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CC - Item 6A - Minutes 01-26-10Minutes of the JOINT CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING January 26, 2010 The regular meeting of the Rosemead City Council and Community Devel(, order by Mayor Clark at 6:02 p.m, in the Rosemead City Council Chamber Boulevard, Rosemead, California. A FLAG SALUTE: Council Member/Commissioner Ly INVOCATION: Mayor/Chairwoman Clark PRESENT: Mayor/Chairwoman Clark, Mayor Pro Tem/Vice Armenta, Council Member/Commissioner Low, and Council STAFF PRESENT: City Manager Allred, Assist sx Community Development Director Wong, Direct(, Montgomery-Scott, Economic Development Adn Public Works Director Marcarello, and City Clerk 1. PUBLIC COMMENTS None 2. Claims Manager Hawke!~ ance Brisco, Di e tRamirez. Public ;ion was called to East Valley Council P ,ioner Ly. Interim City Attorney Monies, Parks and Recreation s Manager Flores, Deputy 10-06K Adopt Resolution No. 2010 - 06 for payment of Commission amount of $14,617.00 demand nos. 11221 through 11224. Commissioner/Council Member Polly Low made a motion, seconded by Commissioner/Council Member Steven Ly to approve Commission Consent Calendar. Vote resulted in: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 26, 2010 ITEOM NO. I a . Page 1 of 17 3. MATTERS FROM CITY MANAGER & STAFF A. Reinstatement of Eminent Domain Authority Over Non-Residential Properties in Redevelopment Project Area No.1 The Commission will consider the engagement of a consulting firm, GRC Associates, to initiate the reinstatement of eminent domain authority for non-residential properties in Redevelopment Project Area No. 1. Proposals have been solicited from professional consulting firms to do this work. Based on its low cost bid and previous relevant experience;•GRC Associates has been selected to perform Redevelopment Plan Amendment work.onn this project. Recommendation: That the Commission: 1. Authorize the Executive Director,to.execute a professional services agreement with GRC Associates.in the amount of $45,000 for the amendment to the Redevelopment Plan for Project Area No °1. }`A '1 ~ fry 2. Establish a contingency of approximately? 0° of the contract amount to cover potential unforeseen costs associat4with the Redevelopment Plan Amendment. Economic Development Administrator Michelle Ramirez reviewed the staff report. Council Member Polly Low asked-why it took so the project was established,in'P1972? The tax incre the tax increment collection if established in 1986. Mrs. Ramirez responded°tliet the City was allowed:to collect.the tax increment as soon as it was filed with the County of Los Angeles. S4added that in.the-;198~6 the limit of how much the City was going to collect in tax increment was established v\ `r` CommissionerlCouncilfM tuber Steven Ly made a motion, seconded by Commissioner/Council Member. Sandra Armenta tolawrove Commission Consent Calendar. Vote resulted in: Armenta, Clark, Low, Ly City Attorney Joseph Montes asked that City Council recess to Closed Session regarding the listed item. Mr Montes announced that additionally subsequently to the posting of the agenda an item pertaining to initiation of litigation had come up that needed to be discussed in Closed Session. He asked that Council vote to include this item for discussion in Closed Session.: Commissioner/Council Member Steven Ly made a motion, seconded by Commiss ionerlCouncil Member Sandra Armenta to add the additional item to Closed Session. Vote resulted in: Rosemead Community Development Commission and' City Council Joint Meeting Minutes of January 26, 2010 Page 2 of 17 Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None City Council recessed to Closed Session at 6:10 p.m. 4. CLOSED SESSION A. Conference with Legal Counsel. 1) Government Code 54956.9(a): Conference with Legal Counsel - Exist Name of Case: Haro v. City of R,,osseeme City Council Meeting Agendia The regular meeting of the Rosemead City Council was called to Rosemead City Council Chamber located at 883Hast Valley Bc FLAG SALUTE: Council Member Ly INVOCATION: Mayor Clark PRESENT: Mayor Clarke Council Member Ly. STAFF PRESEN~TL~CityhMe Com mun itv,OeveloomenfsD and City ClerkkMMolleda N Council reconvened back from V "X there was no reportable action 5. PRESENTATIONS Mayor Clark at 7:05 p.m. in the Rosemead, California. Pro Tem Taylor CouncihMember Armenta, Council Member Low, and JA A fre arks llred, Assistant~Gity"~Manager Hawkesworth, City Attorney Montes, or Wong. Director of Finance Brisco, Director of Parks and Recreation evelopmentAdministrator Ramirez, Deputy Public Works Director Marcarello, I session at 7:05 p.m. City Attorney Joseph Montes announced that in Closed Session. Certificate of Recognition to Elizabeth Lyons for her participation in the USA Track and Field Junior Olympics Cross Country National Championships. Mayor Margaret Clark read the certificate of recognition to Elizabeth Lyons and added that she was very proud of her and the fact that she is a Rosemead resident. The City Council took pictures with Ms. Lyons. Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 26, 2010 Page 3 of 17 6. PUBLIC COMMENTS FROM THE AUDIENCE Chuck Lyons - thanked the City of Rosemead for recognizing the youth; he announced that there is now a link on the City's website called, "Celebrating Rosemead's Youth". Mr. Lyons stated that perhaps in a future Council meeting in the Council Chamber he can present a PowerPoint with pictures of the Reno race, which was held during a blizzard. He added that the weather was about 25 degrees and there was about 2 feet of snow on the grown; when the runners ran by there was snow on their chins, noses, eyelashes and foreheads. 7. PUBLIC HEARING A. Municipal Code Amendment 09.03, Amending Chapt&-17,12 of Title 17 of the City of Rosemead Municipal Code Relating to the Amortization oUNonconforming Poultry Slaughter Businesses 4r ti. The City Council has directed actions towards the elimination of poultry slaughter business operations within the City. Accord ingly,,staffand the Cit ,Attorney drafted an„ fdinance to amortize poultry slaughter businesses in the Cit, ,within,threeM(3) years from thb,effective date of this Ordinance. On December 712009, the Planning Commission considered the draft Ordinance and recommended a change in the amortization period from the initial recommendation of three (3) years~to less than one (1)°year. At this point, the City Council has`optionafalternative amorti2ation periods to choose from. They include but are not limited to-* yk, 1. Staff recommendation of three'(3)'years. 2. Planning Commission recommendation of less than one (1) year (December 31, 2010). 3 Such otli~eramortization period as the(Council deems appropriate based upon legal advice and the public. heannq.=)-,, As an addition to any~amortization period contained within the Ordinance, staff and the City Attorney haWp repared~'provisiion that could be inserted into the Ordinance at the Council's discretion, which would create an application and hearing procedure for any affected business that believes it cannot meef the amortization period. E fix: 4 Should the Council wish to modify the amortization period, or add any provision concerning an AC"J application for extension of the amortization period, those changes would need to be incorporatedjnto any motion to introduce the Ordinance for first reading. Recommendation: That the City Council determine whether to adopt an ordinance and any modifications thereto; and, if so, approve the negative declaration and introduce Ordinance No. 883 for first reading amending Chapter 17.12 of Title 17 of the City of Rosemead Municipal Code relating to the amortization of nonconforming poultry slaughter businesses. Rosemead Community Development Commission and, City Council Joint Meeting Minutes of January 26, 2010 Page 4 of 17 City Attorney Joseph Monies announced that the recommendation on the agenda needed to be revised. Staff has discovered in reviewing the record in preparation for tonight's hearing that although notice of the public hearing for the planning commission (when the planning commission saw this item) was sent to the newspaper for some reason that notice wasn't actually published by the newspaper, consequently this matter needs to be referred back to the planning commission. We recognize that will necessitate further public hearings before the planning commission and then another public hearing before the City Council and we also recognize that several people have come out to speak tonight; in light of that recognition we do not want to discourage anybody who wants to speak this evening. But we do want to indicate to you that there will be other opportunities to speak on this item, so you can either speak tonight or you cancspeak at one of the subsequent nights that this is discussed or you can speak you can speak at<all of those occasions if you want. If you speak tonight you will not be prohibited from speaking againcata` ubsequent meeting. Public testimony will be taken tonight and no action can be taken by the Council otherthan to continue the public hearing so that the matter can go back to the planning commission, O,u recommendet on will be to open the hearing, taken testimony from whoever wants to give testimony this evening, and the 'take no further action other than to continue the hearing to a date uncertain so we!can re-notice this public heanng,for the City Council after the planning commission has had a chancetto conduct thoNhearing. Additionalliif'the'Council has any modifications to the ordinance that they have befo a them this evening that you woufdl like the planning commission to consider; the Council Members should'6k,e the t direction to staff at the conclusion of this item this evening. If there are any questions I'd be happy to answer them otherwise staff has a brief staff report; also given the number of speakers thisie e.ning there is a 3 mihute,speaking limit. Mayor Margaret Clark asked Planning Commissi had just stated because she wanted to make sure action tonight due to the glitch thatioccurred with tl Mrs. Eng began to Council Member Polly Low Senior Clark at 7:21. p.m. if she could 4ranslate what the attorney iew„thafCouncil would not be taken any Low if she could continue translating. WWI nting Cal Poultry; stated (the following statement is verbatim): I would like to Colin Lennard~; Attorney represe speak in a brief while,and then introduce Dana Phu to make a short presentation as well as the next speaker. We are very very disappointed that the City Council has chosen to essentially consider going ahead with this ordinance. We're disappointed'because we have made what we believe a very fair and reasonable offer to the City Council; the offer" specifically was that we would provide you with a list of order consultants and there are consultants out there hat deal specifically with order control. That we would get that list to you, a number of major firms, and that if you wanted to add or suggest which ones you wanted we would be willing to take that. We also said that we would have the odor consultant prepare a report and a recommendation of specific items that my clients needed to do to mitigate/prevent order. We would then provide that report back to you, at which time you could make any reasonable changes you thought were necessary on behalf of the city and that we would abbey by them. We would then implement what the odor consultant recommended; Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 26, 2010 Page 5 of 17 we would hope that that would be done between 60 and 90 days. We also agree on a parallel track to sit down with your city staff in connection with possible or potential relocation of the business; we understand that the City Council has rejected that offer out of hand. We believe that you are really preventing our client from addressing the real issue and the real issue is order. We know that there been a series of other alleged violations; there is no outstanding violation as of now. The 206 issue with respect to the wall and the entrance between the suggested retail has now been fixed; there is no entrance there whatsoever. The (inaudible) has been taken care of and the report to the planning commission by the staff referencing the County Health and the violations there, our client has explained to the city on a number of occasions that the County Health does not have any jurisdiction in this matter. In fact the agency-thatt.does has jurisdiction, which the State Department of Food and Agriculture, which is out at that facility' perhaps every day and at least once a week, have never found any violations whatsoever. As I said-before, my client has been prevented from trying to correct these issues. In October of 2006, Mr?,duan Phu :wrote a letter to the City suggesting that, not suggesting, actually committing to putting in the necessary odor controls that would mitigate the odor. Putting on a new roof, putting on 'a ventilationsystem putting on a new cooling system and also addressing the appearance of the property; those were dejected by the City. Rejected ben use of the fact that that would enlarge the use of the lean. Non-conforming use ordinance which wasmt ever in existence because it didn't have due process clause in it so tdon,t see how,,that could have been rejected at that time. In addition to it, after that was rejected, in 2008 my clidhl§ come before this City Council and suggested that in order to provide the corrections of the necessary, forthe odor control that they be brought to specific use, in other words, not being a non-conforming use anymore but'being a committed use and then committing to putting in the necessary odor controls; in fact, staff in a report tb4helplanning commission, which approved the idea, of taking them out of non,confomance status, was.then recommended to the City Council that the adopt that proposed ordinance allow,iiing to put'in the necessary odor controls and mitigate the one issue that needed corrrection.tiIn 2009, by the4way l should add,'6n the second reading of the ordinance the City Council decided:they,would not adopt it, in 20009:what happens, the exact opposite, you get a staff report that was 360 degrees the opposite of the original staff report that recommended that the City put my clients out of bu"sihess.Then it1goes to the City Planning Commission, the planning commission then adopts a one year non-conformance use amortization period which in no way would stand up before any court. It comes back jbefore this`Citty Council•with `a`staff1eport again 360 degrees different than that which the staff report iaas in62008*In other words, you had my client on an absolute rollercoaster. You've had them on a rolllerco`aster from approving to disapproving; you've not allowed them to make the necessary changes that would correct the problem a6d now you take up this ordinance, which I suggest to you, will not solve any issue whatsoever. Because I don%think any of you can expect my client, if you adopt this ordinance, to extend an enormous amount of money in capital in correcting the order problem when you are going to put them out of business in 3 years. No sensible business person is going to do that; the only thing that this ordinance is going to'do4.if in fact:y'ou adopt it, is to commit the City to a very expensive and lengthy piece of litigation. Which I don'tibelievens in the interest of_the City or in the interest of the community. It's really incredible in these difficult economic times and inconceivable that the City would terminate a successful ongoing business causing all of its employees to become all of a sudden unemployed without at least finding out whether in fact the business can operate, correct the odor problem, and become and remain part of this business community, which it has done since 1990.''That's a long time to be in this community and it's a long time until 2006 until everything was exploding in terms of the alleged violations. I would suggest let Mr. and Mrs. Phu have an opportunity to correct the problem and therefore save their business and become part of this community again, thank you. Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 26, 2010 Page 6 of 17 Dana Phu - owner of Cal Poultry stated she wanted to share a little bit of her story with them; her husband and she came to the U.S. in 1982, they came to the City of Rosemead and they both attended the Rosemead School District. She stated that the main reason why they started this business was because their family throughout two thousand five hundred years they have to have once a year a uniform chicken; a wholesome chicken with feet and head attached. That represents a unity in the family just like Thanksgiving time where there is a turkey. She added that when they came here they couldn't find that kind of service to their people, their community, and their religion. Mrs. Phu added that throughout the years they have had a lot of support from the community that tells them that this is what they need because it symbolizes unity to family. She explained that they employed 15 people, of which some, have been with them,for more than 10 years and if fr w Cal Poultry is closed it is going to be very difficult for them to find another job;jdue to the economic times. Mrs. Phu stated that a lot of her customers where concern that the busine"sswould be closed because it is part of their culture, their family, and their unity. She stated that since,2006 they have been submitting a lot of requests to let them fix the problems but they have been rejected._ c;. Council Member Steven Ly stated that he was very offended'that there were signs in t "minority hater"; he stated he was not a minority hater butfan`iAmerican'that was here to of Rosemead and the City of Rosemead. V mot, Mrs. Phu stated that those signs were from the community and not`from.l Mayor Margaret Clark stated that there would lie Wmore,applause dur hearing could be discontinued because no action'woultl'be'taken tonight She asked that the audience be respectful to the various speakers and. ience that say, Itthe residents She added that the it would be coming back again. without any applause or booing. Phyllis Tury - read two paragraphs of,city staff reports `the first oneiwas from the staff report when Cal Poultry was first cominglnirto the City; she then read a paragraph of an impact agreement signed by Mr. Phu. Mrs. Tury stated that the b'usiness' parking lot is not only aparking lot but also a loading dock. She stated that 3'/2 years ago her neighbors, and• `she'started complaining because they couldn't stand the odor; she added that the odor, was not the onlyiss e`She is at d;that the traffic backs upon Garvey and cars try to go around the cars"'that•are.waiting to turmiinto the parking lot that is being use to unload chickens. She stated that she has given a lot of pictures overthe,last few months; she addressed a specific one that showed two squashed: hickens laying on t*,sidewalkkjwhich is assessable to any child walking by. Mrs. Tury stated that \1 HA the chickens'llaid there for 2 days'and on the 3rd day her friend took a picture of them. She then addressed a second picture;ttiat showed live chickens in cages with the exception of one dead one. Mrs. Tury added that they were not trying to be unreasonable but that there were certainly problems, which they were complaining about. Mrs. Tury held up,,picturreesgfor the audience to see. Adolfo Ponce - stated ttiafihis main concern was that they were dealing with an owner of a business that has total disregard for the community; the reason why they are addressing this issue now is because they brought it to the forefront. He stated that it has taken time for them to actually get to speak on this item, violation after violation, and added that they were not being unreasonable Mr. Ponce stated that business are asked to leave certain cities because they are nuisance to that community; they become and outgrow that facility. He stated it was sad that the owner had Idbring up ethnicity and religion; he said he was a minority and he asked that Council please concentrate on the real issue, which is that the owner has been violating the residents' right for a healthy life in this community. Rosemead Community Development Commission and City Council Joint Meeting ; Minutes of January 26, 2010 Page 7 of 17 Marisa Lam - stated that for as long as she has lived, her and her family have been a loyal customer of Cal Poultry because they have provided their family to.put a fresh poultry on their table. She added that as a practice their family would offer the sacrifice of the poultry to worship their ancestors as a sign of respect. Ms. Lam added that if anything happened to Cal Poultry her family would be greatly affected and that she was disappointed to hear that Council would not be giving the business an opportunity to clean up their facilities. Ken Vong - stated that he believed he lived in a world where everyone tries to change who you are and that the best thing was to stay true to yourself. Mr. Vong stated that he has lived in,Rosemead for 5 or 6 years and felt that the City was not adapting to its people but felt that s the minority tt ey had to adapt to Rosemead. He stated that he knew times were rough and that shutting down a business,thhat.has been in Rosemead for over 20 years was going to give a wrong message to kids; that dreams come`lrbe bust they fall apart. He added that he was very disappointed that the City of Rosemead was n`ot recognizing a.business that caters to the people of Rosemead. /Z XIN San Voong - stated that based on the economics he.hears m,the fe government are trying to keep small business in place and hearing i of that was daunting to him. He added that Cal Poultry paid their ta, stated they have attempted to address the odor issue. Mr. Voong a was in the same order of the federal and stateZgovernment and that going to do a service to the community. V<, Vince Voong - stated that America was based on' in Rosemead where he could qet=fresh chicken. He not being allowed to do so a Voong stated that people'tal fix the problem. He state"dltl are willing to make changes Mayor Margpret Clark~tate Polly Sandy Ho - i chat the accomf )melt and that L me was paying be no ,government and'the state e .City was trying to7do the opposite id based on what their attorney had that he did not think that the city no down a small business is not icy; h dded,thal Cal Poultry was the only place f they were willing to fix the odor they why are they ment would be by closing down the business. Mr. ngeles was basically polluted but they are able to sand providing services to the community and tto make a change, that is not justice. and if it continued the public hearing would end. here for the American dream to build their life for their families. She stated that all th6~people here weire'part of a family; what they do is have dinner and have chickens, chickens and heads and feetStie stated.,that her grandparents and ancestors prefer the head and feet of the chickens Y, ti II and they couldn't get that in,an%lbertson's or other grocery stores. She stated that they were going to lose part of their culture because some people didn't like the heads and feet. She stated that when her grandparents died she hoped to have a chicken with the head and feet for them; she added that as part of their culture during Asian holidays they would place a whole chicken on an alter as part of an offering Lam Bui - stated his family and his in-laws have visited Cal Poultry since they opened; he stated this was a disservice to the surrounding cities because there are no other businesses around here that sell these products and provide these services to the community. He stated that the City can certainly do something here to sanitize the Cal Poultry business and he urged the City to allow the business to stay in Rosemead and find a solution for everyone. Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 26, 2010 Page 8 of 17 Justin Lee - stated that the significant of this store was not only that they provided a rare product but for the Asian community his fresh poultry was part of his culture, a tradition, and part of religion. He stated that shutting down a small business was not the solution in a very slow economy; the violations can easily be fixed and if we know this why don't we let them fix it. He added that what was at stake here was a family run business that was being run out for providing a valuable product that serves the community. He reiterated that closing the business was not the solution and asked that they be allowed to solve that problem so that they can strive within the community. Vincent Lieu - stated he supported Cal Poultry and hoped that the Council work-with the Cal Poultry owner to not close them down; this can cause a lawsuit and cost the City a lot of money. Joyce Limones - stated she was Indian-American and you didn't see e crying bout her culture; she said her mother was full blooded and she had come to Rosemead to adapt to1\the world`nd adapt to changes. She stated she knew Americans were trying to protect the safety,of health and trying•to keep the City clean, it's not about tradition. She stated that she and her mother,have adapted to live happily. She added that she remembered when there were farmers in Rosemead anyd:it was full of farms but they had moved-out because this had become a city. She stated this was not about race but,rather about,health safety and,that she would like to see a solution for both sides. ' t.: z' `!Ar Patricia Villaroez- stated that her family hadsino purchase a home that was on an M-1 zone (residE back and in 1977 they resurrected their business` they were living next to the 605 freeway; the area farm was and from there on woke-up to that smell. were not living next to this business and\consegUE have barbeques because',the r She stated that she understo'o( however, instead of moving to',, ramifications th&business was Frank Yeh Director of the C only a busihessman; he adde years and'did not think it was He stated thahhe\suggested 1 lawsuit; this will only cost the to Rosemead in~196,6 and her parents dream was to land light manufa`cture),and have a business in the d'that around 1991~they suddenly woke up as if Jalley aand-the.Pomona freeway were the duck ed she appreciated everyone's issue but they family life was impacted; they no longer could went outside ner had a bu: should have smell was like if they lived next to a sewer plant ~ss,that was well accepted in their culture; yed in Rosemead to fully understand the h committee stated that he knew Mr. Phu and he was not he did,ndt. nderstand why this business had become an issue after 20 close down his business when there are ways to mitigate these issues. iuncil find commend grown and solutions and not lead the City into a Brian Lewin - stated he'h ad-miz feeling about this issue himself; he stated that as someone that worked with in environmental field andion code matters he found Cal Poultry's violations disturbing, as well as the odor issue. He stated that on"the other hand Cal Poultry was a local thriving business and it serves many Rosemead residents and people from the surrounding cities and contributes to the City's tax pays. Mr. Lewin stated that the problems needed to be addressed but sometimes it mattered how you did things or if you did it. He stated that by passing this ordinance it would address most of the issue; however, it will make other their customers very unhappy, and may expose the City-'to an expensive lawsuit that it may or may not win. Mr. Lewin stated that Council should be careful as to what message they would be sending if this ordinance is approve because the City had not been very successful at attracting commercial developments for several Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 26, 2010 Page 9 of 17 decades. He stated that Council should develop a.plan and if Cal Poultry could not comply with it then the City should invoke amortization but that he thought the City should work with them. Augie Gorbea - thanked the Mayor for allowing him to speak and thanked Council Member Ly for recognizing that we have communities full of diversity. Mr. Gorvia stated that he has been a customer of Cal Poultry for 7 years and that he was Puerto Rican and liked fresh chicken. He added that Cal Poultry has served his community excellently for over 20 years and are willing to follow the City's requests; it doesn't make since to close a thriving business. Julie Gentry - stated that thirty-three thousand Asians didn't strike her as being a minority; she added that she was allowed to speak on this issue because there were a lot of freedoms; such as, freedom to speech, freedom to vote, along with many other freedoms but that with that freedom came 'a lot of responsibility. She added that we had a responsibility to be good neighbors and that this particular business had not been a good neighbor. There been health and code violations after violation`s=an°d her list only went back to 2003; she added that the business had many opportunities to fix these issues and had not. Jean Hall - stated that the business has had many opportuniti6%,Just lik'eJthad been previously mentioned, to take care of their non-conformance and we have been throughpany City leaders over the years and sometimes it's okay but now we are at a different place: Mrs. Hall added that what everyone was there for this night is to pass this item down because Council could not do anything,at this time. She stated that this had to do with the fact that a slaughter poultry business-had no place in a,dehsity,,populated neighborhood and that should be the only thing that should be discussed because this had nothing to do with people's cultures or anything else. Mrs. Hall stated that perhaps the Council'could.go through the process of exploring other options and perhaps using•thei `Redevelopment,powers that are in'their disposal. Juan Nunez - stated thathe understoodkthat the poultry'was used as part of people's religion and culture but that the City was now in i-different culture; he added thatwhere he came from they use to kill the animals and gut them out in their front•yard and now herein Rosemead he doesn't do that because he has come into a different culture7H&added that he;couldmotcontih^u~&with his customs because they might offend other people. f~ y sX~ LindlwHari~-stated she knew the,owners`of Cal Poultry and she understood that the neighbors were sensitive ti .th smell and asked f'they could imagine working in it. She added that the people there worked very hard and the,issues were not personal but it was the way that the City had brought this forth. She statec that her grandmother•took the bus from El Monte to Rosemead to buy fresh chickens for religious reasons and stated that taking away this,bdsiness would obviously hurt other business is the area because they bring business to other people Amy San - she stated thlla/t most of the people that were against this business was because of the odor but she learned tonight that the business was denied to change that; it's not that they did not want to make those changes to make it better it's because they were not allowed to make it better. Mayor Margaret Clark asked that the City Attorney address that issue. Rosemead Community Development Commission and. City Council Joint Meeting Minutes of January 26, 2010 Page 10 of 17 City Attorney Joseph Montes stated that he thought the issue that was being raised here is that there was an application submitted previously by the property owner for a zoning code amendment that would have allowed this to be a permitted use. Currently it is not a permitted use at its present location, Cal Poultry, it is not a permitted use at that location, they are a grandfathered use and what's known as a non-conforming use. Under the City's non-conforming ordinance, a non-conforming business is not allowed to expand. In order to make corrections to the building and address ventilation; the owner had previously indicated that modifications to the building including raising the roof, would be necessary to address ventilation issues. That would not be allowed under the City's present code and a zoning code amendment was brought forward through the planning commission and the City Council that would have made that the poultry slaughter business a legal use or a permitted use so that they could expand the building and that was denied by the City Council at the second reading of the ordinance: Consequently, modifcations to the business that would :P increase the size of the building are not allowed at this Time under the'City's current codes. Mayor Margaret Clark stated that she would also like to explairi,th'afin order to allowtheexpansion of the building we have to avoid a spot zoning situation, which is not proper. The City would ha5eto allow slaughter houses anywhere in the manufacturing zone, which in Rosemead it is three areas that allow:manufacturing. This would have allowed slaughter houses in three different areas of thet ity and there was considerable and very large public opposition for that and that is the reason why that wa`s changed. 41 Ken Y= -stated that his mother had bee p rehasing chicken for over,20 years from Cal Poultry and that there were many reasons, as other people had 'Wa ed, why they have to purchase fresh chicken. He added that more importantly they needed it for their prayers ofatheir ancestors:✓Mr. Voong asked why it took 20 years to address the smell issue; if this business~closes d'wouldlnot only affect the employees of Cal Poultry but the community as a,whole ` City Attorney Joseph Modes stated that if there were no further speakers this evening, again he would just remind the Council that$lliis'matter needslto be deferred 6ack,to the Planning Commission and the Council shall take no action this evening ot`ertthaamto.make a motion to continue the item to a date uncertain and if there are modifications-or addition's'.to the ordinance that the Council would like the Planning Commission to consider theyshould providej~hat information to staff at this time. If there are other actions that the Council would like' ,to consider this evening you cantask me any questions in that regard. Mayor PrFiTem Gary Taylor a§ked if the,public hearing was now closed. 11-1 Mr. Montes stated+tliat the public),fi6aring could not be closed at this point because we want to make sure that all the testimony that was given tonight is included as part of the record and so we will continue the hearing this evening as`fan. public hearing; that is my recommendation. Council Member Polly Cow translated the City Attorney's statements. Mayor Pro Tern Gary Taylor made a motion, seconded by Council Member Steven Ly to continue the public hearing to a future date after the Planning Commission reviews this item once again . Vote resulted in: Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 26, 2010 Page 11 of 17 Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None The City Council recessed at 8:44 p.m. and reconvened at 9:03 p.m. 8 CITY COUNCIL CONSENT CALENDAR res in the it 09.04, ing Area Z-2 Zones ed sign g two 86 is now eading As parfofth~ldty's Fiscal Year 2009-10 Capital Improvement Program, the City Council approved the "Residential Street Resurfacing Project", which consists of the rehabilitation of various streets within the City. This component of that project proposes the rehabilitation of Whitmore Street from Del Mar Avenue to the Alhambra Wash. Funding for this project is available through the American Recovery and Reinvestment Act of 2009 - Community Development Block Grant program`(ARRA CDBG). Recommendation: That the City Council authorize staff to advertise and solicit bids to complete the improvement project: Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 26, 2010 Page 12 of 17 E. Resolution No. 2010-04 Authorizing the Recordation of the Irrevocable Offer of Dedication for those Portions of LA County Assessors Parcel No. 8595.011-011 Proposed for Use for Public Sidewalks and Amenities In accordance with the City of Rosemead Municipal Code Section No. 15.04.040, the owner(s) of the property located at 3016 Rosemead Place, have submitted an executed irrevocable offer of dedication. The irrevocable offer of dedication has been determined by the Civil Engineer to be necessary and appropriate to permit the installation of a street tree in accordance with City standards. Recommendation: That the City Council approve Resolution' No. 2010-04, authorizing the City Engineer to execute and record the irrevocable offer of dedication for L.A. County :r Assessor Parcel No. 8595-011 -011. "s, Mayor Pro Tem Gary Taylor asked that the minutes of the,November 17 meeting be deferred to the next City Council meeting. He asked that the PowerPoint presentation of theyyUFC item also be transcribed in verbatim format. ,dye. Mayor Pro Tern Gary Taylor made a motion, seconded by Council"Member Steven Ly to approve the Consent Calendar EXCEPT for Item Nos. F a`nd G and the inutes of the November 17th City Council meeting. Vote resulted in: Yes: Armenta, Clark, Low, Lyayli , No: None Abstain: No ne Absent:' None 2 ' F. Resolution No. 010.05°Authorizinq theAecordation of the Irrevocable Offer of )unty Assessors Parcel No. 5285.002.026 and Amenities in accordance with the City of,Rosemead Municipal Code Section No. 15.04.040, the Downer(s) of the property located at 2706 Lindy Avenue, have submitted an executed irrevocable offer)of!dedication. The irrevocable offer of dedication has been determined by the Civil Engineer to be necessaryand;appropriate to permit the installation of a street tree in accordance with City standards. Recommerfdation: That the City Council approve Resolution No. 2010-05, authorizing the City Engineer to execute and record the irrevocable offer of dedication for L.A. County Assessor Parcel No. 5285-002-026. City Manager Jeff Allred stated that per a request of a resident it was asked that there be a minor modification and this item would be brought back on a future meeting. No Action was taken on Item 8F. Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 26, 2010 Page 13 of 17 6 G. City Tree Maintenance Services- Award Contract At its December 8, 2009 meeting, the City Council approved specifications to solicit proposals for annual tree maintenance services. The services include tree management and regular maintenance of trees located within City parkways, medians, parks and City-owned facilities. As urban forestry is an important City asset, these services are critical to ensure that City trees remain healthy, aesthetically pleasing, and safe for both the motoring and pedestrian public. Recommendation: That the City Council approve authorize the City Manager to enter into a contract with West Coast Arborist, Inc. for an estimated,a riual•cost of $150,000 for the first three (3) years, with an annual option to renew for the_Afollowingj6o (2) years. Juan Nunez - pointed out that there was a type-o on the agenda regarding the annual costa $150,000 and not $150,00. t 'and it should be Mayor Pro Tern Gary Taylor made a motion, seconded by Coui contract with West Coast Arborist, Inc., for an estimated annu years, with an annual option to renew forthe following two (2) Yes: Armenta, Clark, Low, Ly, No: None Abstain: None---.,,"., Absent: None's ; = 9. MATTERS FROWCITNYMANAGER & STAFF mber Steven Ly to enter into a of $150,000 for the first three (3) Vote resulted in: A. ,.Funding Request.from J6y,&; urigfd for Sponsorship of "Fitness Awareness Day" ssentativesNfrom Joy-of,,Kung Fu,, a regional martial arts organization that promotes ral wellness,`are requesting City sponsorship of a community-wide Fitness Awareness on August"7; 2010 to be held at the Rosemead Community Recreation Center. ionally, they a`re requesting City Council authorization of event funding in the amount of 6to help,dffs'et event costs. . Recommendation: That the City Council give staff direction regarding the request of Joy of Kung Fufor sponsorship of Fitness Awareness Day 2010 and funding in the amount of $4,000. Director of Parks and Recreation David Montgomery-Scott reviewed the staff report. Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 26, 2010 Page 14 of 17 Mayor Pro Tem Gary Taylor stated he had reservations over the number of request that were coming in, in the sense that, we had a dog show over at the Mission Inn and we gave them a donation. He asked how they would draw the limit to the number of people that come in and request donations. Mr. Taylor added that he was not questioning the validity of it but asked how would the draw the line for other businesses because they should all be allowed to participate. He added that he would hate to be place in a situation where a business asked why the City donates to certain business and not to them. Council Member Polly Low stated that she agreed with Mr. Taylor; she stated that she was supportive of the different organizations in the City that promote events but the event was $10,000 and they were asking for the City to pay half of that amount. She added that she was willing to help but she did not feel that the City should be responsible for 50% of the cost. She stated that the City,slibul 'have some sort of policy to donate a few hundred dollars to organizations to help out but she did not I ink'tn'e City should be responsible for 50% of the cost of these events. Mrs. Low asked if Joy of Kung,Fulwas a n' I ofit organization. Mr. Montgomery-Scoff stated they were not even incorporated; therefore cannot be a non=profit organization. Rather than asking for a donation they are asking that the City cos r~the event; recognizing that by doing so it would cost the City about $4,000. Council Member Steven Ly stated that at leas lately the City ha~been looking at ways to partner with organizations for example EDI. Initially EDI came to the City and the cost.was $22,000 and it was about 50%; and they lowered that because the cost was dbviously too much. ~He,added,that he felt that in many ways this was the same; partnering with other orgarnzations:that are City wide-is a good thing if the Council agrees with the event. Mr. Ly stated that he had spoken to the-sp sors of:the event and his feeling was that they really just want to have a good.day were they aware in terms of eating nght:and•exerasmg. Council Member Mr. Mayor Margaret Clark Council Member Polly Low: addressed organizations requ City Manager Jeff and one of the gui incorporated as a if the City held,a,health fair. more ft and how to be more fair that the City runs is a senior health fair. more comfortable if they maybe gave half. she agreed with her and that there should be some guidelines that for donations. re were some guidelines that Council adopted about 5 or 6 months ago an organization that received donations for these events would have to be Mayor Pro Tem Gary Taylor referred to page 2 of the proposal and read the first paragraph addressing the organizations and clarifying that Joy of Kung Fu was not incorporated. Mr. Taylor added that there would be more confusion if the policy was not followed. He stated that the City was trying to make an effort to assist organizations but he did not want to make this a free for all; he stated that they say it's a community base event but they are also promoting their businesses. Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 26, 2010 Page 15 of 17 Council Member Polly Low stated that if the City Hasa policy then the City should follow it because if they don't then other request will begin to start coming in. Mayor Margaret Clark stated that she agreed and that the City needed to be consistent. She asked if the City could waive the cost, if there was incline services. Mr. Montgomery-Scott stated that the items listed were incline services. Mayor Pro Tem Taylor stated that included with the incline services the City the newsletter. Mayor Pro Tern Gary Taylor made a motion, seconded by CouncilMember; Kung Fu furnish banners, announce the event in the City's newsletter, and at the 4m of July celebration. Vote resulted in: fj % Yes: Armenta, Clark, Low, Ly, No: None Abstain: None Absent: None 10. MATTERS FROM MAYOR & CITY COUN Council Member Sandra Armenta stated that on Mai fallen down: two on her street and one on Marshal., St having an outstanding look into the area of th very confusing to the r Council I cancelled Gary Tayl ra agenda mate regarding the1rief,discussion n arborist go out tfiene and check Chris Marcarello stated 1 the trees and that report se situations, e: Rio Hondo and everyone abou the weather. " promote this event in Low to assist Joy of de them with a booth were two trees that had nended.Chfis Marcarello and his staff for y Danny. Godoy. She also asked if they could and Mission because the way the lighting is it is upcoming Lunar New Year event, which had been that thg`Council be provided from now on with the Rosemead Ad Hoc as well'as the:Sister City Committee agenda materials. He also asked ing the diseased trees; he asked how fast the City was going to have an trees because they are in bad shape. arborist had been out earlier this week and will continue to be out inspecting brought back to Council.for their review, via the newsletter. Council Member Steven Ly stated that at the last Council meeting he talked about how frustrated he is with Southern California Edison in terms with our desire to gain access to some of their right of ways in order to get more green space for the City. That frustration:will be addressed at every meeting until this issue is addressed by Southern California Edison and expects them to see them at future City Council meetings. Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 26, 2010 Page 16 of 17 Mayor Pro Tem Gary Taylor stated that the City has had an excellent relationship working with Edison and currently the City has facilities under their power lines for a minimal of $1 a year and they have committed three parcels for the City under those power lines.: He added that he believed they were trying to work with the City but as far as those sections across from the Edison headquarters; that to him was a different situation. 11. ADJOURNMENT The meeting was adjourned at 9:33 p.m. The joint Community Development meeting is adjourned to Saturday, February 6, 2010 at 10:00 a.m. at the Ros .49/ a tour of facility as well as the Garvey Park Swimming Pool and aquatics,faci communities. Margaret Clark ATTEST: Gloria Molleda City Clerk Rosemead Community Development Commission and City Council Joint Meeting Minutes of January 26, 2010 Page 17 of 17 mission and City Council 3d Park Swimming Pool for in neighboring