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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CERRITOS HELD JANUARY 13, 2005

CALL TO ORDER

Mayor Robert Hughlett called the meeting to order at 7:00 p.m. in the Council Chambers at Cerritos City Hall, 18125 Bloomfield Avenue, Cerritos, California.

INVOCATION

Pastor Amanda Garrett of New Life Community Church in Artesia offered the invocation.

PLEDGE OF ALLEGIANCE

Councilwoman Gloria Kappe led the assembly in the salute to the flag.

ROLL CALL

The City Clerk noted attendance of the following Members of the City Council:

Councilman Paul W. Bowlen
Councilwoman Gloria Kappe
Councilwoman Laura Lee
Mayor Pro Tem John Crawley
Mayor Robert Hughlett, Ed.D.

PRESENTATIONS

Mayor Hughlett presented a proclamation to Herb and Colleen Plahy in celebration of their 50th wedding anniversary on July 24, 2004.

PUBLIC COMMENTS AND SUGGESTIONS

Merri Wheaton, Cerritos resident, offered a prayer.

Chan-Yong Kim, Cerritos resident and Property Preservation Commissioner, requested consideration of proclamations for Firefighters Frank Foreman and Gary Balderston of Fire Station 30 in recognition of their heroic actions during the rescue of a man and two children from Coyote Creek in Cerritos.

Luis Marquez introduced himself as State Senator Alan Lowenthal’s field deputy.

Tom Tinslow, Cerritos resident, commented on the Veteran’s Day floating holiday and Veteran’s Day celebration; suggested that City employees who are veterans be allowed to attend the Veteran’s Day celebration; and invited everyone to attend the dedication of the veteran’s memorial.

Norman Hall, Cerritos resident, addressed the costs of closing City Hall for the Martin Luther King, Jr. holiday in comparison to costs of other city projects; spoke in support of providing City employees with an additional fixed holiday; and encouraged the Council to recognize the birthday of Martin Luther King, Jr. as a fixed holiday.

CONSENT CALENDAR ITEMS

Approval of Register of Demands

MOTION:  Mayor Pro Tem Crawley moved to approve the Register of Demands dated January 13, 2005, Checks 66937 through 67011, Checks 67012 through 67205, Checks 67206 through 67387, Checks 67388 through 67586 and Checks 67587 through 67662, in the total amount of $16,149,600.36.  The motion was seconded by Councilwoman Kappe and unanimously carried.

Approval of Treasurer’s Report for the Period Ending November 30, 2004

MOTION:  Mayor Pro Tem Crawley moved to approve the Treasurer's Report for the period ending November 30, 2004. The motion was seconded by Councilwoman Kappe and unanimously carried.

Approval of Minutes

MOTION:  It was moved by Mayor Pro Tem Crawley to approve the Minutes of the December 9, 2004 Regular City Council meeting.  The motion was seconded by Councilwoman Kappe and unanimously carried.       

Ordinance for second reading and adoption.  Reading of ordinance waived and ordinance adopted.

ORDINANCE NO. 890

AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 22.24 OF THE CERRITOS MUNICIPAL CODE RELATING TO THE REGULATION OF SETBACK STANDARDS FOR PROPERTIES LOCATED WITHIN THE COMMERCIAL OFFICE PROFESSIONAL (COP) ZONE.

MOTION:  Mayor Pro Tem Crawley moved to waive reading of and adopt Ordinance No. 890.  The motion was seconded by Councilwoman Kappe and carried by the following vote:

AYES:              Councilmembers - Bowlen, Kappe, Lee, Crawley, Hughlett
NOES:             Councilmembers - None
ABSENT:         Councilmembers - None
ABSTAIN:       Councilmembers - None

Miscellaneous

Consideration and award of Bid No. 990-05, printing of the 2005-2006 Cerritos Center for the Performing Arts Season Brochure.

MOTION:  It was moved by Mayor Pro Tem Crawley and seconded by Councilwoman Kappe to award a contract for the printing of the 2005-2006 Cerritos Center for the Performing Arts Season Brochure, Bid No. 990-05, to Graphic Press Inc. in the amount of $202,104.00. The motion carried unanimously.

A request by Cingular Wireless, LLC, to sell their interest in the sublease of the cellular phone tower located at 16449 Piuma Avenue (APN 7016-004-903) to  T-Mobile USA, Inc.

MOTION:  It was moved by Mayor Pro Tem Crawley and seconded by Councilwoman Kappe to authorize the Mayor to execute the Consent to Assign Form, dated September 22, 2004, between the City of Cerritos and Pacific Bell Wireless, LLC.  The motion carried unanimously.

PUBLIC HEARINGS

Consideration to waive reading of and introduce AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 22.22, SINGLE FAMILY RESIDENTIAL (RS) ZONES, OF THE CERRITOS MUNICIPAL CODE RELATING TO THE REGULATION OF THE HEIGHT OF HEDGES AND LANDSCAPE SCREENS IN RESIDENTIAL FRONT YARDS.

Negative Declaration
Development Code Amendment 2004-9

Title to the foregoing item was read, the public hearing opened, and staff called upon for a report.

Management Analyst Carey provided an overview of the proposed ordinance regulating the height of hedges and landscape screens in residential front yards as outlined in the staff reported dated January 13, 2005.  He noted that the proposed ordinance is designed to enhance public safety by improving visibility of pedestrians and motorists traveling within residential neighborhoods by clarifying the definition of hedges and landscape screens and placing a maximum height requirement on such material within a defined setback area in residential front yards.  Mr. Carey indicated that the development code amendment meets CEQA guidelines and the Planning Commission recommended approval of the proposed ordinance.  

Interested parties were invited to present testimony.  There was no response and the public hearing was closed.

MOTION:  It was moved by Mayor Pro Tem Crawley and seconded by Councilwoman Kappe that the City Council:

1.         Certify, receive and file the Negative Declaration prepared for Development Code Amendment 2004-9, which was completed in accordance with the California Environmental Quality Act; and

2.         Direct staff to file a Notice of Determination in accordance with the California Environmental Quality Act and Section 3.5 of the Environmental Impact Report Guidelines of the City of Cerritos;

as recommended in the staff report dated January 13, 2005.  The motion unanimously carried.

ORDINANCE NO. 891

AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 22.22, SINGLE FAMILY RESIDENTIAL (RS) ZONES, OF THE CERRITOS MUNICIPAL CODE RELATING TO THE REGULATION OF THE HEIGHT OF HEDGES AND LANDSCAPE SCREENS IN RESIDENTIAL FRONT YARDS.

MOTION:  Mayor Pro Tem Crawley moved to waive reading of and introduce Ordinance No. 891.  The motion was seconded by Councilwoman Kappe and carried by the following vote:

AYES:             Councilmembers - Bowlen, Kappe, Lee, Crawley, Hughlett
NOES:             Councilmembers - None
ABSENT:        Councilmembers - None
ABSTAIN:       Councilmembers - None

Consideration to waive reading of and introduce AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 22.11, DEVELOPMENT AREA ONE (ADP-1), OF THE CERRITOS MUNICIPAL CODE AS IT RELATES TO INTENSITY STANDARDS.

Mitigated Negative Declaration*
Development Code Amendment 2004-5

*One Mitigated Negative Declaration has been prepared for Development Code Amendment 2004-5, Conditional Use Permit 2004-3, Precise Plan 2004-5, Conditional Use Permit 80-5(B)(2004) Amendment and Precise Plan 80-10(B)(2004) Amendment.

A development proposal by Michael Jern, Project Manager, on behalf of United Parcel Service, 25201 Paseo De Alicia #200, Laguna Hills, California 92653-4600; to construct a ±155,744 square foot parking structure with a partial subterranean level and two (2) above-ground levels that will include 425 parking spaces and to construct an outside area that will accommodate an additional 38 parking spaces.  The subject property is owned by United Parcel Service and is located at 13150 Moore Street, across the street from the United Parcel Service Regional Distribution Center.  The subject property covers ±2.69 acres of land and is currently vacant.  The property is zoned ADP-1, Area Development Plan One, Industrial Park, and it is within the Los Coyotes Redevelopment Project Area (APN 7005-006-061).

Cerritos Redevelopment Agency Conformity Report 2005-1
Mitigated Negative Declaration*
Conditional Use Permit 2004-3
Precise Plan 2004-5

*One Mitigated Negative Declaration has been prepared for Development Code Amendment 2004-5, Conditional Use Permit 2004-3, Precise Plan 2004-5, Conditional Use Permit 80-5(B)(2004) Amendment and Precise Plan 80-10(B)(2004) Amendment.

A development proposal by United Parcel Service (UPS), 13233 Moore Street, Cerritos, California 90703 to remove 300 employee parking spaces at their regional facility, 13233 Moore Street, and to construct 121 parking spaces for trucks up to a length of 45 feet.  Also proposed is the construction of ±14'-0" high decorative, tilt-up concrete, walls that will screen the truck parking area.  The subject property covers ±28.72 acres of land and is currently developed with a ±306,932 square foot regional UPS building that includes offices, a large distribution center, and a large truck staging area.  The property is zoned ADP-1, Area Development Plan One, Industrial Park, and it is within the Los Coyotes Redevelopment Project Area (APN 7005-006-059).

Cerritos Redevelopment Agency Conformity Report 2005-2
Mitigated Negative Declaration*
Conditional Use Permit 80-5(B)(2004) Amendment
Precise Plan 80-10(B)(2004) Amendment    

*One Mitigated Negative Declaration has been prepared for Development Code Amendment 2004-5, Conditional Use Permit 2004-3, Precise Plan 2004-5, Conditional Use Permit 80-5(B)(2004) Amendment and Precise Plan
80-10(B)(2004) Amendment.

It was noted that the foregoing items would be heard concurrently.  The Mayor read title to the items, declared the public hearings open and called upon staff for reports.

Advance Planning Manager Contreras provided an overview of the proposed ordinance as outlined in the staff report for Development Code Amendment 2004-5 dated January 13, 2005.  He noted the ordinance would increase the allowable lot coverage of a building or structure to seventy-five percent of the land area for interior parcels that contain a parking structure and do not front on any arterial street; and conditionally permit parking facilities and/or parking structures within ADP-1.   Mr. Contreras indicated that the development code amendment meets CEQA guidelines and the Planning Commission recommended approval of the environmental assessment and proposed ordinance.  

Current Planning Manager Hamilton presented an overview of the staff reports for Conditional Use Permit 2004-3/Precise Plan 2004-5 and Conditional Use Permit 80-5(B) (2004) Amendment/Precise Plan 80-10(B)(2004) Amendment dated January 13, 2005.  She reviewed details of the projects, including, aerial photos, existing site conditions, site plans, elevations, artist’s renderings, architectural design, subterranean parking structure, truck parking area, and 14-foot high decorative tilt-up masonry or concrete walls to screen the truck parking area.  In response to Council inquiry, Ms. Hamilton addressed the results of the noise study relative to the potential impact of the proposal to adjacent residential uses and discussed the screening requirement to minimize any potential visual impacts.

Interested parties were invited to present testimony. 

Michael Jern, Project Manager, spoke in support of the project.

No one else wished to address the City Council on this matter and the public hearings were closed.

Mitigated Negative Declaration*

Development Code Amendment 2004-5

MOTION:  It was moved by Councilman Bowlen and seconded by Councilwoman Kappe that the City Council:

1.         Direct staff to file a Notice of Determination in accordance with Section 3.5 of the Environmental Impact Report Guidelines of the City of Cerritos and the Cerritos Redevelopment Agency.

as recommended in the staff report dated January 13, 2005.  The motion unanimously carried.

ORDINANCE NO. 892

AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 22.11, DEVELOPMENT AREA ONE (ADP-1), OF THE CERRITOS MUNICIPAL CODE AS IT RELATES TO INTENSITY STANDARDS.

MOTION:  Councilman Bowlen moved to waive reading of and introduce Ordinance No. 892.  The motion was seconded by Councilwoman Kappe and carried by the following vote:

AYES:             Councilmembers - Bowlen, Kappe, Lee, Crawley, Hughlett
NOES:             Councilmembers - None
ABSENT:        Councilmembers - None
ABSTAIN:       Councilmembers - None

Cerritos Redevelopment Agency Conformity Report 2005-1
Mitigated Negative Declaration*
Conditional Use Permit 2004-3
Precise Plan 2004-5

MOTION:  It was moved by Councilman Bowlen and seconded by Councilwoman Kappe that the City Council:

A.        Receive and file the Redevelopment Agency Conformity Report 2005-1;

B.         Receive, file, certify and approve the Mitigated Negative Declaration making the findings set forth in Cerritos Planning Commission Resolution No. PC 2004-58;

C.        Approve Conditional Use Permit 2004-3, making the findings set forth in the Cerritos Planning Commission Resolution No. PC 2004-60; and

D.        Approve Precise Plan 2004-5, making the findings set forth in the Cerritos Planning Commission Resolution No. PC 2004-61;

Cerritos Redevelopment Agency Conformity Report 2005-2
Mitigated Negative Declaration*
Conditional Use Permit 80-5(B)(2004) Amendment
Precise Plan 80-10(B)(2004) Amendment    

MOTION:  It was moved by Councilman Bowlen and seconded by Councilwoman Kappe that the City Council:

A.        Receive and file the Redevelopment Agency Conformity Report 2005-2;

B.         Receive, file, certify and approve the Mitigated Negative Declaration making the findings set forth in Cerritos Planning Commission Resolution No. PC 2004-58;

C.        Approve Conditional Use Permit 80‑5(B)(2004) Amendment, making the findings set forth in the Cerritos Planning Commission Resolution No. PC 2004-62; and

D.        Approve Precise Plan 80‑10(B)(2004) Amendment, making the findings set forth in the Cerritos Planning Commission Resolution No. PC 2004-63;

as recommended in the staff report dated January 13, 2005.  The motion unanimously carried.

PUBLIC WORKS ACTIVITIES

Consideration of an award of contract for the construction of public improvements in Cerritos College Transit Station, Bettencourt Park, and Rainbow Park, Projects No. 49025 and 89025, Bid No. 987-05.

MOTION:  Councilwoman Lee moved to award a contract for the construction of public improvements in Cerritos College Transit Station, Bettencourt Park, and Rainbow Park, Projects No. 49025 and 89025, Bid No. 987-05, to T.M.T. Development Co. in the amount of $377,000, and reject all other bids.  The motion was seconded by Mayor Pro Tem Crawley and unanimously carried.

Consideration and award of contract for the design of C-1 water well building reconstruction at 12701 Artesia Boulevard (APN 7030-001-900), Project No. 17003.

MOTION:  Councilman Bowlen moved to award a contract for the design of C-1 water well building reconstruction at 12701 Artesia Boulevard (APN 7030-001-900), Project No. 17003, to Civiltec Engineering, Inc. in the amount of $189,712.  The motion was seconded by Councilwoman Kappe and unanimously carried.

NEW AND OLD BUSINESS

Consideration of a request of the League of Women Voters/Downey Area regarding its February 9, 2005 City Council Candidate Forum.

Cleola Brown, representing the League of Women Voters/Downey Area, indicated that it is the practice of the League to allow questions from the audience during forums and that the League does not supply questions.  Ms. Brown confirmed that the League of Women Voters is also requesting the event be cablecast.

MOTION:  Councilwoman Lee moved to authorize the League of Women Voters/Downey Area to use the Council Chambers on February 9, 2005, from 6:30 p.m. to 9:00 p.m., for the purpose of holding a forum for Cerritos City Council candidates in the upcoming March 8, 2005 General Municipal Election; and approve cablecasting the event on Cerritos TV3 with the City absorbing the costs.   The motion was seconded by Councilwoman Kappe and unanimously carried.

Consideration of the City Council of the City of Cerritos to retain the services of a legislative advocate to act on behalf of the City of Cerritos on matters of federal interest.

MOTION:  Councilwoman Lee moved to approve retaining the services of Government Relations Consultants for a period of 12 months to represent the City of Cerritos on matters of federal interest and authorize the City Manager to execute subject contract. The motion was seconded by Councilwoman Kappe and unanimously carried.

Consideration of recognizing the birthday of Martin Luther King, Jr. as a City holiday.

Assistant City Manager/Administrative Services Saunders provided an overview and discussed the alternatives to recognize a Martin Luther King, Jr. holiday as outlined in the staff report dated January 13, 2005, noting that the employee union establishes Martin Luther King, Jr. as a floating holiday.  He indicated that staff met with the union to discuss options to address the Martin Luther King, Jr. holiday, but a mutual agreement could not be reached.  At the request of the Council, Mr. Saunders elaborated on Option C, and he addressed the work assignment and supervision of full-time represented employees choosing to work on the Martin Luther King, Jr. holiday.

The following individuals spoke in support of recognizing the birthday of Martin Luther King, Jr. as a City holiday:

Alex Beanum, Cerritos resident;
Gary Anderson, Cerritos resident;
Abel Avalos, Cerritos resident;
Anis Jones, Cerritos resident;
Fred Humphrey, Cerritos resident;
William Mayfield, Cerritos resident;
Daniel Rocha, Artesia resident and Gahr High School student;
Clare, Gahr High School student;
Alon Barlevy, Cerritos resident;
Charlie Ara, Cerritos resident; and
June Casewith, Gahr High School student.

Pete Schnaufer, Business Agent, AFSCME Local 619, discussed fix holidays of other cities and alternative work schedules.

MOTION DIES FOR LACK OF A SECOND:  Following comments regarding the Martin Luther King, Jr. floating holiday, fixed holidays of other cities, 9/80 alternative work schedules and Option C, Mayor Pro Tem Crawley moved to add the birthday of Martin Luther King, Jr. as an additional fixed holiday for all employees.  The motion died for lack of a second.

MOTION:  Following comments regarding a celebration to commemorate Martin Luther King, Jr., it was moved by Councilwoman Kappe and seconded by Councilwoman Lee to approve Option C closing all City facilities on the third Monday of January, in honor of  Martin Luther King, Jr., and eliminate the Martin Luther King, Jr. floating holiday and provide Martin Luther King, Jr. day as a fixed holiday for full-time, non-represented and confidential employees.  

MOTION TO AMEND FAILS:  Following comments regarding cultural diversity and Option C, Councilman Bowlen moved to amend the motion to include that next year all city employees would get the day off for the Martin Luther King, Jr. holiday for that one year.  The motion was seconded by Mayor Pro Tem Crawley and failed, with Councilwoman Kappe, Councilwoman Lee and Mayor Hughlett dissenting.

MAIN MOTION CARRIES:  The foregoing main motion carried, with Councilman Bowlen dissenting.

RESOLUTION NO. 2005-1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS PROVIDING FOR CERTAIN ADJUSTMENTS IN THE EMPLOYMENT SYSTEM AND THE PERSONNEL POLICIES, FOR FULL-TIME EXEMPT EMPLOYEES, FULL-TIME CONFIDENTIAL EMPLOYEES AND ALL PART-TIME EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 619, AND AMENDING RESOLUTION NO. 2004-28.

MOTION:  It was moved by Councilwoman Kappe and seconded by Councilwoman Lee to waive reading of and adopt Resolution No. 2005-1.  The motion carried, with Councilman Bowlen dissenting.

REPORT ON PENDING LEGISLATION

City Manager Gallucci reported on the status of the State budget and the impact on the City, and the State’s promise to backfill the sales tax revenue loss with property taxes.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS

Councilmembers extended New Year wishes to the community.

Councilman Bowlen suggested consideration of Veteran’s Day as a fixed holiday.

Councilwoman Lee suggested future negotiations with the union include consideration of Veteran’s Day as a fixed holiday.

Mayor Pro Tem Crawley commented on his attendance at the Rose Bowl football game.

Councilwoman Kappe and Mayor Hughlett commented on the City’s award-winning 2005 Tournament of Roses Parade float entry.

At the request of the Council, City Manager Gallucci provided a status of the damage suffered from the recent rains.

ADJOURNMENT

There being no further business to come before the City Council, the meeting adjourned at 9:10 p.m. in memory of George Marsh and E. Thornton Ibbetson of Union Development, both of whom recently passed away.

 

 

/s/ Josephine Triggs
 Josephine Triggs, City Clerk  

Attest:

/s/ Robert Hughlett
Robert Hughlett, Mayor

Approved: January 27, 2005

 

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