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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CERRITOS HELD MARCH 7, 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

Councilwoman Gloria Kappe offered the invocation.

PLEDGE OF ALLEGIANCE

Councilman Paul Bowlen 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 the Cerritos Tennis Team for winning the Tien Zen Bay Tennis Tournament Championship, and the Cerritos Tennis Team presented their team trophy to the City Council.

PUBLIC COMMENTS AND SUGGESTIONS

Jay Hammer, Campaign Chairman for Grandmaster Kim for Cerritos Council Committee, corrected an article in the March 4 edition of the Los Cerritos Community News, which did not recognize Chan-Yong Kim as a candidate in the March 8, 2005 General Municipal Election.

Brian Hews, Los Cerritos Community News, apologized for the omission in the newspaper article referenced by Jay Hammer and indicated that Los Cerritos Community News is investigating the matter.

CONSENT CALENDAR ITEMS

Approval of Register of Demands

MOTION:  Councilwoman Kappe moved to approve the Register of Demands dated March 7, 2005, Checks 68988 through 69185 and Checks 69186 through 69336, in the total amount of $3,607,652.32. The motion was seconded by Mayor Pro Tem Crawley and unanimously carried.

Approval of Treasurer’s Report for period ending January 31, 2005

MOTION:  Councilwoman Kappe moved to approve the Treasurer's Report for the period ending January 31, 2005.  The motion was seconded by Mayor Pro Tem Crawley and unanimously carried.

Approval of Minutes

MOTION:  It was moved by Councilwoman Kappe to approve the Minutes of the February 24, 2005 Regular City Council meeting. The motion was seconded by Mayor Pro Tem Crawley and unanimously carried.

Miscellaneous

Consideration and award of Bid No. 993-05, purchase of one new one ton dual wheel truck with dump bed.

MOTION:   Councilwoman Kappe moved to award Bid No. 993-05 for the purchase of one new one ton dual wheel truck with dump bed to Sopp Chevrolet in the amount of $31,615.73.   The motion was seconded by Mayor Pro Tem Crawley and unanimously carried.

PUBLIC HEARINGS

An appeal of the Planning Commission decision related to Variance 2004-2 requested by the property owner Cerritos Gardens, LLC, 26840 Aliso Viejo Parkway, Aliso Viejo, California 92656, to allow a reduction in required parking spaces and required recreation open space at the Cerritos Garden Apartments located at 18944 Vickie Avenue, Cerritos, California 90703.  The property owner is requesting a new one-bedroom apartment, a new resident meeting room and a new business/leasing office.  The subject site is zoned RM, Multi-Family Residential (APN 7028-002-021 and APN 7028-002-002). 

Appeal to the City Council PC 2005-1

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

Senior Planner Cisneros presented background information of the apartment complex and an overview of the staff report dated March 7, 2005, noting that the applicant has requested a variance to allow a reduction in required parking spaces and required recreation open space to add a one-bedroom apartment to replace the existing unit that is being utilized as an office, remodel and add a small extension to an existing unit on the second floor, a new resident meeting room and add a new business/manager’s office.  She reviewed the project location, aerial photograph, existing site conditions, proposed site plan, existing site plan, floor plans, and elevations, noting that the proposed improvements would result in a 37 parking space deficiency. Ms. Cisneros discussed the two previous variances granted to allow for a satellite dish enclosure and installation of new security gates and fencing, resulting in a reduction of 14 parking spaces. She also stated that the second variance included a Condition of Approval indicating that no other future reduction in parking spaces on the subject properties shall be considered by the Planning Commission and/or City Council.

In response to Council inquiry, Assistant City Attorney Campbell stated that the Council could make findings to modify the previous Conditions of Approval regarding future reductions in parking spaces on the subject properties.

In response to Council inquiry, Ms. Cisneros stated no complaints have been received regarding the reduction in required parking spaces; addressed parking requirements for each unit; and discussed the current 34 parking space deficiency.

Interested parties were invited to present testimony. 

Steve Gilmore, Shea Properties, discussed the two previous variance approvals, noting that only 14 parking spaces were reduced.  He indicated that the complex has 575 existing parking spaces and the proposed improvements will not require a reduction in additional parking spaces.  He referenced the parking study conducted by Modern Parking, Inc. finding that 31% of total parking spaces were available during peak operating hours; he stated that three employees live on the property and do not require office parking; he noted the improvements will meet the wants and needs of the residents; and requested approval of the variance request.

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

In response to Council inquiry, Acting Director of Community Development Saunders stated that findings were made to grant the two previous variance requests 

Discussion ensued regarding the substandard condition of the property, the appellant's failure to abate the property violations, staff attempts to work with the appellant to abate the property violations, unsafe condition of pool and broken gate, notification procedures to property owners regarding property violations, and the City's Residential Assistance Program.

MOTION:  Following comments regarding the parking survey, existing parking space deficiency, and the proposed project not meeting the criteria for a variance, it was moved by Councilwoman Kappe and seconded by Councilwoman Lee to uphold the decision of the Planning Commission regarding Variance 2004-2 and denied Appeal to the City Council PC 2005-1, without prejudice.  The motion carried, with Councilman Bowlen dissenting.

A development redesign proposal by Henrik Vartanian, Architect, 8301 E. Florence Avenue, #303, Downey, California 90240 on behalf of the property owner Ocean View Properties, LLC; to reduce the previously approved ±20,940 square foot three (3) story, medical/dental office building to ±14,500 square feet in area and to delete the previously approved ±22,200 square foot subterranean parking area.  At-grade parking, landscaping and required city improvements are included in the proposal.  The subject property is located at 12657 166th Street, east of Bloomfield Avenue and covers a ±0.73 acre of land.  The property is zoned ADP-1, Area Development Plan One, Industrial Park, and it is within the Los Coyotes Redevelopment Project Area (APN 7010-016-053).

Cerritos Redevelopment Agency Conformity Report 2005-4
Conditional Use Permit 2004-4(A)(2005) Amendment*
Precise Plan 2004-15(A)(2005) Amendment*

*A Mitigated Negative Declaration was previously approved for the development of the site on October 28, 2004 with a similar but larger project.

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

Associate Planner Seminario-Dillon presented an overview of the staff report dated March 7, 2005.  She reviewed details of the project, aerial photo of the site, reciprocal ingress/egress, existing site conditions, site plan, floor plans, elevations, landscaping, perspective and architectural features.

Interested parties were invited to present testimony. 

Henrik Vartanian, Architect, discussed the proposed project, expressed concurrence with the conditions of approval and offered to answer any questions of the Council.

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

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

A.        Receive and file Cerritos Redevelopment Agency Conformity Report 2005-4;

B.         Receive, file, certify and approve Conditional Use Permit 2004-4(A)(2005) Amendment, making the findings set forth in the Cerritos Planning Commission Resolution No. PC 2005-9; and

C.        Approve Precise Plan 2004-15(A)(2005) Amendment, making the findings set forth in Cerritos Planning Commission Resolution No. PC 2005-10;

as recommended in the staff report dated March 7, 2005.  The motion unanimously carried.

PUBLIC WORKS ACTIVITES

Consideration and award of a contract for the construction of the Cerritos sculpture garden, Bid No. 994-05, Project No. 10077.

MOTION:  Councilwoman Kappe moved to award a contract for the construction of the Cerritos sculpture garden, Bid No. 994-05, Project No. 10077, to Nativ Engineering, Inc. in the amount of $1,578,888 and reject all other bids.  The motion was seconded by Councilwoman Lee and unanimously carried.

NEW AND OLD BUSINESS

Review and consideration of proposed street furniture amenities for installation at bus stops throughout the City.

Associate Planner Lopez provided an overview of the proposed street furniture amenities for installation at bus stops as outlined in the staff report dated March 7, 2005.

In response to Council inquiries, Larry Casey, President of Landscape Forms, addressed bench and trash receptacle design schemes, material, durability and maintenance; canopy structure design and material; graphic design options; and indicated that the bench material and design allows for appropriate ventilation making it less heat conductive.

Discussion ensued regarding existing concrete benches, aesthetics, trash receptacle and bench weight, vandalism, canopy structure installation, graphic design options and telephone installation for security.

MOTION DIES FOR LACK OF SECOND:  Councilman Bowlen, moved to defer consideration of the item to allow an opportunity to review street furniture amenities of other cities.  The motion died for lack of a second.

MOTION:  It was moved by Mayor Pro Tem Crawley and seconded by Councilwoman Lee to approve design concept Scheme C “Plainwell” for the street furniture program as outlined in the staff report dated March 7, 2005; direct staff to implement a comprehensive phasing plan for implementation of the uniform street furniture program; and direct staff to proceed with the purchase of the selected street furniture amenities as funding and resources become available.  The motion carried with Councilwoman Kappe dissenting.

MOTION:  It was moved by Mayor Pro Tem Crawley and seconded by Councilwoman Kappe to approve the installation of canopy structures over the benches at bus stops where appropriate.  The motion unanimously carried.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS

City Councilmembers commended Mayor Hughlett on his tenure on the City Council.

Councilman Bowlen requested that the meeting be adjourned in memory of Mila Sebastian, Cerritos employee, who recently passed away.

Councilwoman Lee reminded the community of the upcoming March 8, 2005 General Municipal Election and encouraged everyone to vote.

Councilman Kappe commended Soroptimist International of Artesia-Cerritos for a successful Monte Carlo Night on March 5, noting that proceeds from the event benefit Su Casa, Community Family Guidance Center and other local charities.

Mayor Pro Tem Crawley encouraged the community to vote in the upcoming March 8, 2005 General Municipal election.

Mayor Hughlett thanked Councilmembers for their comments and provided his clarification of inaccuracies circulating through the community regarding the 2003-2004 Cerritos crime statistics, reduced ticket prices for seniors for events at the Cerritos Center for the Performing Arts and the financial status of the Cerritos Center for the Performing Arts.

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9)
Name of Case:  August Construction v. Cerritos Redevelopment Agency et al.
Case No.:  Los Angeles Superior Court Case No. VC038662

The City Council convened in Closed Session at 8:35 p.m.  The meeting reconvened at 8:55 p.m., with all Council members in attendance.

No action was taken at this time as a result of Closed Session discussion.

ADJOURNMENT

There being no further business to come before the City Council, the meeting adjourned at 8:55 p.m. in memory of Mila Sebastian, Cerritos employee, who recently passed away.

 

/s/ Josephine Triggs
 Josephine Triggs, City Clerk  

Attest:

/s/ John Crawley
John Crawley, Mayor

Approved: March 24,  2005

 

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