CC - Item 7A - Minutes 03-23-10a
Minutes of the
JOINT CITY COUNCIL
AND
COMMUNITY DEVELOPMENT COMMISSION
REGULAR MEETING
March 23, 2010
The regular meeting of the Rosemead City Council and Community
order by Mayor Taylor at 6:03 p.m, in the Rosemead City Council C
Boulevard, Rosemead, California.
FLAG SALUTE: Council Member/Commissioner Low
INVOCATION: Vice-Chair/Mayor Pro Tern Ly
PRESENT: Mayor/Chairwoman Clark, Mayor Pro TemNice
Armenta, Council Member/Commissioner Low, and Council
STAFF PRESENT: City Manager Allred, City F
Director of Finance Brisco, Director of Parks ar
Administrator Ramirez, Public Affairs Manager
Clerk Molleda
1! PUBLIC
2. COMMISSION CON
A.
ommission was called to
at 8838 East Valley
Ly.
CommunityDevelopment Director Wong,
vW
ntgomery-Scott, Economic Development
vbK Works§Director Marcarello, and City
atibn Adopt Resolution No. 2010 -10 for payment of Commission
in the amount of $817,107.08 demand nos. 10076 and 11247 through 11247.
11
Vice Chair/Mayor Pro Tem Steven Ly made a motion, seconded by Commissioner/Council Member
Polly Low, to approve 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 March 23, 2010
Page 1 of 29
ITEM NO.
3. MAYOR AND MAYOR PRO TEM INSTALLATION CEREMONY
Chaiu'Mayor Gary Taylor presented former Mayor Clark a plaque in recognition of her outstanding
leadership and dedication as Mayor for the City of Rosemead from March 2009 through March 2010.
City Clerk Gloria Molleda administered the Oath of Office to Mayor Gary Taylor; Mr. Taylor signed the Oath of
Office and was then seated back at the dais.
City Clerk Gloria Molleda administered the Oath of Office to Mayor Pro Tem,StE
Oath of Office and was then seated back at the dais.
Jose Hinoios - Chamber of Commerce President, presented Council,Me
in gratitude of her support to the Rosemead Business Community,.and R(
Commerce.
r
Barbra Messina - City of Alhambra Council Member congratulated Cour
wonderful job as Mayor. Mrs. Messina attested that Mrs. Clark was•all, b
City with the upmost integrity. V
Ms. Gomez - representative of Careers Partners'pfesented Mrs. Clark w
her outstanding services in the City of Rosemead
Mitchell Ing - City of Monterey Park Council Memb(
outstanding job during her positiori as Mayor and he
Tern Steven Ly for their new positions.
Mayor Gary Taylor than
Council Membe Maigaret Clar'k.thanked
year but was glad Mr.'Taylorwas taking ov
Mayo Gary Taylor recessed he meeting a
celebrate the.new. Mayor and Mayor Pro Ti
Clark with a plaque
camber of
Mr. Ly signed the
Member Margaret Clark on a
'Rosemead and:'represented the
of Recognition for
Member Margaret Clark for her
r Gary Taylor and Mayor Pro
stated that he-knew how hard she worked.
their support and stated that it had been a wonderful
as Mayor._
that there would be cake and refreshments to
installations; recessed at 6:16 p.m.
Rosemead Community Development Commission and.
City Council Joint Meeting
Minutes of March 23, 2010
Page 2 of 29
City Council
Meeting Agenda
The regular meeting of the Rosemead City Council was called to order by Mayor Clark at 7:00 p.m. in the
Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California.
FLAG SALUTE: Council Member Low
INVOCATION: Mayor Pro Tern Ly
PRESENT: Mayor Clark, Mayor Pro Tern Taylor, Council Member F I Z.
Council Member Ly.
STAFF PRESENT: City Manager Allred, City Attorney
Director of Finance Brisco, Director of Parks and Recrn
Administrator Ramirez, Deputy Public Works Director f
4. PRESENTATIONS
• Proclamation of Recognition for
Presentation was postponed to the next City
5. PUBLIC COMMENTS
Brian Lewin - thanker
yard sale should be an
for putting together the
I hour or.two longer.
and
Lopez -
hcil Member Low, and
;lopment'Director Wong,
Economic,Development
Molleda
jo next meeting
sale and suggested that in the future the
Phong Ly ;Field.Representativeof Mike Eng's Office thanked Mrs. Clark for her service and her leadership.
Mr. Ly alsottianked Mayor Taylor antl.Mayor Pro Tern Ly for their new positions and wish the city the best of
luck for the.upcoming year`,A Certifcate,of"Appreciation was given to Mrs. Clark as well as Mr. Taylor and
Mr. LV.
Mayor Gary T.
Item 8A would be moved up on the agenda for discussion.
Rosemead Community Development Commission and:
City Council Joint Meeting
Minutes of March 23, 2010
Page 3 of 29
8. MATTERS FROM MAYOR & CITY COUNCIL
A. Vietnamese American Heritage and Freedom Flag
The Vietnamese Refugee Community of Los Angeles County is requesting that the
Rosemead City Council support the Vietnamese American citizens of the City of Rosemead
by adopting Resolution No. 2010-21 acknowledging the Vietnamese American Heritage and
Freedom Flag as a symbol of freedom and democracy in Vietnam In addition, the
Vietnamese Refugee Community of Los Angeles County would likWthe City.Council to allow
them to display the flag side by side with the American flag on,the light posts on Valley
Boulevard (from Walnut Grove to Rosemead Boulevard) fr&m.Saturday, April 24, 2010 thru
Friday, April 30, 2010.
Recommendation: That the City Council
the Vietnamese Heritage and Freedom;F,l
Vietnam and allow the Vietnamese Refug
the Freedom Flag from April 24, 2010 thn
City Manager Jeff Allred reviewed the staff
Long T. Nguyen - Representative of the Vietnanies
the City Council for their consideration of this item
1\~~
commemorate 35 years since the Vietnam War; April
allow the Vietnamese Heritage~and Freedom Flag to
Mayor Pro Tem Steven Ly`
America on a boat from Vein
represented the freedom and
that the flag symbolizea'that i
was important that this''City"tP
everyone paid a price and sa
su ooort 'th isf'resolution.
permit. Mr. Tran add(
the Vietnam War 35v
[tion No. 2010h21,acknowledging
of freedom and democracy in
of Los Angeles County to display
Community County thanked the Mayor and
added thatthis year this Country would
' He asked'that Council approve the permit to
ad fromjApril 24th through April 30th, 2010.
4'
ated that has a child of immigrants and as a child of parents who came to
.and spending a year in Iridonesia in a refugee camp this flag really
crifice cihhe Vietnamese and Chinese community in America. Mr. Ly stated
dom`and the sacrifce,tfiat the people had to go through. He added that it
was made 'up of a lot of immigrants of different cultures understand that
iced to be,ilh America and enjoy the freedom. Mr. Ly urged the Council to
Union Student Association asked the City and Council to approve this
be a great pleasure for his people and also the veterans that served in
Juan Nunez - asked Council not to grant this permit because this would be opening the doors for other
people; he added that there is more than just one nationality that lived in the area.
Council Member Polly Low stated that in the City of Rosemead there was a large Vietnamese community
and that it was important to embrace the American way as well as to remember their heritage. Mrs. Low
stated that she was the one who asked that this item be put on the agenda and hoped to get the Council
support.
Rosemead Community Development Commission and
City Council Joint Meeting
Minutes of March 23, 2010
Page 4 of 29
Council Member Margaret Clark stated that she was very supportive of the war of Vietnam for the freedom
of the people and that her only concern with this was having the flag on the same level of the American flag.
Mrs. Clark added that someone had mentioned to her that no other flag should be on the same level of the
American flag and asked if there was a way to display the Freedom flag at a slightly lower level.
Council Member Polly Low stated she agreed with Mrs. Clark and thought that the American flag should
hand slightly higher.
Mayor Gary Taylor stated he supported this item because his son's father-in=1a had,to flee from Vietnam in
a wooden boat with his nine children and were at sea for five days before,being rescued and coming to
America."" \
Council Member Sandra Armenta stated she also supported this:item`and that this was a symbol of
freedom for the Vietnamese community and asked that the American flag be displayed,slightly hired that the
Freedom flag.
Mayor Pro Tern Steven Ly made a motion, seconded by Council Member. Polly Low,' to approve
Resolution No. 2010-21 acknowledging the Vietnamese Heritage and Freedom Flag as a symbol of
freedom and democracy in Vietnam AND allow the Vietnamese' Refugee Community of Los Angeles
County to display the Freedom Flag from 4pr N 2010 through 4pri130, 2010 AND follow the
American Flag protocol when displaying the two'flags .Vote resulted in:,,'
Yes: Armenta, Clark, Low, Ly,
No: None /
6. PUBLIC
Zone Changes 10-01 the Zoning Classification of Eight (8) City Parks to the 0-S (Open
Space) Zoning?Designatio
+,r sue'`
The City of Rosemead proposes to change the zoning classification of eight (8) City parks to
060-S (Open Space) zoning designation. The proposed zone change will bring the zoning
designation of these parks into consistency with the City's existing General Plan goals and
policies,,as required by State law. The following parks will be affected by this zone change:
Angelus Park; Garvey Park, Guess. Park, Klingerman Park, Rosemead Park, Sally Tanner
Park, Triangle Park, and Zapopan Park.
Recommendation: That the City Council introduce Ordinance No. 887 for first reading
changing the zoning classification of eight (8) City Parks to the 0-S (open space) zoning
designation.
Assistant Planner Lily Trinh reviewed the staff report.
Rosemead Community Development Commission and
City Council Joint Meeting
Minutes of March 23, 2010
Page 5 of 29
The Public Hearing opened at 7:21 p.m.
Juan Nunez - asked if this zoning affected any property surrounding these parks.
Ms. Trinh stated no, it would not.
The Public Hearing was closed at 7:23 p.m.
City Attorney Joseph Montes read the Ordinance title and stated that Ordin
for first reading.
Mayor Pro Tern Steven Ly stated that he knew the City was
space to add to the City's portfolio of different parks; asked w
this proposal doesn't happen again. r
Community Development Director Stan Wong stated
property other than open space and Council wants. to
to change the zone to reflect its space.
Council Member Margaret Clark made a mot
introduce Ordinance No. 887 for first readinc
to the 0-S (open space) zoning designation.
Yes: Armenta; Clark,.Low, Ly,
No: None// \
Absent:
by Council
zoning cla`~
was before Council
get more open and green
Idbe in the future so that
d ti.e
al plan designates the new
space thenlit is necessary
Sandra Armenta, to
n of eight (8) City Parks
B. ,,%Municipal Code "Amendment 09 03;Amendment 09-03, Amending Chapter 17.12 of
Title 17-of the City ~of, Rosemead Municipal Code Relating to the Amortization of
C Nonconforming. PoultrV. Slaughter Businesses
City Council has directed actions towards the elimination of poultry slaughter business
ations within;jhe City. Accordingly, staff and the City Attorney have drafted an Ordinance
nortize poultry slaughter businesses in the City within three (3) years from the effective
date
As an addition to any amortization period contained within the ordinance, staff and the City
Attorney have prepared a provision 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 meet the amortization period.
Rosemead Community Development Commission and
City Council Joint Meeting
Minutes of March 23, 2010
Page 6 of 29
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.
Senior Planner Paul Gary reviewed the staff report.
The Public Hearing was opened at 7:28 p.m.
Colin Lennard - "I'm with the law offices of Fulbright & Jaworski and as
you and I was before the Planning Commission and I will try not to repe
was before you. I think it is well to note that we have filed a petition with
approximately 2300 signatures in favor of keeping Cal Poultry in tQine
you have before you. Among those signatures are many residents who
of Cal Poultry; and as I've said those have been filed with-the",City Clerk.
issue before this Council is odor; where the odor exist andhow we can
offered to this City Council now 3 times 3 different proposals that would
odor issue by hiring their own consultants, paying for it under oversightc
times, different forms and have been (inaudible) 3,
There has been many many times statements"abc
exist right now existing violation on behalf of Cal,P
no existing written outstanding code violations age
violations are holes and minor code violations that
one written violation in 2008..InAugust.of 2003 the
was corrected and there is'no outstanding written
business license or occupan
outstanding written violations
improvements; regarding the
connection between 8932-an
was a notice from the Water
applied,and presently has the
and tl afsdhe•only one that e
discharging waste to a storm
and there is no outstandinq E
I was here once before
afwhat l'already said the first time I
the City,Clerk tonight containing
ss and not'adopt the ordinance that
lived very very,close to the business
Again, I want to`eriphasize the real
mitigate those odors cWe have
allow:Cal Poultry to attempt to fix the
the City. As I said... (inaudible) 3
roposal whatsoever from the City.
ations of Cal Poultry and that there
isiclear as possible that there are
11
oeated references to these
with no couhter.l
Sting and past vii
>Let.me make it
(2003 and 2006', 7 and 4 years respectively, and
a citation for inappropriate waste discharge, that
violation. In April of 2006 they were cited for no
gnaae: all of which were corrected and there are no
ctoberof 2006 they was„issue a stop work notice regarding interior
ling wall b6tween87 :8922 and 8942; Cal Poultry complied, closed the
)and there ismo outstanding written existing violation. In November 2006,
requiring Cal Poultry to apply for what is call a general permit; Cal Poultry
lit and ttiere,,is not outstanding written existing violation. In April of 2008
after 200"; In April of 2008, there was a notice by the Water Board for
Cal Poultry submitted a report to the Water Board with corrective action
violation against Cal Poultry. None of these violations exist today or are
outstanding today'or have been repeated today. The last point I would like to make is that in the event that
this Council chooses to adopt ttie ordinance before you; you haven't' resolve the odor issue. That will
continue to exist if there`is any odors that has not been solve; the reason it won't be solve is, you cannot
expect any reasonable business person to expand a capital and make improvements when that business is
going to be required to ceased in 3 years; that just doesn't make any sense. Again what I would suggest to
you is that if this City is interested in correcting a problem at Cal Poultry give them the opportunity to correct
them. If they can't correct it you always have your alternatives available to you with the existing ordinance
but to shut the business down for no reason at all, without giving them the opportunity to correct it again, it
doesn't make any sense."
Rosemead Community Development Commission and
City Council Joint Meeting
Minutes of March 23, 2010
Page 7 of 29
Robert Dawson - "Mr. Mayor, members of the City Council, thank you. I am Robert Dawson I'm a litigation
partner for Fulbright & Jaworski Counsel for Cal Poultry. Members of the City Council if we continue down
this road of passing this ordinance indelibly and unfortunately it will result in very complicated and very
expensive litigation for all concern including the City of Rosemead; litigation can cost hundreds of thousands
of dollars money that could obviously be well spent and better spent on other things. You know our position;
our position is that this ordinance is discriminatory that this ordinance is not supported by a rational bases.
That it constitute a wrongful and unfair and unwarranted taking of folks businesses and property without a
rational bases. There is no health (inaudible) issue that supports the passing of,this•-ordinance. The only
thing that this (inaudible) forward is the desire of a small group in the community that wants the ordinance
passed. But as you can see again repeatedly when this issue comes before you the huge wave of support
from the community for Cal Poultry; you've heard now about the signatories to ttie.petition, over two thousand
people signed and many of them living very close to this business. There is no health or safety need for this
business to be shut down. The repeated references, which have been made over and over to ongoing lists of
violations, legal violations, if this goes to litigation it is likely that those allegations would bMewed as no
more than evidence of malice against this business becauseahey are so clearly incorrec'V, ere.is still time
to reverse course on this and to consider ways in which th'e'legitimate issues which are beforevou can be
resolved in a reasonable and fair way and I will urge the Council not to•go through the road of litigation but
instead to go down the road of trying to find a fair resolution and first of all to give this business the
opportunity, which (inaudible) as soft and asked,foi repeatedly to address.' the odor issue. It is very fixable, it
is not that serious and they are waiting for the opportunity to do that. Now I please urge you to take any
opportunity you have to avoid going down the road of litigation because it will!n`ot'serve the community well,
thank you."
Mayor Taylor asked if the owner of Cal.Poultry was present and asked if she wanted to make any statements.
Dana Phu - owner ofSC it Poultry stated that she had spoken during the last meeting and she wanted to keep
that on the record. t 4
k'
Marlene Shinen stated she didn't reside in Rosemead, she stated that Dr. Lilian Sacco passed away on
March 13; 2010, she ias,a Rosemead resident who for years was active in this city government, working
relentlessly to help those in'need. She earned her doctorate in English, graduated from USC with a 4.0; Ms.
Shine/ stated,that tonight she stood to support Ms. Sacco's cause with her work. Ms. Shinen stated that they
submitted "'complain to the Losl4rgeles County Civil Grand Jury on February 16, 2009 and read the
complained to the City Council. Ms! Shinen asked.the City Council why they haven't listen to the people of
the City of Roserread;,she concluded by stated that Dr. Sacco's time had expired and so had Council's.
Jean Hall - commended this,Council for their hard dedication for the past year; she stated she spoke for a lot
of residents when she said that it has been a pleasure to attend these meetings and see the results of their
efforts. Mrs. Hall stated that if the decision regarding Cal Poultry would be put on her hand she would vote
for a complete shutdown of the business to be effective now; she added that unfortunately the reality was that
the City would be paying millions of dollars in attorriey fees and court cost. Mrs. Hall stated that she has
observed Cal Poultry over the years operate under the special non-conforming stats, ignoring deadlines,
polluting the air, and unsightly feathers and dead chickens in plain sight on Garvey Avenue. Mrs. Hall stated
that what bad message that was for prospective business owners who were looking to open up a business in
Rosemead. She added that being a long time resident herself she has seen over the past 20 years how Cal
Rosemead Community Development Commission and:
City Council Joint Meeting
Minutes of March 23, 2010
Page 8 of 29
Poultry uses their entitlements to do as they please; it's time for this business to agree to a compromise with
the City so that both parties can move on. Mrs. Hall stated that the slaughtering of animals should not be
allowed unless it is in the suitable density area and away from residents; other suggestions have been
mentioned, such as, that the slaughtering part could be done in their Azusa location. .
Mayor Pro Tem Steven Ly stated the he was aware of the time limit for each speaker; however, this was a
very important issue and asked that if it's the Mayors pleasure to have more liberal discretion on the use of
the time for today.
Mayor Gary Taylor asked Council what they thought was a good time
Council Member Sandra Armenta stated she thought 4 minutes
speakers wanting to address the Council.`
Council Member Polly Low also asked the audience to
Marlene Shinen - stated that the Grand Jury that in their respon
American Poultry Company wants special consideration (Ms. Shii
which is available in the City Clerk's office). Ms:.Shinen read the
operation permit, status suspended, and residue ir-the.parkir
application result of investigation indicates the bases,of;p`rote
outside storage and cages, forklift and truck and incrementinc
cover with an improve material, ceased washing of`cages; eq
speakers.
be fair because there were a lot of
cell phones.
hA 3, 2009 that the Chinese
ed a copy of the letter to Council,
10 violations starting in 7/31/03,
/19/03 unable to process license
aside storage removable all
front yard, replace water heater
thino that allows water flow to
lot 8/28/03,
4/26/06, of
2ncinq in the
arveq. 4/27/06 local sewer operating
mcipal code, you must retain the required
interior expansion completed without
and Agriculture. Notice of non-compliance
drain outside the building, ceased used of vacant structure 8942
permit; 5/4/06 notified by letter; 4/26/018 violation of Ro'semea
business license by May 10;`2010 or you`will be closed.',10/C
approval or permits from theCity,or California Department of
for coverage under the NPDSgenbral,permit for storm water.
needed to enroll ' in
their oarkina lot for
the animakwaste, droppings ,an
Robert Dawson , "Rather than
opinion from qualifed,litigation r
actually come across,ifthere is
which they would suppo" the,or
12/1/06 owner operator was told that he
and prepare.a pollution prevention plan. 8/22/08 this facility is using
j~cages of live chickens for processing; excessive odor coming from
broken
3ponding'to any'of that, I like to instead urge you to please obtain an
nsel as to how what you just heard, with all these similar issues, would
wsuit; how a court of law, what weight it would be given, and the extent of
ance that is before you because I think you really need that advise."
Collin Lennard - "I would like to set something straight for the record. Every violation and correction that I
read to you came from the City's own documents; it came from your staff reports to the Planning
Commission. Exactly those violations, if there were any others the staff would have had them. In terms of the
Grand Jury you have no idea what the Grand Jury"did or didn't do; obviously they didn't come to any
indictment or any other action otherwise Cal Poultry would of known about it and they know nothing about the
Grand Jury statement that was read to you, thank you."
Rosemead Community Development Commission and.
City Council Joint Meeting
Minutes of March 23, 2010
Page 9 of 29
Kevin Curley - stated he lived in the City of Arcadia, was an Air Quality Engineer, and a friend of the owners
of Cal Poultry. He stated that he had gone to the Cal Poultry business and walked around the outside of the
building and didn't notice any odor; inside there was an odor that you find in any poultry shop. He added that
the business was in a light industrial area and not just residential. Mr. Curley stated that there was an odor
issue depending on the weather and the time of day'and that it is something that needs to be address; the
owners see that as well and they know it needs to be fixed.
Phyllis Tury - addressed Council and told them that they knew their complaints;'Mrs. Tury mentioned Estela
and John Morales who had purchased their house 59 years ago and Amy and Alex Ramos who purchased
their home 59 years ago; these people are so good they have given so much`to their community but they can
no longer enjoy their own neighborhood. Edna and Glen have lived in-thene neighborhood for 55 years and
have been active members of the Chamber of Commerce; Glen served.4on the Tratfic`Commission, he worked
as a crossing guard protecting Rosemead's children, and they have certainly paidTtheirdues to the City. Mrs.
Tury stated that her father settled in Rosemead in 1921 and bought a property in 1928*bt property has
been in the Tury family for 82 years and stated that they deserved to live here. She added,that.she could go
on and on naming numerous families who have lived in;the neighborhood for 50, 60, 70 years and some that
had lived here since before Rosemead's incorporation. She stated that nova it was the City's turn to work with
them and help provide them with the City they so richly deserve;she asked Council to take in consideration
what her neighborhood has been forced to live,with and stated none of.them would like to live where she did.
Adolfo Ponce - stated it was good to hear the opposition'; if it wasn't for the citizens in that neighborhood
they wouldn't be here opposing. Mr. Ponce statedthat they can'no.longer live under those conditions
anymore and that the City had this business under.'radarr for,a numbeFof years. He stated that the only
reason Cal Poultry had corrected, their,violations was because the people of Rosemead had brought those
issues to the City's attention;'otherwise, they would be continuing the old type of business. Mr. Ponce
suggested that Cal Poultry'get one year then they need tomove out because they need to relocate; they
have outgrown their facility `and the citizens of Rosemead deserve to live in a community that they are proud
of.
Joan Hunter -stated that Cal. ouliry,had been discussed for the past 4 years and denied; slaughtering is
undesirable for those who have lived soclosed-to the facility and have had to endure these odors. Cal
Poultry has been cited many timesand they still continue to do the same as soon as they think the City is not
watching. Mrs. Hunter stated thiatGal Poultry had the right to stay in business and sell chickens; however,
they should be slaughtering somewhere else. She stated that they have a facility in Azusa and suggested
that they slaughter there and bring the chickens into Rosemead, therefore eliminating the odor. Mrs. Hunter
stated that 3 years was too long-to allow Cal Poultry to continue doing what they are doing and it wasn't fair
to the residents who have 'lived in Rosemead longer than Cal Poultry has been in business.
J
Joshua Thai - stated that for many years Cal Poultry had been in business in the City of Rosemead and has
provided great service and has provided revenue for the City of Rosemead. He asked that in this fragile
economy it was smart to close a business that generated revenue for the City. Mr. Thai stated that the main
concern where the violations that Cal Poultry has made but that he noticed that they had work diligently to
correct those violations. He asked that Council revoke the ordinance and allow Cal Poultry to stay in the City
of Rosemead.
Rosemead Community Development Commission and';
City Council Joint Meeting
Minutes of March 23, 2010
Page 10 of 29 .
Julie Gentry - stated that Cal Poultry has been in violation for many years and that now they were acting like
they had their act together. Mrs. Gentry stated that they will,just continue to keep doing whatever they feel
like doing; they have been a bad neighbor since 1991. She added that it was time not to allow them to stay in
Rosemead and that enough had been enough; no other surrounding city allows this type of business. She
stated that America was a melting pot, which included immigrants but that with that came responsibility and
following rules and following codes.
William Su - stated that many violations had been pointed out and discussed but stated that the main point
was that there is not current outstanding violation. He added that everyone makes mistakes but if you make
a mistake you corrected and that is what Cal Poultry has done. Mr. Su statedte didn't understand why Cal
Poultry had to move and suggested that the residents move out instead;,he asked that Council please listen
to the majority who had shown support for Cal Poultry.
Nicole Li - stated that she was a Rosemead resident and that she supported Cal Poultry because not only
were they providing her with her poultry but also provides convenience3o Asian people to purchase fresh
chicken. She stated that if the City closed Cal Poultry it'would be cutting Asian's people freedom to purchase
the best quality of chicken. Ms. Li reiterated that she supported Cal Poultry and that she needed them to be
in the City. G,
Ann Din - stated that she did not think this was, right and that this was discrimination against Asian people
and their business. She stated that Cal Poultry has'been`here for many years and that now they were being
taken away from their home; she added that she purchased chickens fr'om'
rom Gal Poultry everyday and asked if
she would be kicked out next.
Michelle Wang - (Chinesd,,Translator) Mrs. Low translated. She stated that she's lived in Rosemead since
1992 and that she purcfiases,chickens,ihere all the time'and the odor doesn't not bother her and that she
finds Cal Poultry very convenient. Ms.;Wang added that stie did not want Council to change anything.
Mario Martinei =stated he lived in Rosemead-and•he,had previously lived on Ivar closed to the business;
when he and'his wife use-to ride their bikes around the area and never noticed a problem. He stated that
now he and his wife buy chickemfrom CalPoultry and added that he felt it was a direct attack on a small
busine"ss; it didn't seem right. He stated that;they should be allowed and given the right to stay in the
community just like everyone else.
1
Huey Loong - stated'he has been fa resident of Rosemead for a long time and that his family and he have
always gone to Cal Poultry,' to purchase chicken and turkeys. He stated he was very disappointed that the
City was trying to close the business down and urge Council to think their decision carefully; because this
was part of the Asian culture.
Faye Reynolds - stated she has been a Rosemead resident for over 50 years; she was very upset to see all
these people stand up and speak on behalf of Cal Poultry because of the people didn't live in Rosemead and
don't have to live with the odors. She stated that if they wanted fresh chickens and ducks to bring them into
the City after they had been slaughtered. Ms. Reynolds stated that during the summer that area stuck, there
were flies, and it drew rats; many generations have lived in Rosemead and they did not deserve to live like
that.
Rosemead Community Development Commission and
City Council Joint Meeting
Minutes of March 23, 2010
Page 11 of 29
Brian Lewin - stated that he hoped Council had taken extra time to give more consideration to this matter
and find an equitable solution for both parties. He stated that about a year ago when Council considered this
issue they had ran into a difficulty and that the odor problem that seems to be the biggest issue, could not be
made without making structural modifications. The problem was because Cal Poultry was a non-conforming
use they were not allowed to make the needed structural modifications to resolve the issue. He suggested
that the City write an ordinance that would allow such non-conformance business uses to make structural
modifications and allow them to comply with city code issues. Mr. Lewin asked,ttie,City Attorney if such an
ordinance could be possible. y
City Attorney Joseph Monies stated that currently the City's
ordinance prohibits expansion of the building or use. If the
would modify that to allow the expansion to address health
something that could be looked at and drafted for the Coum
Nancy Eng - (Mr. Taylor announced that Mrs. Eng had'td'1
submitted a letter with her comments.) Copy of that letter is
City Clerk's office.
g use and non-conforming building
to consider an ordinance that
enforcement issues that
nsideraticn` N,
like the record to'show that she
and is'available in the
Juan Nunez - stated he understood there had,been-n
the number of the violations.
Mayor Gary Taylor stated that he knew the violatidr
half dozen but he didn't have,Ye cited•violations. -
Council Member Marpaa ei'Clark stated that on the
City Manager Jeff
copy. r a .
Cal Poultry and asked for
many years and there were a
it reference 16 entries.
Hall tomorrow and he would be provided with a
Barbara Murphy - stated that back in 1989'or;1990 there was a City Council meeting similar to this one
when the•CounciI decided to change the necessary square footage for R-2 properties in the City from 7500
sq. ft. to 9000 s ,ft. even though,th'e place was a full as tonight. She stated that the City told residents not to
worry because thppwould be legal~non-conforming and would be grandfathered in; she stated she
understood that Cal,Poultry was legal non-conforming grandfathered in and now Council wants to change
that. Ms. Murphy asked the,City"Attorney that if the future with a different City Council could they decide that
for whatever reason they camalso recent grandfathered in, which will make all of the properties legal non-
conforming and will neverkl a able to sell one. She added that she was very concerned when Council is taken
away grandfathered in to any property owner or property and what affect that has on the rest of the people.
Mayor Pro Tem Steven Ly asked the City Attorney to explained how legal non-conforming worked in the City
of Rosemead and what it actually means to grandfather in a property.
Rosemead Community Development Commission and
City Council Joint Meeting
Minutes of March 23, 2010
Page 12 of 29
City Attorney Joseph Montes stated that cities routinely update their zoning codes and general plans; any
time you update a zoning code or a general plan you will be potentially changing rules and existing building or
existing uses are no longer conforming and at every city they treat those situations differently. City's have the
opportunity to adopt an ordinance that says that anyone who lawfully started a use or lawfully created a
building and the rules changed after they did that can continue with that use. Typically what is says though is
that you can't expand that use without coming into conformity with the new rules. For a certain type of uses,
sometimes City's would adopt and include a non-conforming use or building ordinance and amortization
period. Typically you see that with signs, sometimes you see it with adult businesses but it is an effort to
change the rules if the people who created a building or use, when the rules .allowehhat building or use,
time to finish or transition that use to something else and that's called an amortization period or ordinance.
That's a long way to say that yes, cities can adopt amortization ordinances to amortize out grandfathered
uses. 4;( \`E.'',
Martin Reyes - (Patricia Martinez translated for Mr. Reyes) s
think it was fair that he was worked there for 14 years and--why
business away or closed the business. He stated that he had
helping him to find a job. Mr. Reyes stated that about two mo
two days earlier someone had gone to Cal Poultry property to
ited that he works for Cal Poultry and didn't
now after so long the Citywanted,to move the
[,family to support and asked if Council will be
hs ago'Channel 7 was at their location and
1rouph chickens outside the business.
Council Member Margaret Clark stated she
Council Member Sandra Armenta stated that what he4as.se
he's alleging that right after Channel 7 left, someone threw~dea
had been caged on their property o itwould look like they had
Director of Community,Development Stan Wong: Mr. Mayor m
testimonies this evening, I beg to differiwith Mr. Lennard's~com
an issue. The main issue this~evening;-from staff's point-is this
this operation; dhicken,slaughter processing, is-not compatible
with the residential char'acter neiohtiorhood the commercial....
the
right after channel 7 was there;
parently those same ones that
s there.
ay I speak to this issue? Just listening to the
ment that this is only an odor issue. Odor is
is a land use issue. The land use issue is that
with the neighborhood. It's not compatible
Mayor Gdi "Taylor interrupted,Mr.4Wong and,asked if the public hearing should be closed and asked if there
was anyone else, in the audience that wanted to speak on this item.
Ken Voung - stated he.was a resident of Rosemead for over 20 years now and that his parents have always
gone to Cal Poultry to purchase.their chickens for all the holidays; he stated he wanted to continue to live in
Rosemead and wanted his:children to continue living in Rosemead. Mr. Voung added that the city would be
taken away a service that'Ki and his family have used for many years. He asked that Council make a fair
decision on this and stated that Cal Poultry had a lot of support on this issue.
Rosemead Community Development Commission and :
City Council Joint Meeting
Minutes of March 23, 2010
Page 13 of 29
William Alarcon - stated he has been a resident for over 30 years; he stated that he had been preview to
the plan from the City that is going to bring the City up to the 21St Century of aesthetic standpoint and those
residents that live south of the freeway sometimes have a complex that the north side of Rosemead gets
everything. Mr. Alarcon stated that he has walked'down Garvey Avenue and knows that the street is run
down; the City has a wonderful plan for Garvey Avenue and new businesses are going to come in and see a
business that was built when Garvey was a little run down. Mr. Alarcon stated he wanted a modern City and
this wasn't the type of business that he wanted to see on a main street.
Mr. Guerrera - stated he has lived in Rosemead for 28 years and rem
fields all over the City but they had gone away; there was a time when
was no longer good use to the community and all that went away. He,
okay in the community but the community has now grown and told the
to listen to majority of the residents of Rosemead and that 2000,peo1pI(
Guerrera stated that the question was not about having a Chinese bus
businesses in Rosemead were Chinese owned but that the question w
slaughter house?"
rs,ttie time when there were rose
an,have horses and cows but it
tthat Cal Poultry at one time was
cil that they had the responsibility
not the.,majority of 57000. Mr.
next door'because most of the
"do you want
Dolores Whitman - she asked how legal the votes would be of the.signatures on the petition submitted that
night and asked why the business owner couldn't build her house next to her business and live there.
The Public Hearing was closed at 8:54 p.m.
Council Member Polly Low: I think the question I,have is'we do understand that this problem right now is
old and I totally understand for residents that live around,that area. We'defnitely, definitely want to clean it
up. The question is now„your client; have violations in~the past. What give me the confidence, that if we
don't go this route, what`giv'e me the confidence that your'client will be willing to work with the City to clean it
up...so that the residents in` he neighborhood don't have to-experience the odor problem.
Colin Lennard;2 things; councilwoman. Number one; those violations were corrected in 7 and 4 years ago.
None of those have been;repeated ~'l,thmk_anyone with a track record of not having something for 7 or 4
years Rink has credibility. There was 1,violation in 2008. That we have said, that was corrected with a
report to'the;water board. We'have talked'witt the City Council many many times to provide a plan to correct
the odor problem,and any other problems which you think now exist at Cal Poultry. There's no question-the
question of odor We have said, if that is the case, we're willing to go out and spend what is necessary, and
what is recommended'to this council by an independent consultant to correct the odor problem. And odor
problems can be corrected. There's no question about that. If there was any other problem that you would
see at this time we're willing;to go and correct it. I can't say enough by saying, "Cal Poultry and the owners
and the residents of this community deserve an opportunity to correct whatever you suggest is a problem. If
we can't go out and correct it, and you're just going to insist on shutting us down, it doesn't make any sense.
It's inequitable, and I suggest it's a violation of the law.
Council Member Polly Low: Now what happens, we have residents that bring up issues of health. There's a
health risk. She brought this so is there a concern of chicken flu, is there a concern of disease?
Rosemead Community Development Commission and
City Council Joint Meeting
Minutes of March 23, 2010
Page 14 of 29
Mr. Lennard: We have said tonight and I said previously when there is the Department of Agriculture that has
jurisdiction over poultry and health and safety concerning poultry. There is no outstanding violation from the
Department of Agriculture. They are the state department that has jurisdiction over the health and safety of
Cal Poultry. If there were any concerns or any violations, Cal Poultry would hear instantaneously, so would
the City from the Department of Agricultural.
Council Member Polly Low: So you're telling me that your client is willing to pay for whatever study is
needed to correct the odor problem as well as putting equipment is needed to mitigate the problem.
Mr. Lennard: Yes.
Council Member Polly Low: What about, the facility is a bit run down., Are the willing to work with the City
to fix up in addition to the odor problem to fix up the property so, ,Ogain the City is r,eally striving to beautify
the City? Is our client willing to work with the City to come up with a facility so that it is•a nice property, a nice
business so the residents can appreciate it? A 1`-11~~k
Mr. Lennard: Absolutely. You have to remember some of the'thir gsthat'so'me of the people have already
suggested; we're a manufacturing and industrial zone. We're nofin aresidential neighborhood. If we were in
a residential neighborhood I don't think any of~us,would be here today.. -But we're not. But to answer your
questions specifically, yes. My client is willing to do whatever is necessary to make that property in a
satisfactory manner to the City and the City Council'
Council Member Sandra Armenta: Not all violations refer to runoff to the'basin. I know that the owner
bought property adjacent to thak,,Andjhey also made al ole througOh"e 2 walls. Right?
Mr. Lennard: That's
Council Member Sandra Armenta:.H4ve4I-the permitssto be able to rectify the closure of that hole that they
made illegally ,has that been rectified?Have the-permits been fled? Has everything been rectified in order to
change w
Mr. LennardAt's my understanding that that has been corrected.
Council Member Sandra Armenta: Can any of the staff answer whether or not they have been corrected?
Director of Community Development Stan Wong: My understanding from the building inspector is that no
permit was taken out for the hole in the wall that was illegally done some time ago.
Mr. Lennard: That is true. My clients were advised that they did not get the appropriate permits to close the
hole in the wall. They have closed out that hole in the wall. There is no hole in the wall anymore. That was
done a number of years ago.
Council Member Armenta: What year?
Rosemead Community Development Commission and,'
City Council Joint Meeting
Minutes of March 23, 2010
Page 15 of 29
Mr. Lennard: That isn't even an outstanding violation. They haven't been
Mayor Gary Taylor. Excuse me. That was done a number of years ago?
Mr. Lennard: Yes, 2006.
Mayor Taylor When the hole was cut.
Mr. Lennard: Yes.
Mayor Taylor. The hole was repaired in 2009 was it not? Almost 3
Mr. Lennard: 2008
Council MemberArmenta: No, 2009.
Mayor Taylor. Anyway it's 2 and a half years. So they had a
Mr. Lennard: Well, Mr. Mayor, you know, ~
the question was, if it was in violation, what
Council Member Margaret Clark: Mr. Mayor, I h
"interior modifications have been made without at
Stop Work. Now, it took you,.you sa'y2.years, we
sorry.
Mr. Lennard: The
is that has
later
doing it illegally.
er it was 2008 whether it was 2009
of 10/5/06. And it states:
ttie City of Rosemead." That means
that. Now that is outrageous. I'm
There is no violation...
Council Member_Mgaret Clark:2 or 3 years"later. es, you can make the statement that there is no
written violation but th'ere.are'things`goin on right now and I'm not finished. I can't understand how you can
stand up there and say that th\a\f was okay, 6•lea4e it a violation for 2 or 3 years.
Mr. Lennard: What I would suggest is thaf/standing alone is not the reason to shut down the business that
has existed for 20 years. If thereYis`a problem as I said to councilmember Armenta, we are willing to correct
it. If you won't let us correct it, there's nothing we can do.
Mayor Taylor That took•years'to correct.
Council Member Sandrd Armenta: Mr. Mayor, and that (inaudible) to what councilmember Low; you're
stating that if they violate again that they're going to correct it right away. It took 3 years to fix that. And I can
guarantee that the owners knew that that was illegal, since they had to cut between 2 properties that were
totally designated for different functions.
Rosemead Community Development Commission and
City Council Joint Meeting
Minutes of March 23, 2010
it was 2 years, wl
City_doing about
Page 16 of 29
Mr. Lennard: What I am suggesting is this. It's something that's been already stated by another speaker.
There is one other suggestion that I've made to the City. And that is that they'll be willing to do whatever the
City wants in terms of beautifying the Cal Poultry premises. In terms of correcting the odor which is still the
issue at hand and we will agree to whatever reasonable time limit you have. If we cannot complete it in that
time limit, or we go beyond the time limit, or in the event that we do not correct the issues then you have the
ordinances before you to come back here and adopt the ordinances.
Council Member Sandra Armenta: Mr. Mayor, again, going on from Mr. Stan
the odor issue, the issue here is land use. Am I not right?
Mr. Lennard: the whole issue is making the land use....
Council Member Sandra Armenta: Yes. And if we modify
Mr. Lennard: No.
Mayor Taylor. Any other questions for Mr. Lennard? I think that's•e
Council Member Margaret Clark: if I might there are other issues 1
immediately enforced. April 5, 2006; they werecitetl -for dilapidated
the issue here is not
~stions then.
violations that were not
and I have a picture here. This
was the sign that was there for many many years AndIhere.was peeling paint it was very embarrassing,
and one of the residents pointed out that Garvey needs to be improved. And it was very embarrassing tome,
I'm on several regional bodies with other council members and the. Garvey Center is within a couple of blocks
of this and it was very embarrassing`to.me to think,thatidthey were coming to our City to a meeting and then
if they go west on Garvey.theywould see that sign;and,the dilapidated position of it and there was nothing
done about it for manyJears~,, believe it was just the~end of '09 which is 3 and half years later. When
we have "stop work: orders we have notice to close business tier it is, "Notice of Intent to Close Business" this
was in May 4, 2006. Knowing that the-City- as watchingfffound it just incredible that they put up a new sign,
without even.bothering'to come into the City to find out the regulations: how big the letters should be, where it
should be put` I'm not sure what day it was done; it was probably on a Sunday when City Hall is closed. And
to me that's just another outrageous violation,where our codes - a sign is not that much to worry about. It's
not about other issues and put-up`a sign that-was not even up to code, it had to come down. And that took
another 3 years to correct. So ftak`e issue with the idea that they will always correct things and maybe right
now...I noticed'the careful word spoken was that there are no existing written violations and that may be true.
But we have picturesof,dead chickens in December of '09 that were just sitting right on the parkway where
people could see, children-could see. Who knows what vermin were coming into those dead chickens and
thatjust...I have so much'stuff here I don't have it at my`fingertips.
Mayor Taylor what picture is that?
Rosemead Community Development Commission and
City Council Joint Meeting
Minutes of March 23, 2010
Page 17 of 29
Council Member Margaret Clark: that's the one. That shows a dead chicken in the parkway. And that's
December, only 3 months ago. And it shows also a cage where apparently the chickens if they see a chicken
has died apparently they kick them out. And so here is a dead chicken down here and eggs rotting on the
ground. And someone spoke about odors that they didn't smell any. Well, this is March. Try August. It's
extremely hot. And everything will smell. So I just take offense at the statement that everything is fine. It
was August 12 of '97 an impact agreement signed.that said they would pay $500 a month for 3 years for the
parking to mitigate the issues of traffic and parking. And apparently the payments didn't' even start for a
couple of years. And that was kind of surprising to me. Another thing I wanted,to'clarify it was stated by a
couple of people including the attorneys that they pay sales tax and I have a.memo here from an attorney
that says that, and everybody knows we don't pay sales tax on food. So there,s no sales tax collected on the
food. They may sell ancillary items but probably minor compared to the poultry'sales. So they're still not a
sales generator. I just wanted to clarify that. I am in favor of the option ,where they stay in Rosemead have
all of the chicken slaughter off site and probably at the Azusa plant.that they have which,is very large facility
and bring the chickens to Rosemead. Rosemead and they wouldn't lose any of their clientele, and there
wouldn't be anyone laid off because perhaps maybe a couple of the people that work in the slaughter
business of it could be transferred to the Azusa pant and"work up there. But the rest that sell1the"chickens
around the counters and work in retail would stay here. So it is an,option1 at,l would like to, put out there.
And it would keep them in Rosemead and the people that like to bu fresh chickens could continue to be
here. So that where I'm coming from and because.there is that option,omthe table I would like to make a
motion that we have a one year amortization with a 3month option to apply for extension. So that's my
L
motion. \ '-,t
Council Member Polly Low: Mr
concern it might cost the city,.thoi
lawsuit. Apparently, the property
good lawyers, very exf
city has to pay for our
spending for the city_ is
Council
Sandra
Mayor. I think I want to look ata different angle; if we go that route, my
lands and thousands of dollars even'millions of dollars, if we go into a
iwner'and the lawyers,here and my understanding is that these are very
yers'`~,So if we go into a lawsuit and in case that we lose, it means that the
we also have to pay for their lawyers, as well. So I'm looking at the
?enormous I'm-verv_concem about that.
e need tosecond the motion before there is any further discussion.
nta: I second
Council Member Low: So my second concern is that if we go down that path; I feel like the resident are
going to suffer because.now they have to wait till the case is resolved before anything is cleaned up. So
mean while they ha4to live with`these conditions. And my third concern is, apparently, if you look at the
audience, we have about,200`6eople, we have about 200 either residents or residents from neighboring cities
that have used their services that apparently really value their services and that's why they come out. And
also, actually I'm totally surprised because honestly the Asian community doesn't usually come out; they just
are a little reserved. By having 200 people out there telling us that they like Cal Poultry to me that is quite a
statement. So in my mind is, we understand the problem; I think that the questions I'm searching is , "is that
the best solution?". Getting them out is that the best solution. Some nod their head but is that the best
solution for the city if the city has to lose so much money by this case and there is a possibility that we can
fight and we can even lose the case and mean while they can still continue to operate.
Rosemead Community Development Commission and
City Council Joint Meeting
Minutes of March 23, 2010
Page 18 of 29
Council Member Ly: This Council knows, members of this audience those who know me that this has been
a very agonizing discussion and a very agonizing period for me on this issue not because I don't know where
I stand, not because I don't know what I feel about the business. Just to kind of give everyone some
background; for those of you that don't know me, who don't know my history, I moved to Rosemead when I
was 3. My parents wanted to be closer to my mom's side of the family; we moved to Barlett Street. When I
lived on Barlett Street (inaudible) Barlett Street has'the Barlett Street gang and I was happy to see the
tagging disappear for a while, it's back again, which is another story for another day. But when I was about in
31dgrade I moved to Rosemead Place around that area I became neighbors with'Mr. Ponce, Mrs. Tury, Mr.
Alarcon and a lot of people here. I also lived pretty closed to the Cal Poultry,siie; 1'4 been to the Council
meetings in the past when this issue was discussed and I will tell everyone~the,story that when I was a kid I
would walk home from school every day with my brother and we would'p`lay a:game. Who can hold their
breath the longest? Now those of you who know me know that I'm ,a pretty busy gu`y;,l m at home but I'm not
at home during the day as often as I would like. And I know that,because of that some people complain that
my yard... thank you Phyllis because of you my yard has improved recently. But on occasion I will walk home
in the evening and sometimes I think well maybe the smell'isn't as bad,as I thought, you knowl'm.not here
during the day. I remember one evening just a couple,months'ago I waswalking home and it was maybe 6
o'clock 7 o'clock in the evening on a summer afternoon and I'walked ,bythe Cal Poultry location on the other
side of Garvey and the odor and the stitch of that was just it reminded me of my childhood, it reminded me
of the game that my brother and I played. Arid'it.is something that i'sw;e`ry,,frustrating and some people have
talked about it in the past; people here on both`sides have talked about'the''Asian community we don't really
talk that much in public and we try an avoid that\ don't know how true that-is, I;do know that in my
household that was something that was true because we fled from•a communist country where we didn't talk
in public about the government or about whatever anything thafwas,controversy and I certainly you wouldn't
be there the next day. So for,my."family we didn't really°talk in the meetings but I was contrary to that and
that's why I did what I did,and I am where I am but what'I do know is when Marlene showed the picture of
that little girl, for those.of.you that can't see it its right there of the little girl holding her nose as she walks out
of Cal Poultry, that remmded,me.of when, was a kid walking by that area and that is something that really
has strong implant in my head`dt's•somethi g that is.incredibly frustrating for not just the neighbors but also
for the businesses; ras; ound that area; we talk about freedom, we talk about freedom on both sides and both
sides have'very legitimate. claim to freedom, you have the right to operate the business as you wish you also
have the right to live peacefully''. \PhyllisTury has the right to be out in her patio on a sunny afternoon on a
Sunday;•drinking ice tea with her girlfriends that is absolutely right without having to worry about stenches.
So this is an•issue of ....I think the best way to put it is, there is a quote of freedom, it says, "your freedom to
through your fist..around ends wh'enlit touches my face", and for both sides right now both sides are feeling
that their faces are,being touched and that is why we are where we are. So here are my thoughts on a couple
things the first one is yes,41-iis.is;an odor issue this is also a land use issue, this is also an animal cruelty
issue or a cultural issue'There are a lot of issues here there is not just one superseding issue that everyone
can say, hey, we solved this, everything is better. That's not the case, yes my neighbors are hurting I'm
hurting, yes this is a small business that has operated for a very long time. I think Brian Lewin said,
sometimes God works in mysterious ways and there might be a reason why its been delayed for three or so
months for us to reconsider this. Let me put it to you also this way, this issue has been delayed for the last
19 years and it is unfair to both sides that this question has been lingering for the last 19 years (inaudible) of
which for myself personally I've dealt with for the last 15 years of that 19 years. I was reading in the paper
about La Puente they have an issue regarding their marijuana dispensaries, they wrote an ordinance, they
screwed up when they wrote their ordinance and because of that all these marijuana dispensaries, where
Rosemead Community Development Commission and
City Council Joint Meeting
Minutes of March 23, 2010
Page 19 of 29
before their ordinance was approved couldn't get it; then they took effect. Now they have a situation where
they have 8 or 9 marijuana dispensaries that are legal rion conforming that are grandfathered in and in a way
I kind of wanted to call a La Puente city councilmen and say hey I know exactly how you feel and I know
exactly the kind of problems that we are going to be dealing with because we are now talking about lawsuits.
And yes it is going to be incredibly expensive, it's going to be incredibly detrimental but my concern with us
moving on the amortization ordinance as we proposed is that I don't know if it can stand up at a court of law.
And that is my biggest concern that is what has made all of this agonizing all this time. What I can say though
and what I do feel is really problematic about everything is the extension application clause. That is on page
3, starting with the letter C. (Mr. Ly read the clause). Folks this is a public heanng, folks we have been
through this about 5 or 6 times now; crowds of this side have showed up 3 W' times now, don't expect that
to change when we they do apply for an extension. I don't think its
neighbors to have to restart this and start this show again. And tha
application on this issue. '
Council MemberArmenta: I do want to hear Mr. Stan Wong;
really like to hear what you have to say. G ti
Mr. Wong: The property is located in the redevelopment. area
of slaughter processing really shouldn't belong-in that area. It
agency to attract viable commercial businesses:'P!,,,~ ,
the business or to my
th the extension
talking on the report,@nd I would
opinion, the operation of the use
redevelopment efforts of the
Council Member Margaret Clark: I wanted to address whabPdlysaid that.the residents would be waiting
until this is all resolved. And that is not necessarily, the case. If 'they were1o take the alternate plan of not
slaughtering in Rosemead but'seekingjhe freshly slaughtered chickens' brought in from, say, Azusa, and
there was one of the residents saw and someone mentioned it tonigl t a sign on the building that said they
would not be slaughtering ford don't know a week or two,and obviously unless they shut the whole operation
don for those 2 weeks they were,seeking`.retail chickens from probably brought in from the Azusa
slaughterhouse Soo think the'onus,.is,now do the property owner what they want to do because we're giving
them this option,evehlf they couUsell retail lomorrowaf they could figure out how to truck the freshly
slaughtered chickens here and so it wouldn't take that long and so I disagree that that is if that happens, if the
residents are put on hold, it's through the.choice'of the property owner and not us.
Council Member Polly Low: I'm ciirious,`I'd like to ask the attorney what is the business impact. I mean,
Mrs. Clark just brought "Polly this suggestion, is that a possibility? What would be the business impact?
Mr. Lennard: My understanding-is if they have to transport the chickens after they are slaughtered, they
would have to be brought by,refrigeration, and therefore they would not be fresh.
Council Member Clark: On that issue, some of the people that spoke last time, 80% of the people who
spoke in favor of buying the chickens in Rosemead and keeping them here were not Rosemead residents.
So by the time they get home from buying the chicken you know, it's a half hour. And we're a half hour from
Azusa. It's not that hard of a problem. And I find it hard to believe that everyone that buys a chicken, say, at
10 in the morning in Rosemead goes home and pops it right in a pot or an oven. And I would venture that
many people put it in the refrigerator until the evening if they're going to have a family Lunar New Year
celebration or whatever. So I just don't' see the issue of a little bit of time of refrigeration. If they really want it
Rosemead Community Development Commission and,
City Council Joint Meeting
Minutes of March 23, 2010
Page 20 of 29
fresh come at 7 come at 10 in the morning wheneV'er they want it it'll be a half hour out that it had been
refrigerated. So I really think that this is a much better solution than all these court cases and people can still 11,
buy their chickens.
Council Member Low: I think the difference is, the community, or at least the audience out there, they
actually like buying it fresh meanings that it, kind of like the body is still warm instead of being refrigerated.
think that's why their business attracts so many people versus....
Council Member Clark: Are you telling me that everybody cooks their chickenimniediately? Because if they
don't it's going to spoil before they cook it.ry vaf
Council Member Low: I don't want to speculate. I'm just reading youknow what people seems to like, is to
buy it fresh.
lm,.
Council Member Clark: Well, that's - we can't have slaughtering. So we're trying to find4compromise, and
A, Y
I think this is....
5,
Mayor Pro Tom Ly: we've been presented by planning commissiohsa!'3 year amortization and Councilwoman
Clark proposed 1 year with 3 months extension ,,Can staff both in your experience can you explain similar
`f, iz
cases what the outcome was.
7if.y *i Gy.,...d+
City Attorney Joseph Monies: first issue is this is \\a practical+matter - 3 month`s wouldn't do much good
because you have to begin the application 6 month`s„ahead Ordinance;;also, lets continue hearing as
r. ..,V
needed this would be essentially a15 month amortization.....
A _
Mayor Taylor my understating 1 year Swould not be enough time and courts would throw it out. Lennard you
said in the minutes if only gave'';1.,year_ ordinance that you saitl+.. do you recall?
you made
is going to back up a 1 year ordinance.
Mr. Lennard:"Mr:,Mayor, if I did'rhave no`r`ecollection of ever saying that. I would suggest to you and
perhaps your city attorney but 1 year amortization on a business that's been in business for 20 years; I do not
think would be sustainable by a court.
Council Member Low: I wa. nt to echo what Mr. Ly:said about the extension. think if we're going to do it we
should just have a fixed time instead of going through the pain again of a hearing. Basically, I'm saying
whatever the Council would do would do without an extension.
Mayor Pro Tem Ly: we've discussed this in closed session and I'd prefer to leave it that way. I'm not aware
of any one year that has been challenged. But Mrs. Low pointed out tough economic times. An employee
came up and said it would affect him and his family if he lost his job.
Rosemead Community Development Commission and
City Council Joint Meeting
Minutes of March 23, 2010
Page 21 of 29
Council Member Clark: I already stated that the option that I'm proposing, of selling retail in Rosemead,
slaughtering elsewhere would not lay off anybody. I'll amend my motion to make it 18 months without
extension.
Mayor Taylor Is there a second to the amendment there.
Council MemberArmenta: I'll second.
(Someone speaks from the audience - inaudible)
Mayor Taylor. Yes, there is discussion and I'm not going to go for it, only"in the sense that the attorney that
is in the Planning Commission, Greg Murphy, in those minutes he also`made the:comment of one hour. And
the minutes were here and I'm sorry I didn't tag them out but msnot;,about to let this~sliio by in the sense
that ...the comment was that I don't have it it front of me 7"
Council Member Clark: I can read the comment; you are f Ikmg abou the Planning Commission?
„a
P,0j
Mayor Taylor. Yes the Planning Commission, when he spoke at the public hearing what did he say?
Council Member Clark: he said, "and if you thinkAhaU
investment capital when they know they are going6to,be
not going to happen. So I don't know if that is at yoi
Mayor Taylor. But I wanted, to'Q,`something thats b&
commented, and Mrs. Low.ihas madethe comment on c
and how did we let it get awa' y7so long."And it states in
Mrs. Clark states did they paylhe $500 a month for 3
information whether thev paid that.or,,note v;y , r.
successful businessman is going to start
t=out of business's ''Ahd then there is dash 3 "it is
too.
going on forimany years and people have
Brent occasions, here that how did this happened
minutes there that they paid $500 a month and
wars or 18 thousand dollars. What was your
Phyllis Turyi lianded out a document but;Eity Attorney Mantes does not allow it since the public hearing has
Mayor Tavlocall right it state here..then"itgoes on to the Planning Commission. The Planning Commission
then adopts a oneyear non conformance use amortization period which in no way will stand up before any
court. Now who's making that comment? Mr. Lennard. You say it will not stand up in any court.
Mr. Lennard: Mr. Mayor'wlien"you asked me before I said I did not recollect.
Mayor Taylor: That's right. Do you recollect now?-
Mr. Lennard: what I said after that is that I said that in my opinion it would not be sustained by any court. I
just made that comment.
Rosemead Community Development Commission and
City Council Joint Meeting
Minutes of March 23, 2010
Page 22 of 29
Mayor Taylor. ok we're on the same track. It would not be sustained by any court. And that's why I'm not
going to vote for this motion we have now because we know that goes into any court and says, "That's not
enough time and they'll throw it out and do it over. That's what's going to happen.
Mr. Lennard: That would be my opinion.
Mayor Taylor But my point is that this has been going on for several years, not the last 2, 3, or 5 years. My
understanding is they bring in 3 to 5 truckloads of chicken every day. That's in the report that we have. I
can't tell you how many cages are on that truck but I received these pictures.4,days ago regarding the Azusa
plant which is a semi trailer and I just roughly tried to count the cages that,are!on that truck. And my estimate
is that there are over 5000 chickens on that truck as it comes in if those cages are full. Now they may not
have a semi coming into Rosemead but it does state in here that they must have.a tailgate loading truck-just
picture 3-5 trucks coming in. And how do they clean up. This is Just,one`cage left `Dead chicken, eggs on
i there a dozen cages on our truck? Are
the parking lot, feathers and such. Now I can only_speculate,/
Are
there 30 cages. We don't have that information. But my point is that when these trucks c bin 3.to 5 times
a day and leave this debris of feathers, broken eggs, bird poop ,call it anything you want to Tand.occasionally
dead birds, 3 to 5 a day. Now compound that out I don't' know 'ifjthey 'get th'e deliveries 5 or,6'days a week,
but that's a lot of transportation for chickens out on the entryway:`Tfie point I'm trying to make is when the
workers come out and we have other pictures'of,them hosing the driveways down. Now where does that
water go when the hosing is being done? We have'pictures of blood out owthe concrete. How often does
that a happen? Not being a mathematician I'm tryingi
single day and procedure is, wash it all down the drain.
way to do it. You have to hose that down into the drain
that there are no existing written,complaints. How if you
and say look at this is going on. Here it is. It doesn't wi
once a month. It just goes on and on and on. And I am
they got their application to come in and or their busine:
It has just grown so large now\lts expandedtieyond.its
out how mahytruckloads come in every
my way it can be done. There's no other
item'-AhdA!s,Gery frustrating to hear this going on
Dught in a,toftle of chicken odor when you come
that way.; You go down there and once a week or
of it personally because I was here in '91 when
establish it. It was a smaller business at that time.
ility. So when the gentleman stands up back here
and he says; ~'y,kresidents of Rosemead, you don't.want a chicken store down there now move out of the
city." How arrogant camyou get with'ourlong time residents? Any residents. (Applause) To tell the residents
to move out of the city - we want our chickensWe're not against chickens. This comment been made.
"Bring the.chickens down and you and open.up a meat market, a chicken market, you name it:' You can still
keep a retail, business. Just get~rid`of the slaughter portion. I'm tired of our residents having to live with it for
decades. 1 i
Council Member W. Mr.,Mayor. So do you have 'a motion on the floor. 18 months with no extension is that
correct?
Council Member Clark: 18 month amortization with no extension.
Rosemead Community Development Commission and
City Council Joint Meeting
Minutes of March 23, 2010
Page 23 of 29
Council Member Margaret Clark made a motion, seconded by Council Member Sandra Armenta, to
introduce and an Ordinance with an 18 month amortization and no extension. Vote resulted in:
Yes: Armenta, Clark
No: Low, Ly, Taylor
Abstain: None
Absent: None
Motion failed.
Mayor Taylor. So that motion fails. And I can understand we're trying~to work out a solution here but I do
understand that the courts would kind of just get a joke out of it Howare we going to take this business and
speed it through and get it all done in 18 months. g
r are '^r
Council Member Clark: I disagree, Gary because the
were in favor of that.
Mayor Taylor: No, well, you didn't specifically clarify that.
Council Member Clark: Well, that wasn't part'oftf}i
tomorrow if they wanted to. They did it when theY.2v
the chickens in from, whatever, probably Azusa.
wfado
Mayor Taylor. So, my feeling Is~~x,,,er., , pt this ordi
worked out on a basis of gettinq with the~owner and
4 is for them to sell retail, and you,just,said you
klix
°.''A
Etta
- it doesn't have , to - they can sell retail
=d temporarily'forasome reason. They brought
We've g6t3 years. Plenty of time for it to be
"sell the chickens, you can have a meat store, but
the slaughterhouse portion';h%ad to go.
Council Member Clark: Well we're sa`ying(th`ataright;nowF'I mean, I am, maybe everyone doesn't agree with
that but the retail,portiohi (inaudible) nd I think because we have the option on the table where they can stay
there butjust not slaughter;,ltdon t thmWthat's as onerous to a judge as if we were just kicking the whole thing
out. And that's my point. ? 1F
IF"
Mayor Taylor: Can we get a newfmotion theh? Since we needed it clarified.
Council Member Clark: I'll move,2 years with no extension.
Mayor Taylor. The attorney says wait, for some reason.
City Attorney Joseph Morites: I just want to clarify. My understanding is according to staff, the current owner
of the business owns 2 adjacent buildings 1 building they currently have the chicken slaughtering business in
and that is a grandfathered use of that building. In the adjacent building, it is zoned for retail purposes and
current retail sales can be made out of that. I'm not aware if retail sales can be made out of the existing
building that's used for slaughtering. So if staff can clarify that.
Rosemead Community Development Commission and
City Council Joint Meeting
Minutes of March 23, 2010
Page 24 of 29
Mayor Taylor. Mr. Wong. Please clarify for me also in the sense that they had an existing building they were
slaughtering the chickens in that particular building when they first started and they also had the retail chicken
sales in the same building. So I might have confused the issue here but Mr. Montes, did I confuse the issue?
Mr. Monies: I'm trying to clarify if the genesis of the motion is they can continue retail sales without the
slaughtering, I just want staff to confirm that retail sales can be made from those buildings if the slaughter
operations is ceased.
Mr. Wong: that is correct.
Mayor Taylor. So they do have the option of saving the business but,the slaughter
moved. These pictures that I was given it appears that the Azusa plantfand I'm onl
it looks to be 3 times bigger than the Rosemead. I could be wrgn`g.and that would l
And I hope we can reach a consensus of keeping the store sales of the chickens in
slaughtering has to go.
Council Member Clark: My motion was that was a given.
without the extension.
Mayor Pro Tem Ly: the motion was 18 month
retailing.
Council Member Clark: And if they choose to
moot. Because they wouldn t Piave to.\
Mayor Pro Tem Ly:
Council Member
the people workin
Mayor.,Taylor I appreciate
do have aright to sell the c
still sell chickens in
m period for
the 18
part of it has to be
iggesting the fact that
~-to be worked out.
se "mead but the
not chicken
slaughter elsewhere then it's all
Rosemead... slaughtering is...
they can keep the same clientele, keep all of
ittle bit more as far as I think we're all in agreement that they
to come with a solution of stopping the slaughter.
Mayor Pro Tein;Ly:.Mr. Mayor my.concern with the one year two year and even to the extent of 3 year is that
none of those periods in my opinion will hold up in a court of law and even though I genuinely understand the
concern of my neighbors and,l•genuinely understand the concerns of my neighbors on this issue; I guess the
question is what is the role that we play as Council right now. Is our job to say okay we are going to vote on
a 1, 2, 3, x number of year°amortization period; whatever the judges say that is fine with us and then it goes
to a judge and a judge throws it out and then we are back to square one and we have everyone here again.
Or is our job to choose a date that we feel would be.genuinely workable and that would survive in a court of
law and in which case a judge would uphold it and in x amount of years, whatever those years are, they are
gone. And just be clear that is the question that I been debating with everyone on and I've asked how they
feel about that specific issue. So my concern is a one year or two year and to extending it to three year would
not be able to withstand a judge.
Rosemead Community Development Commission and
City Council Joint Meeting
Minutes of March 23, 2010
Page 25 of 29
Council Member Low: I think I have the same concern. This business has been in the City for 20 years and I
feel that in one year or three years that would not stand up in court and that is why I'm concern that if we go
to litigation we don't have a good chance in winning the case. And that will cost the City a lot of money. I
strongly feel that the quickest way to solve this problem is to have the City work the property owner, to have
the property owner pay for a consultant to come up with .a solution and how to mitigate this problem. How to
mitigate the odor issue and put in the (inaudible) that they need to put in and pay for it by the property owner
and resolve it so that the residents can have this problem removed as soon as possible. Sometimes I feel
like, can this be done, but you know what we are in the United States we have the technology to put a human
in the moon; how come we don't have the technology to clear out the odor. 1-don'f6derstand that so I don't
buy it, I feel that we have the technology and we have a gentleman up here and express that. He has seen
equipment that can resolve this problem. Why not do it and here the property.owner is willing to pay for it
It doesn't cost the City any money. I would ask staff to work very hard-to set very.slrict guidelines and make
sure that it is done timely and as soon as possible. I think that is j e,quickest way an'd'the cheapest way to
solve this problem.
Mayor Pro Tem Ly: With all due respect to CouncilwomarrLowj disagide with that assessment` The
problem is with that location people say go to downtown; they have slaughtering in downtown and they have
these new odor mitigations. Well, I go to downtown and even thougMh'tlhey have the most up-to-date
facilities, it still smells. That odor doesn't disappear. The fact of the matter is, where that Cal Poultry location
is at, if I'm not mistaken, its within 100, 150 feet aw y:from of residents thi ,,location is too close to
residential and I think this is what one of our staff~saidieaflier that Cal Poultry would be a land use
issue ...one of the reasons why a lot of our neighboring cifies have made it illegal, including South El Monte,
El Monte, Temple City, basically all our neighboring,cities, including Monterey Park ect. Is because the odors
are so difficult to control. The runoffissues are so difficult to control).And that's why you have manufacturing
areas. People say what yowhave in•Rosemead, its industrial, its industrial right now but the city has been
trying to change that for..quite.some time,) Even the previous Council, a year and a half ago the previous
Council they put in the generahplan that are as high density mixed use. Because they didn't agree with
manufacturing alongthe commercial corndor.of Garvey.,ln our current general plan proposal that's coming to
this council soon enough l'm sure` we're planning'Garvey to be mostly commercial and combined mixed use
and things,like that because Garvey weloke only 3 nice things about Garvey -the bridge, the Community
Center;'ahd,the medians... `.even,in the proposed general plan that area is not designed to be made for
chicken slaughter. It's not designed for manufacturing or light industrial....
Council Member Low: But Mr. L'y lithink I agree with part of what you're saying but what I want to pint out is
as the City move forward, as we change the general plan as we want to improve Garvey that doesn't mean
the City has the right to push business out, especially business that's bee in our city for a long time. So I
think we need to be carefUat'the same time we want to show the business community that we do welcome
that. I mean this is a case another business wants to come in they would hesitate because here we are
getting rid of a business that's been here for 20 years
Council MemberArmenta: Nobody's saying we need to push them out. They have the option of doing
retail. Now the ball's in their court. The opponents here - they want the retail, we give them retail, but
slaughter somewhere else.
Rosemead Community Development Commission and
City Council Joint Meeting
Minutes of March 23, 2010
Page 26 of 29
Council Member Clark: I just want to say the same thing. We're not pushing a business out, and I take
offense at that. And also I want to clarify that Rosemead is not like the city of Industry or maybe the city of
Azusa that have certain areas of industrial. We have what I believe is called strip zoning where our major
thoroughfare is commercial or industrial and then right behind it within 100 or 200 feet is often residential.
And that's the case here you have people living right behind and last time we had people testifying that they
had health issues. We had one person actually told me later she had a sister, they lived all their lives there
behind this company and the sister had to have a lung transplant. Now nobody knows whether that directly,
we can't say it was or wasn't, but who knows? And we're talking about quality of^life,here. And we have an
option on the table for them to continue to sell retail and I think we need to come Ea conclusion....
Mayor Taylor. I have a little - I said it was 3-5 trucks a day. I just a
20 trucks a week, times 50 weeks they deliver chickens how man
week? Anyway I'm just using 5 days that's 20 thousand trucks corn
frame. Every one of those trucks that come in there. How many of
and turkeys, ducks, on the freeway and feathers are flying e`verywhi
lots, this can't be the only cage that has eggs drops downfeathers
19000 trucks, the number of chickens, that s go to be a million chiO
parking lot and it just gets washed down.
City Attorney Joseph Montes: Mr. Mayor just for pur
of the City Council of the City of Rosemead, Califorr
Rosemead Municipal Code relating to the amortizati
Should someone make a motion and you all considf
to the ordinance as its draftedsin'thestaff report and
of the ordinance and that,vou are adootino the nega
Mayor Taylor. What is the time}frame ii
r,.
Mr. Montes: As currently,drafted it is 3,y
Mayor Taylor. Okay then that`needs to
Council Member Clark: I make la' motic
Mayor Taylor You want two years;and
ordinance?
ged`it,to be 4 trucks times 5 days is
ys a weeek?~.Your saying 7 days a
town there in the 19 years time
have driven behind:trucks, chickens,
when they pull.intothose parking
chicken manure, whatever, that's
rThat has to be cleaned up in the
of process you are considering Ordinance No. 883
.nding Chapter 17:12, of Title 17 of the City of
ionconforming poultry slaughter businesses.
Ie motionahbuld be clear; if there are any changes
iith understanding you are waiving further reading
n to amend it to_2 years.
its not to put them out of business....
Mr. Montes: I'm sorry the ordinance simply requires the cessation of poultry slaughter business. It does not
speak of poultry sale. ` Y
e
Council Member Clark: The ordinance as stated by the City Attorney but changing to two years.
Mayor Taylor well that does change it a little bit; they do not have to move out of the city, they do not have
to dispose of the buildings.
Council Member Clark: They don't have to do that at all they just can't slaughter.
Rosemead Community Development Commission and,
City Council Joint Meeting
Minutes of March 23, 2010
Page 27 of 29
Council Member Margaret Clark made a motion, seconded by Council Member Sandra Armenta, to
introduce and an Ordinance No. 883 with a 2 year amortization period and no extension. Vote resulted
in:
Yes: Armenta, Clark, Taylor
No: Low, Ly
Abstain: None
Absent: None
Mr. Montes stated that this was the first reading of the ordinance and
at the next meeting for a second reading.
Mayor Pro Tern Steve Ly: I would like the record to reflect
the confidence of the ordinance and it surviving in a court o
7. CITY COUNCIL CONSENT CALENDAR
A. Claims and Demands
Resolution No. 2010 - 20
Absent: None, have to be brought back
Recommendation: Adopt Resolut
amount of $640,781.81 numbered
inclusively.
Council Member Margaret Clark made a motion,
the consent calendar. Vote resulted in:
I'll, 71-
,,,~!Y,es:. Armenta, Clark;,Low, Ly; Ta
No- None, ".9' Abstain: None,
that I did not feel
for payment of City expenditures in the
0777 and 69106 and 69241,
Council Member Polly Low, to approve
9. COMMENTS'FROM MAYOR &CITY COUNCIL
Council Member Clark asked that the meeting be adjourned in the memory of Lillian Sacco who was a
member of the Rights for-(inaudible) and we can all agree that she was very active in the community and we
all appreciate everything.sfie did.
Mayor Pro Tern Ly stated he wanted to congratulate Council Member Clark on the successful appointment in
the SCAG committee; it was a very closed election but thankfully El Monte, South El Monte, and Rosemead
decided to maintain Councilwoman Clark as she has dealt with issues, such as, AB375 (land use issues).
Mr. Ly added that he also wanted to once again speak on the few pieces of parcels in Rosemead that would
be great as parks; he asked once again that the Southern California Edison representatives sit down with the
City and discuss this issue with staff.
Rosemead Community Development Commission and
City Council Joint Meeting
Minutes of March 23, 2010
Page 28 of 29
Council Member Clark stated that she would like to thank the Council Members that came and vote for her
on the SCAG. ,
Council MemberArmenta apologized for not attending.the City's Yard Sale but stated that she heard the
yard sale was a success and added that she was looking forward to it next year.
Council Member Clark stated that she did agree with Brian on the extension of the time because of lot of
people had church responsibilities and thought it would be a good idea to extend1he time to 2 or 3 o'clock
11- 11 -1
City Manager Jeff Allred stated that the City had been contacted by
stated that they preferred to move the yard sale to Saturday instead
Mayor Taylor stated he would like a complete report on the mix-us
project on Mission and Rosemead. He stated that Council app ovec
back wanting to change that because they could not find buyers for
list of the current occupancy residents and how many businesses b
I.- I
hern`Califomia Edison and they
"G
~nday
sidential and commercial on the
for residentialtuse and they came
units. Mr. Taylor,also asked for a
3e, there are still signs for sale there.
10. ADJOURNMENT
The meeting adjourned at 10:19 pm in M
Commission and City Council meeting is
p.m., respectively.
i Sacco. The neztj int Community Development
akeplace on April 1Y'2010 at 6:00 p.m. and 7:00
Gary Taylor, Mayor
ATTEST:
Gloria Molleda
City Clerk
Rosemead Community Development Commission and
City Council Joint Meeting
Minutes of March 23, 2010
Page 29 of 29