CC - Item 4A - Special Minutes 06-30-09Minutes 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 Armen>a, &uncil°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 Glerk.Hernandez
1. PUBLIC COMMENT FROM THE AUDIENCE
Chester Jung - expressed concern regarding the
Community Center to the Garvey Community Cen
and that many senior citizens were very upset abc
incidents where kids had entered his property and
music could be heard from the eastside of the Cor
being supervised and asked thaYthere.be better a
Council Member Ly agi
programs would not be
the noise problem bei6
around the Center wor
ung about traffic on
programs bemg~moved from the Rosemead
Jung stated that traffic is bad at Garvey Avenue
ating.Also, statedit~ re had been numerous
hhis pool,and backyard. He added that very loud
;Center. MMr :Yung felt that the kids were not
Garvey Avenue; however, stated that the senior
iev~Community Center. Asked staff to look into
at the Rosemdad-Community Center. Mr. Ly added that as for the idle kids
iveloping~a youth and teen program would keep those kids busy.
City
Director of Parks and4
supervise the facility ar
area and on four sides
Mayor Pro Tem Taylor
monitored them.
the council that staff would look into the surveillance of the facility,
eery-Scott stated that staff had been updating the systems to
installed cameras in the Rosemead Community Center's lobby
the cameras showed the south and east side of the building and who
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.lune 30, 2009
Page I o`9
ITEM NO. qA-
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 tthe:in'stallation of the cameras.
Mr. Montgomery-Scott stated he had spoken to Mr. Jung about kids um in thence onto his 9 1 P, 9 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 sheriff's
f
reports. 1,,.: ,/',i A§
Council Member Ly inquired about a comment made by W 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 thd,city's events and he would look further into that
~r
issue.
Council Member Ly stated that,.loud events such as the Chinese Drumming class would be better suited for
the Garvey Community Centdf where there is no large residential area surrounding it. Mr. Ly felt that the
problem at the Rosemead Comm unity,Center-was that classes'that involved noise affected the residents
more. \
Mayor Pro Tem Taylor stated that he did not realize;ttiat 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. Tavlor voted aoainst it.
Mayor Pro Tem Taylor stated 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 Tern 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 MemberLy 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;{o the Rosemead Comm unity;Center to just
hang around; they do not attend any formal event at the cenl[6\~
Jean Hall - informed Council that many concerned seniors telephoned her about programs being moved to
the Garvey Community Center. From conversation's-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 couneilto bringMis.item back f r„„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, es"pecially during the summer time.
Council MemberLy asked_what,the capacity ,in the Garvey.Gommunity Center was.
Mr. Montgomery '-Scott replied it is a,little, over 200'people.
.t Mfr
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 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 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
could be months before anything is resolved. Also, council and staff are
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.
Ms. Navarro also stated that there was an incident v
drive way as the school bus turned the corner at a In
should be some speed bumps on the corner of Angi
fast.
Council Member Armenta st
park adjacent to the schools
Ms. Navarro stated
was referred to the
Mayor Clark
Ms. Navarro agreed witl
education center for the
was
street.
the business; it
issues involving
were supposed
lights was~partbf the
go out to bid`by July or
1-bus: S,he was going out of her
hit her,caar. She suggested there
because bus drivers are going to
usually use wider streets and have to
at a certain.spot. She has complained to the principal and
aedino buses.
into Ms. Navarro's concerns.
he center issues; however; asked that council consider an
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.fo'ur-fifths vote would prohibit,,
approval of any medical marijuana dispensaries: fora peridd.of 45-days. If iftakes'
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 unle'ssafie Court of Appeals
sues a decision immediately following arguments on the'dispensary case, the
matter will not be decided until after thenitial 45-days period'has'ended.
x
Recommendation: That the City Council adopt Interim,Urgency Ordinance No. 877
entitled "An Interim.`Urgency Ordinance the City Councif'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 nee`d,it.
Marlene Shinen`=stated the activities by law ifthe,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 withrout 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 applii
ordinance needs to be updated to reflect these changes
Such factors warrant City Council consideration of an
which would establish a temporary moratorium ow6d
Approval of Ordinance No. 878 by a four-fifths-vote w
adult business applications for a period of 45-days. D
City's ordinance would be updated and presented,to.1
Consideration. If it takes staff and the City Attorney`m
update the ordinance, the City Council has the option
for an additional period of time.
Recommendation: That the City Couri
entitled "An Interim Urgency Ordinance
California
Council Member Low made'a mot
Urgency Ordinance No. 878. Vote
ng a Moratorium on
Ited in:.
3. MATTERS FROM MA'
by Cou
A. Payment of Legal Cost for Council Member Armenta
45-day perio ~i'
ouncil for
the 45-days to
iinq the moratorium
gericy Ordinance No. 878
of the City of Rosemead,
in the City".
Armenta, to adopt Interim
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
legal fees for Council Member Armenta in the Tran v. ArmE
Council Member Armenta and Council Member Ly recuse
Velia Navarro - stated the city should not be held responsible,for paying ft
legal fees. She said Mr. Tran should be responsible for the legal fees since
results. \X,/1
City Attorney Montes stated that there are only tw6mays to recover attorne
statute that provides for the recovering of fees; second, you.have to have a
get attorney fees in the event that there is litigation. Mr} Monts added that
elections and the statutes that deal with elections do no6llowa-council-mE
the challenging party; however, a
Marlene Shinen - stated she sup
John Tran, who had money. She f
incurred by Mr. Tran's lawsuit and
Mayor Pro Tem Tayior asked for,c
$15,000 dollar I
where it stated,-"a
paid in full". '
egarding'the payment of
{at case.
its portion of the meeting.
Council Member:Armente
r,
e challenged t6 e@` 6tion
ales. First, you have to have a
intract that provides that you
)re is no contract dealing with
)e to recover those fees from
a city to pick up the cost
it Woman Armenta for having courage in running against
more of a reason4or somebody to help pay the cost
city irrhelpingsher by paying her legal fees.
6n.on4he billing verbiage of the attachment on the agenda,
has been jr'ansferred 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 la' . irm wrote off. In conversations with Ms. Armenta's attorney, Mr. Hertz
made a business decision to only-charge 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 Tern 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 fof 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 secohd'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. art l'\
Mayor Pro Tern Taylor stated that the city was reimbursing Ms. Armehta#or`$15,000 of one bill, plus a
payment of $5,001.96, which was a total $20,001.96. Mr. TaylorgOestioned 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 ttie 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 Tern Taylor asked who made the first
Mr. Montes replied that Council Member.Armenta made the fir"stpayme f`
Mayor Pro Tern Taylor asked LOO had made the $15,000 payment for second bill.
Mr. Montes replied that Ms. Armenta' nade,the payments; however, her attorney had not given the city, her
last statement, which,her attorney said all iotale&to125,001 96.
Council Member Low made a motion, seconded by Mayor Pro Tem Taylor, to approve the payment
of legal fees for,Council Member Aimenta. Vote'resulted in:
Yes: Clark`; Low, Taylor
No: None"ti`-``
Abstain: None,; f
Absent: None
Recuse: Armenta, Ly
Council Member Armenta and Council Member Ly reconvene back to the meeting.
Mayor Pro Tern 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 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 Member Armenta 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,lst,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
place on July 14, 2009 at 7:00 p.m. 11, -
ATTEST:
Gloria Molleda
City Clerk
is scheduled to take
Margaret Clark
Mayor
Rosemead Special City Council Meeting
Minutes of June 30, 2009
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