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CC - 06-30-09 - SpecialMinutes of the SPECIAL 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, Council Member 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 pool and 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 that there be better control. 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 Rosemead Community Center. Mr. Ly added that as for the idle kids around the Center, working in developing 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 City had installed cameras in the Rosemead Community Center's lobby area and on four sides around the building. Mayor Pro Tern Taylor asked if 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 ofJune 30, 2009 Page 1 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 concern 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 sheriff's 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 the installation 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 out in his property. Staff called the sheriffs and since then there has not been any other similar incidents. City Manager Allred stated that staff would provide council the information requested regarding the sheriffs 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. Mr. Montgomery-Scott stated it was probably one of the city's events and he would look further into that issue. Council Member Ly stated that loud events such as the Chinese Drumming class would be better suited for the Garvey Community Center where there is no large residential area surrounding it. Mr. Ly felt that the problem at the Rosemead Community Center was that classes that involved noise affected the residents more. Mayor Pro Tem Taylor stated that he did not realize that all senior programs were being moved to the Garvey Community Center and that the use of the Rosemead Community Center was being changed. Mayor Clark explained that council voted on the senior programs, which was included as part of the budget; however, she and Mr. Taylor voted against it. Mayor Pro Tem 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 was 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 an 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 teens 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 Member Armenta stated she had worked in the community center and during events security guards were outside patrolling. She added that if they were not, that was a problem and it needed to be look into. Assistant City Manager Hawkesworth clarified that the teenagers wandering outside the center were usually dropped off at the library by their parents and wondered to the Rosemead Community Center to just hang around; they do not attend any formal event at the center. Jean Hall - informed Council that many concerned seniors telephoned her about programs being moved to the Garvey Community Center. From conversations that have been addressed, people are not being involved and attending City Council meetings. Ms. Hall expressed that people are getting paranoid because the scenario has gotten them upset and asked council to bring this item back for further discussion and allow people to express their opinions on the issue. Ruby Ratteree - stated she opposed the merging of the two lunch programs and felt there was not enough parking at the Garvey Community Center. Also, felt that the youth needed more supervision and asked that the noise be controlled from the Rosemead Community Center, especially during the summer time. Council Member Ly asked what the capacity in the Garvey Community Center was Mr. Montgomery-Scott replied it is a little over 200 people. Council Member Ly stated that if there are about 160 people in the lunch program, there were about 40 spaces for growth. Alice Ward - expressed concern about 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 MemberLy 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 inclosed 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 of all the issues involving the slaughter house. Ms. Navarro inquired about the flashing lights on Angelus Avenue and Rush Street, which were supposed to be installed. Director of Public Works Marcarello assured council that the installation of flashing lights was part of the city's capital improvement projects for this year; hopes for conceptual designs and go out to bid by July or August. Ms. Navarro also stated that there was an incident which involved a school bus. She was going out of her drive way as the school bus turned the corner at a high speed and almost hit her car. She suggested there should be some speed bumps on the corner of Angelus and Rush Street, because bus drivers are going to fast. Council Member Armenta stated she was concerned because buses usually use wider streets and have to park adjacent to the schools and not across the street. Ms. Navarro stated that students get picked up at a certain spot. She has complained 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 past 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. Given the federal government's intent to make marijuana enforcement a low priority and the potential legal issues from the California Court of Appeals, it would be prudent that City Council consider adopting an interim urgency ordinance which would establish a moratorium on medical marijuana dispensaries in the City of Rosemead. Approval of Ordinance No 877 by a four-fifths vote would prohibit approval of any medical marijuana dispensaries for a period of 45-days. If it takes staff and the City Attorney more than 45-days to update the ordinance, the City Council has the option of extending the moratorium for an additional period of time. It is likely that this will be the case, because unless the Court of Appeals issues a decision immediately following arguments on the dispensary case, the matter will not be decided until after the initial 45-days period has ended. Recommendation: That the City Council adopt Interim Urgency Ordinance No. 877 entitled "An Interim Urgency Ordinance the City Council of the City of Rosemead, California, establishing a Moratorium on Medical Marijuana Dispensaries in the City". Velia Navarro - Stated she was opposed to the medical marijuana dispensaries. Felt that this should be provided by doctor offices to those that need it. Marlene Shinen - stated the activities by law if the city invites, allows, and permits would affect the peace, safety, welfare and quality of life. Expressed that past Rosemead city councils took steps to what is high value and is now placed her on heightened alert. Ms. Shinen asked council to place a moratorium on the proliferation of medical marijuana dispensaries and adult business in Rosemead. She explained that the youth is seeking leadership, guidance, and boundaries and not behavior leading to illegal activity. Ms. Shinen proceeded to state a quote, "how can it be said as often as it is that moral order is second to liberty, when one cannot survive one with out the other'. She distributed a book called, Liberty and Tyranny, to each council member. 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, the City's ordinance needs to be updated to reflect these changes in law. Such factors warrant City Council consideration of an interim urgency ordinance which would establish a temporary moratorium on adult businesses in Rosemead. Approval of Ordinance No. 878 by a four-fifths vote would prohibit approval of 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 City Council for 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. Recommendation: That the City Council adopt Interim Urgency Ordinance No. 878 entitled "An Interim Urgency Ordinance of the City Council of the City of Rosemead, California, establishing a Moratorium on Adult Businesses in the City". Council Member Low made a motion, 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 Armenta'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 portion of the meeting. Velia Navarro - stated the city should not be held responsible for paying for Council Member Armenta's legal fees. She said Mr. Tran should be responsible for the legal fees since he challenged the election results. 11 City Attorney Montes stated that there are only two ways to recover attorney fees. First, you have to have a statute that provides for the recovering of fees; second, you have to have a contract that provides that you get attorney fees in the event that there is litigation. Mr. Montes added that there is no contract dealing with elections and the statutes that deal with elections do not allow a council member to recover those fees from the challenging party; however, a section of the government code, authorizes a city to pick up the cost. Marlene Shinen - stated she supported Council Woman Armenta for having courage in running against John Tran, who had money. She felt that it was more of a reason for somebody to help pay the cost incurred by Mr. Tran's lawsuit and supports the city in helping her by paying her legal fees. Mayor Pro Tern Taylor asked for clarification on the billing verbiage of the attachment on the agenda, where it stated, "a $15,000 dollar balance has been transferred to our account and your account has been paid in full". 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 charge her $25,001.96. Mayor Pro Tern 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 regarding 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 transferred 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. 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 $15,000 that would equal $25,001.96. Mayor Pro Tem Taylor asked who made the first payment of $5,000. Mr. Montes replied that Council Member Armenta made the first payment. Mayor Pro Tem Taylor asked if she had made the $15,000 payment for second bill. Mr. Montes replied that Ms. Armenta made the payments; however, her attorney had not given the city, her last statement, which her attorney said all totaled to $25,001.96. Council Member Low made a motion, seconded by Mayor Pro Tem Taylor, to approve the payment of legal fees for Council Member Armenta. Vote resulted in: Yes: Clark, Low, Taylor No: None Abstain: None Absent: None Recuse: Armenta, Ly 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 MemberArmenta 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 consolidate senior programs. Mayor Pro Tem Taylor asked for a breakdown of the six components and all the classes and their functions in both centers to obtain a clear picture as to what is going to be transferred to Garvey Community Center. Council MemberArmenta asked for a breakdown of the $22,000 savings from a prior discussion and the cost of the renovations of the Rosemead Community Recreation Center. Director of Parks & Recreation Montgomery-Scott stated that as of last year there has been $100,000 in interior renovations to the community center. 5. ADJOURNMENT The special meeting adjourned at 7:25 p.m. The next regular City Council meeting is scheduled to take place on July 14, 2009 at 7:00 p.m. Margaret CIA Mayor ATTEST:. 'b&a Uv - Gloria Molleda City Clerk Rosemead Special City Council Meeting Minutes of June 30, 2009 Page 9 of 9 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD 1 I, Gloria Molleda, City Clerk for the City of Rosemead, do hereby certify that the Special Meeting Minutes of June 30, 2009 was duly and regularly approved by the Rosemead City Council on the 11 `h of August 2009, by the following vote to wit: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Gloria Molleda City Clerk