CC - Agenda - 06/30/09Public Comment from the Audience
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Rosemead
City Council
SPECIAL MEETING
AGENDA
June 30, 2009
6:00 PM
Rosemead City Council Chamber
8838 E. Valley Blvd., Rosemead, California 91770
www.cityofrosemead.org
Margaret Clark, Mayor
Gary Taylor, Mayor Pro Tem
Sandra Armenta, Council Member
Polly Low, Council Member
Steven Ly, Council Member
ROSEMEAD CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2009
• CALL TO ORDER - 6:00 PM
• PLEDGE OF ALLEGIANCE -Council Member Armenta
• INVOCATION -Council Member Low
• ROLL CALL - Mayor Clark, Mayor Pro Tern Taylor, Council Members Armenta, Low, Ly
1. PUBLIC COMMENT FROM THE AUDIENCE
2. MATTERS FROM CITY MANAGER & STAFF
A. Interim Urgency Ordinance 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 feral 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-dyas. 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-day period has ended.
Recommendation: That the City Council adopt Interim Urgency Ordinance No. 877
entitled "An Interim Urgency Ordinance.of the City Council of the City of Rosemead,
California, establishing a Moratorium on Medical Marijuana Dispensaries in the City"
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ROSEMEAD CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2009
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".
3. MATTERS FROM MAYOR & CITY COUNCIL
A. Payment of Legal Costs 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
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.
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ROSEMEAD CITY COUNCIL SPECIAL MEETING AGENDA June 30, 2009
Recommendation: That the City Council provide direction regarding the payment of
legal fees for Council Member Armenta in the Tran v. Armenta case.
4. COMMENTS FROM CITY COUNCIL
5. ADJOURNMENT
The next regular City Council meeting is scheduled to take place on July 14, 2009 at 7:00
p.m.
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