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CC - 07-16-81 - Special Meeting• APPROVED CITY OI h05?:RIIEAD DATIE. 7-Q2 MINUTES OF THE SPECIAL MEETING OF THE ROSEMEAD CITY COUNCIL JULY 16, 1981,AT 7:30 P.M. The Special Meeting of the Rosemead City Council was called to order by Mayor Imperial at 7:30 p. m., in the Con- ference Room of City Hall, 8838 E. Valley Boulevard, Rosemead, California. Mayor Imperial stated that the reason that this Meeting was called was because of litigation with the J. H. Hedrick Company and to consider the adoption of an Urgency Moratorium ordinance relating to Condominium and Planned Unit Developments dealing with that litigation. ROLL CALL OF OFFICERS: Present: Councilmen Hunter, Cichy, Taylor, Tury and Mayor Imperial Absent: None Mayor Imperial stated that the Council Meeting would be recessed to an Executive Session. Councilman Taylor requested that the record show that he was told last night that the Council would receive information by approximately 5:00 p. m., tonight to review what was to be considered tonight at the Special Meeting. He requested that the minutes record the Official Notice of this Meeting. It was posted as a moratorium ordinance relating to Condominiums or Planned Unit Developments, and he was not sure what the law may say or if the Council can have an Executive Session at a Special Meeting. He requested that Mr. Watson confirm that right now. He wanted to relate that he had received no information regard- ing this meeting whatsoever. NOTICE OF SPECIAL MEETING - JULY 16, 1981 - 7:30 P. M. Mayor Jay T. Imperial has called a Special Meeting on Thursday, July 16, 1981 at 7:30 p, m., in the Conference Room of Rosemead City Hall, 8838 E. Valley Blvd., Rosemead, California to consider the following item: A SPECIAL'MEETING TO CONSIDER AND TAKE APPROPRIATE ACTION TO ADOPT AN URGENCY MORATORIUM ORDINANCE RELATING TO CONDOMINIUM OR PLANNED UNIT DEVELOPMENTS. J vs IMP ~ OR Attorney, Glen Watson, 333 So. op treet, Los Angeles, stated that a closed session, formally called an Executive Session can be called at any meeting including a special meeting, but it is true that the purpose of the meeting related to the moratorium and the reason that he felt that the Council could properly go into a closed session to consider that moratorium because it is-:involved in litigation and the litigation was not the purpose of the call of the Meeting but the litigation is involved in the call of the Meet- ing. He did not feel that the Council could talk about the mora- torium effectively unless they discussed its effect on litigation. Mayor Imperial inquired if there was any Councilman that had a problem with that explanation, They all commented that did not. The City Council. recessed to an Executive Session, The City.Council reconvened from the Executive Session. Special Meeting Page #1 Attorney Glen R. Watson stated that in the Executive Session the City Council.considered the implications of this proposed mora- torium ordinance with respect to lititgation with Hedrick and there- fore litigation was discussed and the handling of litigation and its application to this ordinance. Councilman Taylor stated that after reviewing the Ordinance during the Executive Session, he felt that the 1st Section of the proposed ordinance which states this will apply to all residential condominiums, no permits of foundation, plumbing, electrical, mechanical or building permits or authorization for other permit allowing constructions of such projects, etc.,should not be imposed on all projects within the City and only on the one that the City is having specific concerns with. He did not feel that the other projects should be effected. Councilman Tury inquired of John Carmona, Planning Director, how many projects are at the point of receiving Building Permits. John Carmona stated that there will "probably be two projects that will be effected by this. There is one project on Marshall and one on New. The project on New Avenue is a 16 unit project and is requesting a six month extension at the Planning Commission Meeting next Monday night. Mayor Imperial stated that in order for the ordinance to be effect the lst Section should be left as is. Councilman Hunter stated that this is for only a four month duration and that should not hamper anyone. Glen Watson, Attorney, stated that a moratorium ordinance has to be of general application. If the Council is not willing to make it a general application to condominiums and planned units developments which might apply forl;_permits during the duration of the ordinance the'.:City Council should not adopt it. It is not directed to any specific property and it should not be directed to any specific property. It has to be left this way in order to put a hold on things while you study the resolution of these types of problems. The following Ordinance was presented for Adoption: ORDINANCE NO. 533 AN ORDINANCE OF THE CITY COUNCIL OF CITY-OF ROSEMEAD ESTABLISH-I'NG A MORATORIUM ON CONSTRUCTION OR DEVELOPMENT OF RESIDENTIAL CONDOMINIUMS AND PLANNED DEVELOPMENT- PROJECTS AND DECLARING THE URGENCY THEREOF MOTION BY COUNCILMAN TURY, SECONDED BY COUNCILMAN CICHY that the reading in ;full be waived. Vote resulted "UPON ROLL CALL ALL COUNCI'LMEMBERS PRESENT VOTED AYE. The Mayor declared said-motion duly carried and so ordered. MOTION BY-COUNCILMAN HUNTER, SECONDED BY COUNCILMAN CICHY that Ordinance No. 533 be adopted. Vote resulted: AYES': Councilmen, Hunter, Cichy, Tury and Mayor Imperial "NAYES: Councilman Taylor ABSENT: None ABSTAIN: None Whereupon the Mayor declared said motion duly carried and so ordered. Mayor Imperial. directed the City Clerk to post a Notice for a. Special Meeting for. Tuesday, July. 2l, 1981 at 7;0.0. pt m., for the purpose to reconsider and take the appropriate action regarding Tentative Tract Map #38455 and any action necessary regarding the pending litigation with Hedricks Company. . There being no further business to discuss regarding the Special•Meeting it was adjourned, APPROVED: Respectfully submitted: Special Meeting MAYOR City C1 k Page #2