asked that )ommunity Center;':especially during the summer time. in the Garvev=Community Center was. \ 1 Council Member Ly stated.tat if there are about 160 people in the lunch program, there were about 40 spaces for growth. 1 Alice Ward -expressed concern bout the merging of the senior programs. Ms. Ward submitted to Council a petition she circulated against the programs merging. Asked Council to reconsider and allow for residents to voice their opinions at the following city council meeting. Ms. Ward also stated that many seniors did not have transportation and did not want to rely on Dial-a-Ride or a shuttle. Council Member Ly asked who offered the line dancing class at the Rosemead Community Center. Mr. Montgomery-Scott replied it was the El Monte School District. Rosemead Special City Council Meeting Minutes of June 30, 2009 Page 3 of 9 Velia Navarro - expressed disappointment regarding the slaughter house which is still in business. The prior mayor had stated that the slaughter house was no longer going to be operating and there is concern about the avian flu. Council Member Armenta replied that the item in question is under litigation and in closed session; therefore, the council must go through a process before discussing it. Ms. Navarro asked how long the litigation would take. Mayor Pro Tem Taylor asked the City Attorney to answer the question because it involved legal litigation. City Attorney Montes replied it depended on the course of action and the cooperation ;of the business; it could be months before anything is resolved. Also, council and staff are aware ,offattthe issues involving the slaughter house. Ms. Navarro inquired about the flashing lights on Angelus Avenue to be installed. , Director of Public Works Marcarello assured council that tl city's capital improvement projects for this year; hopes for August. to h Street; which were supposed of flashing lights was•part of the ~sighs'and go out to bid by July or Ms. Navarro also stated that there was an incident whicli'invglved a school'bus: She was going out of her drive way as the school bus turned the corner at a higf,speed and,almost hit lied car. She suggested there should be some speed bumps on the corner of Angelus'and Ru"sh•Street,.because bus drivers are going to fast. \X f } y G Council MemberArmenta stated she was concerned because',buses usually use wider streets and have to park adjacent to the schools and hot across the street. Ms. Navarro stated thaYstudentsget picked'up at a certain,spot, She has complaint to the principal and was referred to the'sheriff department,about'speeding buses. Mayor Clark asked that.the Traffic Commission look into Ms.'Navarro's concerns. Ms. Navarro agreed with'Mr. Jung about the center issues; however; asked that council consider an education center for the kids,.Also, stated that massage parlors by her street remain open pass 9:00 p.m. Rosemead Special City Council Meeting Minutes of June 30, 2009 Page 4 of 9 2. MATTERS FROM CITY MANAGER & STAFF A. Interim Urgency No. 877 Establishing a Moratorium on Medical Marijuana Dispensaries in the City , With recent changes to state and federal law regarding medical marijuana dispensaries, cities have seen a dramatic increase in inquiries from individuals interested in opening these types-of businesses. Specifically, and as discussed in more detail in the ordinance itself, certain officials of the federal government have indicated an intent to make marijuana enforcement a low priority. At the time the California Curt of Appeals will hear arguments in August on a key case on the legality of medical marijuana dispensaries. lelkl Given the federal government's intent to make marijuana enfo"rcement a low priority and the potential legal issues from the California Court ofiAppeals, it would be prudent that City Council consider adopting an inter m•urgency ordinance which ,,r , 11 14 would establish a moratorium on medical marijuans'dispensaries in the City of Rosemead. Approval of Ordinance No 877 by..afour-fifths vote would prohibit approval of any medical marijuana dispensanes,for a period,of 45-days. If iftakes , 01 staff and the City Attorney more than 45-days to-update the'ordinance, the City Council has the option of extending the moratorium `foran addition alperiod of time. It is likely that this will be the'casehbecause unless h,e Court of Appeals issues a decision immediately followirigarguments on the dispensary case, the matter will not be decided until after the.initibr,45-days period"has ended. Recommendation: entitled "An Interim? California establish Vella Navarro - Stated she was provided by doctor offices,lo:'ttio: Marlene ShineK"'stated the activiti safety, welfare and=quality of life. Ex value and is now placedher on heig proliferation of medical marijuana di'. youth is seeking leadership;'guidanc Shinen proceeded to state a quote,f when one cannot survive one with"o council member. City Council adopt Interim,Urgency Ordinance No. 877 Drdinance the City Council'of the City of Rosemead, atorium on Medical Marijuana Dispensaries in the City'. a dispensaries. Felt that this should be `by law jf..ttie city invites, allows, and permits would affect the peace, es'sed thai,past Rosemead city councils took steps to what is high enlalert. Ms. Shinen asked council to place a moratorium on the ensaries and adult business in Rosemead. She explained that the !'and boundaries and not behavior leading to illegal activity. Ms. ow can it be said as often as it is that moral order is second to liberty, the other". She distributed a book called, Liberty in Tyranny, to each Council Member Ly made a motion, seconded by Council Member Armenta, to adopt Interim Urgency Ordinance No. 877. Vote resulted in: Rosemead Special City Council Meeting Minutes of June 30, 2009 Page 5 of 9 Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None B. Interim Urgency Ordinance No. 878 Establishing a Moratorium on Adult Businesses in the City The City of Rosemead currently has the ability to regulate adult businesses through Ordinance No. 753 which was adopted in June 1995. However, this ordinance has become outdated as there have been several changes in both state and federal law related to adult businesses. In an effort to provide correct and legal information and in processing adult business applications~he City 's ordinance needs to be updated to reflect these changes in,law. \ l f Such factors warrant City Council consideration of an intetim urgency ordinance which would establish a temporary moratorium onadult~businesses in Rosemead. Approval of Ordinance No. 878 by a four-fifths vote would prohibit appro, aWbf any adult business applications for a period of 45-days. `During,the 45-day period,,,the City's ordinance would be updated and presented,to'the.CityCouncil for U Consideration. If it takes staff and the City Attorney more than the 45-days to update the ordinance, the City Council has the option of•extending the moratorium for an additional period of time. t Recommendation: That the City Council adoptt,interim .Urgency Ordinance No. 878 entitled "An Interim Urgency Ordinance of the City Council•of the City of Rosemead, California, establishing a Moratorium on Ad o ult Businesses in the City'. r; t Council Member Low made`a rtio, tion, seconded by Council;Member Armenta, to adopt Interim Urgency Ordinance No. 878. Vote resulted.in . Yes:'Armenta; Clark, Low,.Ly,,Taylor No: None Abstain: None Absent: None . 3. MATTERS FROM MAYOR'& CITY COUNCIL A. Payment of Legal Cost for Council Member Armenta This item has been continued from the June 9, 2009 City Council meeting. Council Member Armenta has requested that the City consider paying for her defense costs related to the legal challenge that was made by John Tran in contest of the March election. In conferring with the City Attorney, California Government Code section 36812.5 provides in relevant part that "A city may Rosemead Special City Council Meeting Minutes of June 30, 2009 Page 6 of 9 defend any person elected to the city council... in any election contest instituted for any of the causes set forth in subdivisions (a), (d), or (e) of section 16100 of the Elections Code." Elections Code section 16100(e) includes a challenge to an election based upon an allegation "that the precinct board in conducting the election or in canvassing the returns, made errors sufficient to change the result of the election as to any person who has been declared elected." The complaint in the Tran v. Armenta suit clearly falls within the scope of 36812.5 and 16100(e) and due to the fact that Council Member Armenia's interests in the case were different from and potentially in conflict with those of the City and City Clerk, it is appropriate that she was represented by a firm other than Burke, Williams & Sorensen, LLP. The City Attorney has reviewed the attorney's bills. Recommendation: That the City Council provide direction regarding`the payment of legal fees for Council Member Armenta in the Tran v. Armenta case. Council Member Armenta and Council Member Ly recuse themselves:from;this poitioh of the meeting. Velia Navarro - stated the city should not be held responsible.for"paying for.Council Merr legal fees. She said Mr. Tran should be responsible for the legal fees since;he challenged results. City Attorney Montes stated that there are only two'.•ways to statue that provides for the recovering of fees; seco' d,.you get attorney fees in the event that there is litigation. Mr\Mo elections and the statues that deal with elections do not allc the challenging party; however, a section of the governme; Zl Marlene Shinen - stated she John Tran, who had money. SI endured by Mr. Tran and supp Mayor Pro Tem Taylor asked for, where it stated,="a $15,000 dollar paid in full". Woman lore of a er attftdy.,fees. First, you have to have a to have a'contract,that provides that you dried that there,is' no contract dealing with ouncil membe( to recover those fees from auth~ es a city to pick up the cost. a for having courage in running against :for somebody to help pay the cost g her legal fees. billing verbiage of the attachment on the agenda, transferred to our account and your account has been City Attorney Montes replied'that by adding up all the amounts in the bill, there were discounts applied by the law firm. The total was approximately $79,000;'however, the actual amount paid by Ms. Armenta was $25, 001.96 and the rest the law firm-wrote off. In conversations with Ms. Armenta's attorney, Mr. Hertz made a business decision to only~6harge her $25,001.96. Mayor Pro Tem Taylor stated that the bill did not show an amount of $79,000. Mr. Montes explained the first bill was approximately $19,942.75, the total which was listed on the first page was $9,942.75; however, the attorneys discounted as they went along. On the second set of bills, there was a subtotal of $31,000 dollars; the actual total was about $38,000 dollars. Rosemead Special City Council Meeting Minutes of June 30, 2009 Page 7 of 9 Mayor Pro Tem Taylor asked for clarifications regard ing.some amount figures; 80.9 hours for $31,449; preparation for an attendance at recount for 14.7 hours, for $14,410.00; Mr. Taylor reiterated that is was almost a thousand dollars an hour and therefore not clear. Mr. Montes explained the 14.7 hours were from one attorney, Daniel Abramson's billing rate, which was $300 based on the prior entry; then there is a second for a preparation for an attendance. Mr. Daniel Abramson, rate was $4,410, there was a typo of the figure, and it's not $14, 410. Mayor Pro Tem Taylor agreed with Attorney Montes about reading the corrected figures and it was reasonable. Mr. Taylor stated he appreciated the write off of $21,154.68. Also, asked for explanation of the balance due and the wording of "the $15,000 has been transfer to you account" Mr. Montes explained that the first account was the law firm's account and the second`account was Ms. Armenta's account; $15,000 had been transfer to the law firm's account and,Ms\Armenta's account was now paid in full. e V `X Mayor Pro Tern Taylor stated that the city was reimbursing Ms. Armenta for'$15,000 of•one bill, plus a payment of $5,001.96, which was a total $20,001.96. Mr. Taylor'questioned why the staff report stated that the total amount is $25,001.96. Mr. Montes replied that the first payment was on March 20, 2009 in the,amount of $5,000; the balance currently due is $5,001.96, which totals $10,000 and by including the $f5,'bOO that would equal $25,001.96. Mayor Pro Tem Taylor asked who made the first Mr. Montes replied that Council MembecArmenta made the Mayor Pro Tem Taylor asked if.she.had made the $15,000 r 1.i Mr. Montes replied that Ms. Armentamade,the, payments; hl last statement, which ~her attomey said all,totaled to $25;001 Council Member L'ow made a motion of legal fees for Council Member Am Yes: Cla>\Low, Tayl No: None. j Abstain: None Absent: None ,r Recuse: Armenta, Ly for second bill. , her attorney had not given the city, her by Mayor Pro Tern Taylor, to approve the payment resulted in: Council Member Armenta and Council Member Ly reconvene back to the meeting. Mayor Pro Tem Taylor asked that the record show that Ms. Armenta paid $25,000 to the attorneys and the city is reimbursing Ms. Armenta. Rosemead Special City Council Meeting Minutes of June 30, 2009 Page 8 of 9 Council Member Armenta clarified she had paid $20,000 and there was a balance of $5,001.96 due. Mayor Pro Tem Taylor clarified that the reimbursement included the balance due. 4. COMMENTS FROM CITY COUNCIL Council Member Armenta asked staff to bring back for consideration the senior consolidated program item for further discussion. Council Member Ly asked staff look into the six components of the programs and the participation on programs that would be moving to the Garvey Community Center. Also asked staff to research what services would be offered to kids if the city does not consolidated senior programs^". Mayor Pro Tern Taylor asked for a breakdown of the six components and in both centers to obtain a clear picture abs to what is going to be transfer Council Member Armenta asked for a breakdown of the $22,000 cost of the renovations of the Rosemead Community Recreatior Director of Parks & Recreation Montgomery-Scoff stated that as interior renovations to the community center. 5. ADJOURNMENT The special meeting adjourned at 7:25 p.m. The next place on July 14, 2009 at 7:00 p.m. ATTEST: Gloria Molled; City Clerk It Margaret Clark Mayor and their functions Community Center. a prior and the has been $100,000 in is scheduled to take Rosemead Special City Council Meeting Minutes of June 30, 2009 Page 9 of 9