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CC - Minutes - 07-09-13Minutes of the City Council and Housing Development Corporation Joint Meeting July 9, 2013 The joint meeting of the Rosemead City Council and the Housing Development Corporation was called to order by President/Mayor Low at 7:00 p.m. in the Rosemead City Council Chamber located at 8838 East Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE: Director/Council Member Armenta INVOCATION: Director/Council Member Clark PRESENT: PresidentlMayor Low, Vice PresidentlMayor Pro Tern Alarcon, Directors /Council Members Armenta, Clark, and Ly STAFF PRESENT: City Manager Allred, City Attorney Richman, Assistant City Manager Hawkesworth, Community Development Director Ramirez, Director of Parks and Recreation Montgomery- Scott, Public Works Director Marcarello, and City Clerk Molleda 1. PUBLIC COMMENTS FROM THE AUDIENCE Adolfo Ponce — stated he has sent several pictures to Council Members and staff during the past year showing them how Cal Poultry continues to break the rules. He explained that the owner is seen taking down caged birds from a truck in a section of the parking lot that they are not allowed to be using for these purposes. He then urged Council Members to look into Mike Lewis, who was representing Cal Poultry in the past, and look into his ethics violations. City Manager Jeff Allred — stated that they have looked into the issue of unloading chickens outdoors and it does not appear to be in violation of any ordinance. Mr. Ponce — explained that the issue was not about the chickens being outside or being unloaded outside, but that they are not allowed to be using that area to unload them. He then stated that Cal Poultry had agreed to only use the gated section to unload. Director /Council Member Sandra Armenta — inquired if Mr. Ponce had the ordinance with him. Mr. Ponce — answered that he did not but was told by City officials that Cal Poultry would be breaking the rules if they unloaded outside the gated area. President/Mayor Polly Low — suggested that staff look into the issue further. Rosemead Housing Development Corporation and City Council Joint Meeting Minutes of July 9, 2013 Page 1 of 9 Vice President/Mayor Pro Tom William Alarcon — mentioned that one of the conditions the City had agreed upon with Cal Poultry was the installation of a filtration system. He then asked Community Development Director Michelle Ramirez whether they had done so or when they were planning on it. Community Development Director Michelle Ramirez — stated she did not know. DirectodCouncil Member Margaret Clark— requested staff to contact the business to further discuss this. Community Development Director Ramirez — stated that staff calls them on a weekly basis. DirectodCouncil Member Clark— stated that some of the pictures did not look right to her and it seemed like the business was trying to evade some of the conditions that were set. City Attorney Rachel Richman — echoed Mayor Low's suggestion to have staff look into the issue and report back to Council. 2. PRESENTATIONS • Presentation of Plaques to outgoing Planning Commissioners President/Mayor Polly Low thanked Joan Hunter for her services and presented her with a plaque. Ms. Joan Hunter — thanked the City Council for giving her the opportunity to serve these past years Director /Council Member Steven Ly— thanked Ms. Hunter and her family for their commitment to the City, as her husband was a former Mayor and Council Member. He also thanked her for serving on the Chamber Board and being involved with the community. DirectodCouncil MemberAtmenta — thanked Ms. Hunter for her dedication and echoed Council Member Ly's sentiments. She thanked her for being a founding mother of Rosemead. DirectodCouncil Member Clark — thanked Ms. Hunter for all her hard work, and mentioned that since she has served on these committees previously, she is aware that it is a hard job at times. President/Mayor Low— stated she will miss Ms. Hunter, and told her the City will always be there for her. She then stated that the City has a plaque for Victor Ruiz as well, who was not able to attend the meeting, and will send it to him. Public Safety Coordinator Mandy Wong — spoke about the Relay for Life event, which will be taking place July 13 -14 at Rosemead High School. She invited members of the Council and the community, and went over the itinerary. She handed bags to Council to decorate, which will be placed with a battery operated candle around the track. She urged community members to buy a bag for $10 and urged survivors to sign up. DirectodCouncil MemberArmenta — lamented that she will be at a Latino Retreat in Monterey during the weekend but was glad that her sister would be able to represent her. Rosemead Housing Development Corporation and City Council Joint Meeting Minutes of July 9, 2013 Page 2 of 9 Director /Council Member Ly— commended Mandy, the City, and Kiwanis for their hard work. He stated that because his dad passed away from cancer, he knows the importance of donating blood, which he did before this Council meeting. He urged residents to also donate. He then mentioned former City employee Jan Saavedra, since the City is doing the event in her honor this year, and spoke about her own cancer battle. Director /Council Member Clark — apologized that she will be out of town for the weekend. She sent her thoughts and prayers to Ms. Saavedra. She then mentioned doing a tour of the Red Cross in Cal Poly, and was surprised to learn that blood only lasts 42 days. She also urged residents to donate blood and commended Mandy Wong for all her hard work in regards to this event. Staff Manager Allred — also thanked Mandy Wong for being the team captain of the City 3. CONSENT CALENDAR A. Minutes May 14, 2013 — Regular Meeting May 28, 2013 — Regular Meeting June 25, 2013 — Special Meeting B. Claims and Demands Resolution No. 2013 — 06 Recommendation: to approve Resolution No. 2013 — 06 entitled: A RESOLUTION OF THE HOUSING DEVELOPMENT CORPORATION OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $204,799.98 NUMBERED 1558 • Resolution No. 2013 — 38 Recommendation: to approve Resolution No. 2013 — 38 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $492,868.40 NUMBERED 81573 THROUGH 81693 INCLUSIVELY • Resolution No. 2013 — 39 Recommendation: to approve Resolution No. 2013 — 39 entitled: Rosemead Housing Development Corporation and City Council Joint Meeting Minutes of July 9, 2013 Page 3 of 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $582,385.58 NUMBERED 81694 THROUGH 81737 INCLUSIVELY C. Request for Event Sponsorship and In -Kind Services The Joy of Kung Fu, a regional martial arts organization, is again requesting City sponsorship of their community -wide Fitness Awareness Day scheduled for Sunday, November 17, 2013 at the Garvey Community Recreation Center through the provision of in- kind services valued at $1,100. Recommendation: That the City Council approve the request of Joy of Kung Fu for sponsorship of Fitness Awareness Day 2013 in the form of in -kind services valued at $1,100. Director/Council Member Steven Ly made a motion, seconded by Director/Council Member Sandra Armenta to approve the Consent Calendar with the exception of Item D. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None D. Approval of Professional Services Agreements for On -Call Engineering Services The City utilizes professional consultant services for design of capital projects involving street, landscaping, transportation, and utility improvements. As the work load requires, staff will utilize these firms to perform design services, traffic engineering studies, public works inspection services, review of private development projects, geotechnical services, survey work, and special analyses. The on -call professional services agreements will continue to provide the City with the ability to obtain multiple bids for services on a project -by- project basis and help ensure efficient service delivery to the community. Recommendation: That the City Council approve the professional service agreements to provide as needed on -call professional services and authorize the City Manager to execute the agreements. Director /Council Member Steven Ly excused himself prior to the discussions on Item D and started it was due to a possible conflict of interest. City Attorney Richman — stated that since the matter is on the Consent Calendar, Director /Council Member Ly is not required to exit, but is required to state what his conflict of interest is. Director /Council Member Ly— stated that his brother works for one of the on call firms. Rosemead Housing Development Corporation and City Council Joint Meeting Minutes of July 9, 2013 Page 4 of 9 City Attorney Richman — explained that Council Member Ly could stay and would not have to participate in discussions or voting. Director /Council Member Sandra Armenta made a motion, seconded by Vice President/Mayor Pro Tern William Alarcon to approve Item D. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low No: None Abstain: Ly Absent: None 4. MATTERS FROM CITY MANAGER & STAFF A. Six -Month Review of Conditional Use Permit 11 -14 8772 Valley Boulevard On January 8, 2012, the City Council approved a new On -Sale Beer and Wine (Type 41) ABC license at the Hunan Seafood Restaurant, located at 8772 Valley Boulevard. During that meeting, the City Council requested a six -month review of the Conditional Use Permit. The purpose of this report is to provide the City Council with an update regarding the applicant's compliance with the conditions of approval for Conditional Use Permit 11 -14. Recommendation: That the City Council provide further direction on this item. Associate Planner Lily Trinh reviewed the Staff Report Council MemberArmenta — explained that the Minutes of the City Council meeting six months ago clearly stated the steps Hunan Seafood Restaurant needed to take in order to -prove themselves as a legitimate business that follows City laws, detailing the violations in depth. She then stated this was troubling because they should have been on their best behavior, especially during the first six months. She asked if staff could detail the violations. Associate Planner Tdnh — explained that they were told to open up the hallway to show a connection between the front and rear of the restaurant, and they had done so during staff's inspection. She then explained that during Public Safety's inspection, they had put drapes and stored material in that pathway that was supposed to be clear and open to the public. She further stated that they were supposed to cover up the dance floor since their entertainment license was not approved but the carpet and tables were removed during Public Safety's inspection. She explained that there was a dance floor, along with a piano and karaoke machine which was in use. Community Development Director Ramirez — stated the City was trying to be business friendly by not ripping out the dance floor and letting them cover it up with a rug, and thought it should have been ripped out instead. Rosemead Housing Development Corporation and City Council Joint Meeting Minutes of July 9, 2013 Page 5 of 9 Associate Planner Trinh — stated that Hunan Seafood Restaurant was approved for a beer and wine license only, and Public Safety witnessed them serving hard liquor. She also stated staff had made the owner sign and notarize a document stating that he would not be placing the piano on the dance floor, and Public Safety witnessed live entertainment with the karaoke machine, piano, and dancing. She then stated that another condition was the presence of surveillance cameras, and Public Safety found that these cameras were inactive. Community Development Director Ramirez — explained that surveillance was a big issue that was discussed multiple times with the owner, and he knew that it should have been operable at all times. She stated the owner had been told that Public Safety could show up at any time and demand to see the tapes. Mayor Polly Low announced that there were speakers on this item. Brian Lewin — stated that given the history of this establishment, these findings were not surprising to him, as even Chief of Police Tim Murakami had expressed his reservations months ago when he stated he would rather prevent problems up front than have to clean it up later. He understood that sometimes businesses unknowingly break City codes, but stated that this business has been deliberately breaking the rules when they have been told not to. He then urged the Council to teach this business and other businesses which are watching a lesson by not rewarding their bad behavior, because it would set a dangerous precedent. Tony Tan — stated that he owns Hunan Seafood Restaurant, which has been losing money on a regular basis. He explained he had to change the licenses to under his name after divorcing his wife, since she used to take care of that aspect. He explained the City set conditions which he has been trying to follow but other businesses also use karaoke machines without a license. He explained that he had to bend the rules in order to make a living and earn money. Michael Lewis — stated he represented Mr. Tan and was involved in the initial permit, claiming it was a problematic property long before he got involved. He stated that in hindsight, it probably was not a good idea to expand an already struggling restaurant. He then explained that the owner's desire for the alcohol and entertainment license was because of the possibility of bringing more people through the door. He explained that the back of the restaurant has not been used except during a birthday party where they used a karaoke machine. He then suggested turning it into a banquet room. Council MemberArmenta — stated she went to the restaurant to listen to Mr. Tan's promises, and he has not lived up to any of them. She explained that him notarizing a document stating he would not put something on the dance floor and then breaking that promise makes the City look inadequate. She lamented the fact that he is going through personal issues, but there are laws which must be obeyed, and the City should not look the other way. She cited Chief of Police Murakami's concerns, and said that the business is not City friendly. She stated that a business can not break the law because they are not getting the amount of patrons that they want. Council Member Ly— inquired from staff what the options are if the Council wants to help the business. Rosemead Housing Development Corporation and City Council Joint Meeting Minutes of July 9, 2013 Page 6 of 9 Community Development Director Ramirez — stated that the Council could ask for this matter to be brought back in three months in order to see if they are compliant. She suggested checking up on the business every three months for up to one year. She then explained that in regards to revocating the conditional use permit, the business has been informed that they need to make the establishment look the way it looked when they got the permit, and they have 30 days to do so. She explained that they cannot n;vocate the permit if they are in compliance after this time, but the decision will be up to the Council if they are not in compliance. City Manager Allred — suggested the three month review. Council Member Clark— inquired if the City can shut down the business immediately if they wanted to do so. Community Development Director Ramirez — explained that this cannot be done because they have the 30 days. City Attorney Richman — explained that besides that aspect, the conditional use permit has due process rights associated with it and the business would get a hearing. Community Development Director Ramirez — stated the 30 days started when the business got cited by Code Enforcement. Council Member Clark— expressed her concerns, especially in regards to the karaoke machine since it should not have been there in the first place. She stated the business has lost their credibility due to violating such a multitude of conditions. Community Development Director Ramirez — stated that according to their beer and wine license, there should always be food served with the alcohol, and there should not be anyone with just a drink on its own. Mayor Pro Tem Alarcon — inquired how converting the restaurant into a banquet type establishment would affect the conditional use permit. Community Development Director Ramirez — stated the conditional use permit would stay the same unless they were asked to revocate it. She explained that in that case, they would issue a new one which would look identical. She was unsure if it could be changed to a banquet type establishment, and was unsure if they would need to build a parking lot. She advised them to speak to the building department to figure out what needed to be done, and explained that the booths would have to come out. Mayor Pro Tom Alarcon — inquired if the business would get extra time if they were to make these changes. Community Development Director Ramirez — answered they would not, and that the owner would need to come into compliance immediately. She further explained that Public Safety had visited the establishment yesterday for a follow up inspection, and they saw that nothing had been changed. Council Member Ly— inquired if staff would want Council to run a 30 day clock or 3 month clock. Rosemead Housing Development Corporation and City Council Joint Meeting Minutes of July 9, 2013 Page 7 of 9 Community Development Director Ramirez — stated that it would be very business friendly if staff did an evaluation every three months for twelve months. Mayor Low— stated her disappointment with the restaurant and informed the owner that Council has gone above and beyond to help his business. She stated that he knows the rules he has to follow and he chooses to break them. She explained that if it was her call, she would revoke the license right away since she does not trust him anymore. She then stated that she would give them the 30 days but if staff wants a review after 3 months, that would be fine. Community Development Director Ramirez — stated that they can give them 30 days, which will make it July 19th, and bring it back to Council on July 23rd where they could make a recommendation. Mayor Low — stated that they will see how compliant he is after 30 days, and there would be no point in giving him three months if he isn't compliant at that point. City Manager Allred — recommended pushing it to the first meeting in August since the deadline is so close and the Agenda for the July 23rd meeting looks full. City Attorney Richman — agreed because staff needs to make sure they will be comfortable with what they would be presenting. Council Member Steven Ly made a motion to bring back the matter for review on August 13th, seconded by Council Member Sandra Armenta. Vote resulted in: Yes: Alarcon, Armenta, Clark, Low, Ly No: None Abstain: None Absent: None 5. MATTERS FROM MAYOR & CITY COUNCIL Council Member Armenta — thanked all staff members, especially the Parks & Recreation Department who were under the guidance of David Montgomery-Scott, for a wonderful 4r^ of July Parade. She stated it was the most attended 4th of July Celebration the City has had thus far, and she has heard positive reviews from many residents, especially in regards to the fireworks show. She liked that the floats were displayed next to the stage so that people were able to examine them closely, but mentioned that somebody stole the basketball pinata. Mayor Pro Tom Alarcon — commented on the parade, and commended staff members, especially Community Development Director Ramirez and Assistant City Manager Matt Hawkesworth, on doing a great job directing Council. Rosemead Housing Development Corporation and City Council Joint Meeting Minutes of July 9, 2013 Page 8 of 9 Council Member Ly — echoed everyone's praises about the festivities. He further stated that the addition of the 5K this year probably had to do with the increase in attendees, and hoped Parks and Recreation Director Montgomery-Scott was already in the planning stages of next year's 5K. Council Member Clark— agreed with all the Council Members, and said it was a wonderful day. She stated that she liked the idea of adding the 5K run and was glad that she and Mayor Low were handing out the medals and not running. She explained that combining the two events made sense, since the streets are closed off for the parade anyway. She then inquired about the workshop happening the following night. Community Development Director Ramirez — stated that tomorrow, July 10th, the City would be hosting a Conference Zoning Code Update Workshop from 6 p.m. — 8 p.m. in the Rosemead City Council Chamber. She then explained that the same workshop would be taking place at the Garvey Community Center the following day. She explained that staff would be presenting while everyone, including Council Members, would be sitting in the audience. Mayor Low— thanked staff for giving up their 4th of July plans in order to help the City. She then mentioned that she received an email from a resident praising the event and commending the City for a great job, and said that it means a lot when people go out of their way to send an email about things of this nature. 7. ADJOURNMENT Council MemberArmenta — stated that Frazier Gudinez, Jr., a long time resident of the City of Rosemead, had recently succumbed to illness. She stated that his wife Estella still lives in the City, and they have three children. She then stated that she would appreciate adjourning in his honor. Mayor Low adjourned the meeting at 7:58 p.m. in the memory of Frazier Gudinez, Jr. The next regular City Council meeting is scheduled to take place on July 23, 2013 at 7:00 p.m. ATTEST: 4 1or L iaMolleda City Clerk Polly L w a or Rosemead Housing Development Corporation and City Council Joint Meeting Minutes of July 9, 2013 Page 9 of 9 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the minutes from July 9, 2013 of the City Council and Housing Development Commission joint meetin1 were duly and regularly approved and adopted by the Rosemead City Council on the 10 of September 2013, by the following vote to wit: Yes: Armenta, Clark, Low, Ly No: None Abstain: None Absent: Alarcon Gloria Molleda City Clerk