CC - Item 5C - Cal Poultry Proposed RenovationE M E •
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/H~DR>ORATED 19y9
WEM NO.
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER
DATE: SEPTEMBER 9. 2008
SUBJECT: CAL POULTRY PROPOSED RENOVATION
SUMMARY
Council Member Taylor has requested that the Cal Poultry proposed renovation be
agendized for discussion by the City Council.
On May 15, 2008, staff advised the City Council in closed session, that Mr. Quan Phu
(owner of Cal Poultry located at 8942 Garvey Avenue) was requesting that he be able to
renovate his facility to incorporate a more robust air filtration system to help alleviate
any potential odors generated by the use.
During that closed session meeting, the City Council provided staff with direction related
to processing his project. Given that direction, Mr. Phu has recently submitted an
application for a municipal code amendment that would allow for live poultry
slaughtering and related retail sales in a light manufacturing (M-1) zone (the application
and related plans are attached to this staff report - Attachment A). Staff is currently
processing this application and will be scheduling it for the Planning Commission's and
ultimately the City Council's consideration in October.
Staff Recommendation
Staff recommends that the City Council provide direction as it relates to the future
processing of the Cal Poultry proposed renovation.
ANALYSIS
Over the last decade, the City dealt with the Cal Poultry facility unevenly. In 1997, the
City entered into an Impact Agreement (Attachment B) with Mr. Phu that required a
$500 monthly payment to the City for a period of 3 years. In 1999, the City allowed an
existing outdoor storage room to be fully enclosed to improve outdoor odor and storage
issues.
Since then, staff has continued to monitor Cal Poultry and has received complaints
regarding odors and overall business operations. Cal Poultry was also cited on April 24,
APPROVED FOR CITY COUNCIL AGENDA: 0 .
• •
City Council Meeting
September 9, 2008
Page 2 of 2
2008 by the California Regional Water Quality Control Board for storm water discharge
violations (Attachment C is a copy of the notice of violation).
Much of this information has been given to Mr. Phu who maintains that his business is
legal and has asked that the City Council consider his renovation application.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Sub
nt City Manager
Attachment A - Planning Application and Proposed Renovation Plans
Attachment B - Impact Agreement
Attachment C - April 24, 2008 Notice of Violation
California gional Water Qualitlwontrol Board
Los Angeles Region
Recipient of the 2001 Environmental Leadership Award from Keep California Beautiful
Linda S. Adams 320 W. 4th street, Suite 200, Los Angeles, Califomia 90013 Arnold Schwamenegger
Agency Secreta y Phone (213) 576-6600 FAX (213) 576-6640 - Internet Address: httpl/v .w terboards.ca.gov/losangeles Governor
3r%all l
April 24, 2008
F y1
Phun Phu, Manager
Cal Poultry Certified Mail - Return Receipt Requested
8932 Garvey Avenue 7002 2410 0005 0647 6464 ~J
Rosemead, CA 91770
7 7U/0~
NOTICE OF VIOLATION-ILLICIT NON-STORM WATER DISCHARGE: UNDER
THE NPDES GENERAL PERMIT FOR STORM WATER DISCHARGES ASSOCIATED
WITH INDUSTRIAL ACTIVITY WDID # 4191020629 (ORDER NO. 97-03 DWQ;
NPDES NO. CAS000001)
Dear Mr. Phu:
As the operator of an industrial facility located at 8932 Garvey Avenue, Rosemead, California,
you are subject to requirements specified in a General Permit for Storm Water Discharges
Associated with Industrial Activities (Permit). In order to certify your intent to comply with the
Permit when discharging storm water from your industrial facility, you (or your authorized
representative) signed a Notice of latent (NOI) on December 7, 2006. In signing the NOI, Quan
Phu has certified to the State of California that you or your representative have read. the Permit
and will comply with all requirements specified in the Permit.
The Cal Poultry facility, identif ed'by the above WDID 419I 020629), is a permitted facility
under the Storm Water Industrial Activities General Permit (NPDES No. CAS000001, Waste
Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities).
Regional Board Staff (Jim Covin) inspected the site on March 21, 2008. During the inspection,
employees of the Cal Poultry facility were observed using hose-pipes to wash down water from
the chicken storage area adjacent to Garvey Avenue (Photos 1-8). There is a storm drain inlet on
the comer of Garvey Avenue and River Avenue. Staff observed the wash down waste water
discharged from the chicken storage area to the storm drain inlet on Garvey Avenue (Photos 9-
11). The storm drain inlet drains to the Rio Hondo Channel, which is tributary to the Los
Angeles River.
You are hereby notified that you are in non-compliance with the requirements specified in Order
No. 97-03-DWQ, NPDES Permit No. CAS 000001 and have violated California Water Code
Section 13383 as follows:
California Environmental Protection Agency
a d Recycled Paper
Our mission is to preserve and enhance the quality of California's water-resources for the benefit ofpresenl and future generations.
• •
Mr. Phun Phu, Manager 2 - April 24, 2008
• Non-storm water from the chicken storage area was observed being discharged to Garvey
Avenue.
In order to come into compliance, you are required to do the following:
1) Immediately implement corrective and preventable actions, to include ceasing all illicit
discharges from your site to bring your facility into full compliance with the requirements
of Order No. 97-03-DWQ.
2) Submit by May 23, 2008, for approval by the Executive O.fEcer,,a report detailing the
corrective actions taken and the results thereof.
Pursuant to § 13385 of the California Water Code, the permittee is liable for administrative civil
liability (penalties) of up to $10,000 per. day for each violation, plus $10 multiplied by the
number of gallons by which the volume discharged but not cleaned up exceeds 1,000 gallons.
These civil liabilities may be assessed by the Regional Board beginning with the date that the
violations first occurred, and without further warning.
The Regional Board may also request that the Attorney General seek judicial civil liabilities or
injunctive relief pursuant to CWC § 13262, 1.3364, 13304, 13331, 13340, and 13386.
Furthermore, the Regional Board may also request the U.S. Attorney, appropriate County District
Attorney, or City Attorney to seek criminal prosecution. A superior court may be requested to
impose civil or criminal penalties.
Should the permittee wish to contest the allegations in this Notice of Violation, please contact
Mr. James Covin immediately, and submit evidence in writing that supports the permitee's
position.
If you have any questions regarding this matter, please contact Mr. James Covin.at (213) 620-
2229.
Sincerely,
cc: Joe Wang, City Engineer, City of Rosemead
California Environmental Protection Agency
715
%c1 Recycled Paper
Our mission is to preserve and enhance the gualiry of California's water resources for the benefit of present and future generations..
IMPACT AGREEMENT
u
THIS AGREEMENT is entered into on r~ -12- ,1997 by and between
QUAN XIENG PHU (hereinafter referred to as the 'Developer') and the CITY OF
ROSEMEAD, a municipal corporation (hereinafter referred to as "City"). Developer and City
agree as follows:
1. SUBJECT OF AGREEMENT
The purpose of this Agreement is to document_the impact fees payable by Developer
regarding his proposed retail establishment adjacent to his existing business, Chinese American
Live Poultry, 8932 E. Garvey Avenue, Rosemead, California. Developer has agreed to
voluntarily remit to City the sum of five hundred dollars ($500400); per month for thirty-six (36)
months to defray-the City's additional costs for traffic and parking enforcement. .
2. PROPOSED RETAIL ESTABLISHMENT AT 8942 E. GARVEY AVENUE
Developer has proposed a retail establishment at 8942 E. Garvey Avenue. Developer has
represented that this business is permitted by the City's Zoning Code and will be constructed and
operated in accordance with all applicable building, health and safety laws. The.proposed
development project has not yet been formally applied for•and staff has, accordingly, not yet,
completed its review of the proposed development project.. Under no circumstances shall the
premises at 8942 E. Garvey Avenue be utilized for the sale and or storage of live poultry.
3. IMPACT FEES TO BE PAID BY DEVELOPER
To defray the City's additional costs for traffic and parking enforcement generated by the
proposed development project and retail business, Developer voluntarily agrees`to remit to City;' .
on the first day of each month, the sum of five hundred do1lars,($500.0d)- Payments" shall
commence on the first day ofthe month following the date onwhich air 0ecupancyPerinit rs .
granted by City and shall terminate after thirty-six (36).monthly payments, tofalingeig}teen .
thousand.($1,8,000.00) have been made to City by Developer.
4. DEVELOPER TO USE BEST EFFORTS TO HAVE l CUSTQI4$£RS XI ITLIZE
HIS PARKING LOT
Developer shall utilize his best efforts to, have hrs.;customers utilize his parkt~g lot w}u}e
shopping:
5. NOTICES
Notices and Payments required by this Agreement shall "be sent to the following
A~ IM40E PP❑OUOTS -
addresses: •
TO CITY: TO DEVELOPER:
City of Rosemead
9938 E. Valley Boulevard
Rosemead CA 91770
Attn. City Manager
Quan Xieng Phu
8932 E. Garvey Ave.
Rosemead CA 91770
6. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS
This Agreement is executed in two (2) duplicate originals, each of which is deemed to be
an original.
This Agreement includes two (2) pages, which constitute the entire understanding and
agreement of the parties. The parties acknowledge and agree that at all times they have intended
that none of the preliminary negotiations concerning this transaction would be binding on either
party, and that they would be bound to each other only through this Agreement. All amendments
to this Agreement must be in writing and signed by the authorized representatives of City and
Developer.
IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the
dates set opposite their'signatures. .
CITY OF ROSEMEAD
Dated:- a -.s `l
Dated•r. f z .
-
R,
F '
y
Frank G. Thi epi, City..
9 CITY OF ROSEMEA
Applicant: Quan Phu
P O Box 1216
Azusa, CA 91702
(626) 815-9793 (tel)
IMPACT FEE
DATE
PAYMENT #
PERIOD
AMOUNT
BALANCE
08/12/97
Original Agreement
$ 18,000.00
07/07/03
1
July - September 2003
$ 1,500.00
16,500.00
12/11/03
2
October - December 2003
1,500.00
15,000.00
12/16/03
3
January - March 2004
1,500.00
13,500.00
03/15/04
4
April - June 2004
1,500.00
12,000.00
07/05/04
5
July - September 2004
1,500.00
10,500.00
08/16/04
6
October - December 2004
1,500.00
9,000.00
7
January - March 2005
1,500.00
7,500.00
8
April - June 2005
1,500.00
6;000.00
08/16/05
9
July - September 2005
1,500.00
4,500.00
04/28/06
10
October- December 2005
1,500.00
3,000.00
04/28/06
11
January - March 2006
1,500.00
1,500.00
08/18/06
12
April - June 2006
1,500.00
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