CC - Item 3A - Minutes 7-9-13Minutes 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
order by President/Mayor Low at 7:00 p.m. in the Rosemead City Council Chan
Valley Boulevard, Rosemead, California. Af
PLEDGE OF ALLEGIANCE: DirectorlCouncil Member Armenta
INVOCATION: Director /Council Member Clark
PRESENT: President/Mayor Low, Vice
Armenta, Clark, and Ly
STAFF PRESENT: City Manager Allred, Ci
Community Development Director Ramirez,
Works Director Marcarello, and City Clerk N
PUBLIC COMMENTS
Adolfo Ponce — stated hd
showing them how Cal o
caged birds from a truck in
purposes. He t emus ed C
past, and look m I ii
City Ma r ager Jeff Allred — stat@
does not appear to be in violatii
Mr. Ponce — explain that the
but that they are not a lowed to
to only use the gated segbft_to
was called to
at 8838 East
�y Richman, Assistant City Manager Hawkesworth,
of Parks and Recreation Montgomery- Scott, Public
sent several pictures to - touncil Members and staff during the past year
continu break the rules: He explained that the owner is seen taking down
tion of the parking lot that fFiey are not allowed to be using for these
ci Members ofloo�ntotMlke Lewis, who was representing Cal Poultry in the
any
into the issue of unloading chickens outdoors and it
was not about the chickens being outside or being unloaded outside,
nq that area to unload them. He then stated that Cal Poultry had agreed
DirectorlCouncil Member Sandra Armenia — 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
ITEM NO. aPt
�—®.c2mammyn.
Vice President/Mayor Pro Tem 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.
Director /Council Member Margaret Clark— requested staff to contact the business to further discuss this.
Community Development Director Ramirez — stated that staff calls them on
Director /Council Member Clark — stated that some of the pictures
like the business was trying to evade some of the conditions that wf
City Attorney Rachel Richman — echoed Mayor Low's
back to Council.
2. PRESENTATIONS
to her and it seemed
staff look iffifte issue and report
Presentation of Plaques to outgoing Planning Commissioners
President/Mayor Polly Low thanked Joan Hunter forher•services and presented her with a plaque.
Ms. Joan Hunter thanked the City Council for giving her t opportunity to serve these past years.
Director /Council Member,St Ven y thanked Ms. Hunter and herfamily 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.
Director /Council MemberArmen,,��t than ed €Ms. Hunter for her dedication and echoed Council Member
Ly's sentiment . S e-t asked her of r'tieing a founding mother of Rosemead.
Direct council Member Cla thanked t' s Hunter for all her hard work, and mentioned that since she
has sery d o €these committees w eviously she is aware that it is a hard job at times.
President/Mayorow — stated she will miss Ms. Hunter, and told her the City will always be there for her.
She then stated thatat the City had plaque for Victor Ruiz as well, who was not able to attend the meeting,
and will send it to him.
Public Safety Coordinato'r 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.
Director /Council 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
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DirectorlCouncil Member Ly— commended Mandy, the City, and Kiwanis for their hard work. He stated that
because his dad pass 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.
DirectorlCouncil 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
No. 2013'= 06 entitled:
OF THEWOUSING DEVELOPMENT
� TH , E CITY OF ROSEMEAD ALLOWING
rANDDEMANDS IN THE SUM OF
to approve Resolution No. 2013 — 38 entitled:
iOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEAD ALLOWING CERTAIN CLAIMS AND DEMANDS
SUM OF $492,868.40 NUMBERED 81573 THROUGH
INCLUSIVELY
ResolutionNo.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
sponsorship of their community-wide Fitness Awareness D
November 17, 2013 at the Garvey Community Recreation
kind services valued at $1,100.
Recommendation: That the City Council aF
sponsorship of Fitness Awareness Day 2013
Director/Council Member Steven Ly made a motion, seconded by
Armenta to approve the Consent Calendar with the motion, rot . n of I
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None itk
Abstain: None
Absent: None
D. Approval of Proffs anal Services Ageeen
Ling City
for Sunday,
h the provision of in-
lest offtf Kung Fu for
in -kind services valued at $1,100.
Vote resulted
Engineering Services
The Cit zes professs nal consultant:services for design of capital projects involving
street (landscaping, transportation, and utility improvements. As the work load requires, staff
se
will utilize th firms to perform design services, traffic engineering studies, public works
ins R.ectio n servi s, reviewI priwatW6velopment projects, geotechnical services, survey
worked l anAlyses. The on
professional services agreements will continue to
provideith the abili ty to obtain multiple bids for services on a project -by- project
basis and help efficient service delivery to the community.
mendation; That the City Council approve the professional service agreements to
as needeon -call professional services and authorize the City Manager to execute
DirectorlCouncil Member eS ven Ly excused himself prior to the discussions on Item D and started 9 was due
to a possible conflict of it Brest.
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.
DirectorlCouncil 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
Tem 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
8772 Valley Boulevard
On January 8, 2012, the City Council approGetl'a new Off=
ABC license at the Hunan Seafood Restaurant I cated at
that meeting, the City Council requested a six-month revie
The purpose of this report is o provide the City Council wi
applicant's compliance with the,eonditions of approval for
Recommendation: That the
Associate Planner Lily
Council Member Annii to e
stated the steps Hunan Seafoq
business that follows laws,
they shoulave been on their
detail thei
Associatd'P..lanner Trinh - exp
between the ry fro t�and rear of I
explained that dunublic S
was supposed to be dear and
dance floor since their entertai
during Public Safety's inspec'it
machine which was in usf
Staff
Beer and Wine (Type 41)
12 Valley Boulevard. During
of the Conditional Use Permit.
an update regarding the
inditional Use Permit 11 -14.
on this item.
the Minutes ofthe City Council meeting six months ago clearly
needed to take in order to prove themselves as a legitimate
woIa4b ns in depth. She then stated this was troubling because
r, especially during the first six months. She asked if staff could
ed that they were told to open up the hallway to show a connection
restaurant, and they had done so during staffs inspection. She then
P y
inspection, they had put drapes and stored material in that pathway that
;n to the public. She further stated that they were supposed to cover up the
ant license was not approved but the carpet and tables were removed
She explained that there was a dance floor, along with a piano and karaoke
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.
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Minutes of July 9, 2013
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Associate Planner Tdnh — 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 allitimes. She stated the
owner had been told that Public Safety could show up at any time and demand o see the tapes.
Mayor Polly Low announced that there were speakers on this item.
Brian Lewin — stated that given the history of this establishmentpfhese findings were not =surprising to him,
as even Chief of Police Tim Murakami had expressed his rese months ago when tie stated he would
rather prevent problems up front than have to clean it uP3later.. He understood that sometimes usinesses
unknowingly break City codes, but stated that this business as been Iberately breaking th 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 woul set a dangerous precedent.
Tony Tan — stated that he owns Hunan Seafood R steurant, which has been Igsing money on a regular
basis. He explained he had to change the licenses- G under his name after d his wife, since she use
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 hi es without a lice seH�e explained t at he had to bend the rules in order
to make a living and ear ro in
Michael Lewis — stated - elfbp Tan and was {involved in the initial permit, ciaiming it was a
problematic property long before >he got involved. He stated t at in hindsight, it probably was not a good idea
to expand an already restaurant. ra`n He th xpiamed that the owner's desire for the alcohol and
entertainmenttlic ense.w"as be cause f the possibility of bringing more people through the door. He explained
that the ack of the rest aut t? as nob n used except during a birthday party where they used a karaoke
mach' . He then suggested tur ing it int a henquet room.
Council MemberArmenta — stated she went to the restaurant to listen to Mr. Tan's promises, and he has
not lived up to an 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 offai issues, but there are laws which must be obeyed, and the City should not
look the other way. She cl a 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
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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 revocate 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
Community Development Director Ramirez — explained that this
days.
City Attorney Richman — explained that besides that a
rights associated with it and the business would get a
Community Development Director Ramirez — stated the 30
Enforcement.
Council Member Clark — expressed her concdi"
should not have been there in the first place. ShAstt
such a multitude of conditions.
Community Development Direc r <R irez — stated
should always be food se ed with the Cohol, and
Mayor Pro Tom Alarcon —
affect the conditionalsuse pE
they wanted to do so.
cannot done because they have the 30
conditional use permit has due process
acted when the business got cited by Code
in
d1o#the karaoke machine since it
MY h
has eir credibility due to violating
according tol beer and wine license, there
{should not be anyone with just a drink on its own.
the res at at urant into a banquet type establishment would
Community Developmenf)i tor Ram st the conditional use permit would stay the same unless
they we asked to revocate itiS,�She explamee that in that case, they would issue a new one which would look
identical. She-was unsure Wit MNd be changed to a banquet type establishment, and was unsure if they
would need tobuild a parking IotS_he advised them to speak to the building department to figure out what
needed to be done, and explainecJ that the booths would have to come out.
Mayor Pro Tem Alarcon - m§Gred if the business would get extra time if they were to make these changes.
Community DevelopmenrDirector 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 theysaw 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. A ,
Community Development Director Ramirez— stated that they can give the L36 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 ay ! 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
and the Agenda for the July 23rd meeting looks full.
City Attorney Richman — agreed because
would be presenting.
Council Member Steven Ly made a motion to
seconded by Council Member Sandra Armen,
Yes:
No: I
Absent:
5. MAY RS FROM MAYO
Council Member Armenta —
were under the guidance of C
the most attended 4t" of July i
many residents, especially in
the stage so that peop' Where
basketball pinata.
Clark,
matter for.review on August 13+",
;ed all staff members, especially the Parks & Recreation Department who
Montgomery-Scott, for a wonderful 4th of July Parade. She stated it was
ration the City has had thus far, and she has heard positive reviews from
ds to the fireworks show. She liked that the floats were displayed next to
to examine them closely, but mentioned that somebody stole the
Mayor Pro Tam 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.
in August since the deadline;is"so close
to make sure EOV will be comfortable with what they
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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 anyways. She then inquired about the workshop happe�g the following night.
Community Development Director Ramirez — stated that tomorrow, July
Conference Zoning Code Update Workshop from 6 p.m. — 8 p.m. in the
She then explained that the same workshop would be taking place at t�h
following day. She explained that staff would be presenting while every(
would be sitting in the audience.
Mayor Low — thanked staff for giving up their 4th of July in order
that she received an email from a resident praising the eventla com
said that it means a lot when people go out of their way to send an em
7. ADJOURNMENT
Council MemberArmenta — stated that Frazier udinez, Jr a long time
had recently succumbed to illness. She stated that }3is wife Es ells still m
children. She then stated that sheuld �wo appreciate a ljoummg in Is;hon+
Mayor Low adjourned
Council meeting is scl
ie City would be hosting a
iead City Council Chamber.
'ey Community Center the
;lA Council Members,
the City. She.then mentione(
I the City for a,great job, and
t things of this nature.
ient of the City of Rosemead,
the City, and they have three
p.m. in the memory of Frazier Gudinez, Jr. The next regular City
on July 23, 2013�at 7:00 p.m.
Polly Low, Mayor
A
Gloria Molleda
City Clerk
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Minutes of July 9, 2013
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