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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 24, 2005

CALL TO ORDER

Mayor John Crawley 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

Councilwoman Laura Lee 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 Jim Edwards
Councilwoman Gloria Kappe
Councilwoman Laura Lee
Mayor Pro Tem Paul W. Bowlen
Mayor John F. Crawley

CONSIDERATION OF APPOINTMENTS TO VACANCIES ON VARIOUS COMMISSIONS, BOARDS AND COMMITTEES

MOTION:  It was moved by Councilwoman Kappe and seconded by Councilwoman Lee to approve the following appointments, with terms expiring on March 31, 2007:

Mayor John F. Crawley

Carol Chen                            Planning Commission
George Ray                           Fine Arts & Historical Commission
Gail Grossman                       Parks & Recreation Commission
Jose Iglesias                          Property Preservation Commission
Douglas Padelford                 Economic Development Commission
Charles Carson                      Let Freedom Ring Committee
Candace Yee                        Let Freedom Ring Committee
Bhavin Gandhi                       Community Safety Committee
Vacant                                  Community Safety Committee
La Verne Tancill                    Cerritos Center for the Performing Arts Board of Directors

Mayor Pro Tem Paul W. Bowlen

* Diana Needham                        Planning Commission
   Barry Rabbitt                            Fine Arts & Historical Commission
   Charlie Chung                           Parks & Recreation Commission
   Robert Houska                         Property Preservation Commission
   Robert Buell                             Economic Development Commission
   Raymond Chavez                     Let Freedom Ring Committee
   Willodean Wiswell                    Let Freedom Ring Committee
   Shandreá Garrett                      Community Safety Committee
   Jack Reidy                               Community Safety Committee
   Lily Kuo                                  Cerritos Center for the Performing Arts Board of Directors

Councilman Jim Edwards

*Larry Sagert                             Planning Commission
  Janet Beach                              Fine Arts & Historical Commission
  Maynard Law                           Parks & Recreation Commission
  Rusty Chiang                            Property Preservation Commission
  Kathy Lovell                             Economic Development Commission
  Cristina Pajo                             Let Freedom Ring Committee
  Michael James Inouye               Let Freedom Ring Committee
  George Dominguez                   Community Safety Committee
  Elliot Gray                                Community Safety Committee
  Marianne Hughlett                    Cerritos Center for the Performing Arts Board of Directors

Councilwoman Gloria A. Kappe

Howard Spitzer                        Planning Commission
Kay Ikuta                                 Fine Arts & Historical Commission
Jamie Herbon                           Parks & Recreation Commission
Rick Renaker                           Property Preservation Commission
Richard Gilliland                       Economic Development Commission
Judy McNatt                            Let Freedom Ring Committee
Wendy Wald                            Let Freedom Ring Committee
Catherine "Kit" Snider               Community Safety Committee
Joe Vicente                              Community Safety Committee
Louzana Kaku                          Cerritos Center for the Performing Arts Board of Directors

Councilwoman Laura Lee

Cindy Yen Chen                       Planning Commission
Ester Pulido                              Fine Arts & Historical Commission
Cecil Goff                                 Parks & Recreation Commission
Chan-Yong Kim                       Property Preservation Commission
Edward Ho                              Economic Development Commission
Alan Wang                               Let Freedom Ring Committee
Randy Hyatt                             Let Freedom Ring Committee
Ron Amin                                 Community Safety Committee
Alon Barlevy                            Community Safety Committee
Patric Rayburn                         Cerritos Center for the Performing Arts Board of Directors

*(Newly appointed)

The foregoing motion carried unanimously.

Newly appointed Commissioners and Committee Members were introduced by their appointing Councilmembers and the City Clerk then administered the oath of allegiance.

PUBLIC COMMENTS AND SUGGESTIONS

Merri Wheaton, Cerritos resident, offered a prayer.

Edward Butler, Cerritos resident, encouraged residents to contribute towards the betterment of the community.

CONSENT CALENDAR ITEMS

Approval of Register of Demands

MOTION:  Councilwoman Kappe moved to approve the Register of Demands dated March 24, 2005, Checks 69337 through 69410, Checks 69411 through 69575 and Checks 69576 through 69751, in the total amount of $1,952,292.82. The motion was seconded by Councilwoman Lee 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.

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 PROHIBITION OF TEMPORARY STORAGE CONTAINERS ON RESIDENTIAL ZONED PROPERTY.

Development Code Amendment 2005-2*

*Pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA), this project is exempt from CEQA review.

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 relating to the prohibition of temporary storage containers on residential zoned property as outlined in the staff report dated March 24, 2005.  He noted the City recently began issuing Temporary Use Permits on a trial basis to residents using temporary on-site storage containers to store furniture and other belongings while undergoing home remodeling, indicating that many resident concerns have been received regarding the unsightly nature of the containers, length of time the containers are utilized and safety impacts the containers have on their neighborhoods. He further indicated that staff monitored and evaluated the use of temporary storage containers and concluded that the containers compromise the aesthetic and public safety standards established within the Municipal Code and that other appropriate off-site storage facilities are available to residents. He noted that the Planning Commission recommended approval of the ordinance.

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

ORDINANCE NO. 894

AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 22.22, SINGLE FAMILY RESIDENTIAL (RS) ZONES, OF THE CERRITOS MUNICIPAL CODE RELATING TO THE PROHIBITION OF TEMPORARY STORAGE CONTAINERS ON RESIDENTIAL ZONED PROPERTY.

MOTION:  Mayor Pro Tem Bowlen moved to waive reading of and introduce Ordinance No. 894.  The motion was seconded by Councilwoman Kappe and carried by the following vote:

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

A request by Matson Architects, 13271 South Street, Cerritos, California, 90703, on behalf of the property owner, Brownings Corner, LLC, P.O. Box 367, Cerritos, California 90703, to amend the General Plan Map and Development (Zoning/Land Use) Map designation of a parcel measuring approximately ±0.51 acres, located at 10969 South Street, and a parcel measuring approximately ±0.32 acres, located at 18911 Studebaker Road, Cerritos, California 90703.  The subject sites are currently zoned Regional Commercial (CR) and are located in the Los Cerritos Redevelopment Project Area   
(APN 7038-012-008 and APN 7038-012-010).

Mitigated Negative Declaration*
General Plan Amendment 2005-1
Development Map Amendment 2005-1

Consideration to waive reading of and adopt A RESOLUTION OF THE CERRITOS CITY COUNCIL AMENDING THE CERRITOS GENERAL PLAN BY CHANGING THE LAND USE DESIGNATION OF APPROXIMATELY ±0.83 ACRES OF LAND, LOCATED NORTHWEST OF SOUTH STREET AND STUDEBAKER ROAD  (APN 7038-012-008 AND APN 7038-012-010) AND WITHIN THE LOS CERRITOS REDEVELOPMENT PROJECT AREA, FROM REGIONAL COMMERCIAL (CR) TO DEVELOPMENT AREA FIVE (ADP-5).

Consideration to waive reading of and introduce AN ORDINANCE OF THE CITY OF CERRITOS AMENDING THE CERRITOS DEVELOPMENT MAP BY CHANGING THE ZONE CLASSIFICATION OF APPROXIMATELY ±0.83 ACRES OF LAND LOCATED NORTHWEST OF SOUTH STREET AND STUDEBAKER ROAD (APN 7038-012-008 AND 7038-012-010) AND WITHIN THE LOS CERRITOS REDEVELOPMENT PROJECT AREA, FROM REGIONAL COMMERCIAL (CR) TO DEVELOPMENT AREA FIVE (ADP-5).

*One Mitigated Negative Declaration has been prepared for Development Code Amendment 2005-1, Development Map Amendment 2005-1, General Plan Amendment 2005-1, Conditional Use Permit 2005-1, Precise Plan 2005-4, and Lot Combination 2005-1.

A request by Matson Architects, 13271 South Street, Cerritos, California 90703, on behalf of the property owner, Brownings Corner, LLC, P.O. Box 367, Cerritos, California 90703, to amend Chapter 22.15, Development Area Five (ADP-5), of the Cerritos Municipal Code.  The proposed amendment will amend the boundaries of ADP-5 to incorporate a parcel measuring approximately ±0.51 acres, located at 10969 South Street, and a parcel measuring approximately ±0.32 acres, located at 18911 Studebaker Road, Cerritos, California 90703.  The subject sites are currently zoned CR-Regional Commercial and are located in the Los Cerritos Redevelopment Project Area (APN 7038-012-008 and APN 7038-012-010).

Mitigated Negative Declaration*
Development Code Amendment 2005-1

Consideration to waive reading of and introduce AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 22.15, DEVELOPMENT AREA FIVE (ADP-5), OF THE CERRITOS MUNICIPAL CODE TO AMEND THE BOUNDARIES OF ADP-5.

*One Mitigated Negative Declaration has been prepared for Development Code Amendment 2005-1, Development Map Amendment 2005-1, General Plan Amendment 2005-1, Conditional Use Permit 2005-1, Precise Plan 2005-4, and Lot Combination 2005-1.

A request by Matson Architects, 13271 South Street, Cerritos, California, 90703, on behalf of the property owner, Brownings Corner, LLC, P.O. Box 367, Cerritos, California, 90703, for approval to develop a new parking display lot on an existing vacant lot located at 10969 South Street and to remodel an existing parking display lot located at 18911 Studebaker Road, Cerritos, California.  The proposal also includes combining both legal lots into one (1) ±0.83 acre site. The proposed improvements include pavement, curbs, lights and landscaping for parking display purposes.  The subject sites are currently zoned CR-Regional Commercial and are located in the Los Cerritos Redevelopment Project Area (APN 7038-012-008 and APN 7038-012-010).

Cerritos Redevelopment Agency Conformity Report 2005-5
Mitigated Negative Declaration*
Conditional Use Permit 2005-1
Precise Plan 2005-4
Lot Combination 2005-1

*One Mitigated Negative Declaration has been prepared for Development Code Amendment 2005-1, Development Map Amendment 2005-1, General Plan Amendment 2005-1, Conditional Use Permit 2005-1, Precise Plan 2005-4, and Lot Combination 2005-1.

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.

Associate Planner Lopez provided an overview of the staff reports dated March 24, 2005, relative to Mitigated Negative Declaration, General Plan Amendment 2005-1, Development Map Amendment 2005-1 and Development Code Amendment 2005-1.  He noted that the applicant is proposing to develop a parking display lot on a vacant parcel and remodel an existing parking display lot, which requires changing the zoning and land use designation to Development Area Five (ADP-5).  He indicated that the proposed uses of the site are consistent with the goals established in the development of ADP-5 and the project will be visually compatible with the other surrounding land uses.  He indicated a Mitigated Negative Declaration was prepared and determined that the project would not significantly impact the environment given the implementation of specific mitigation measures.  He also noted that the Planning Commission recommended approval of Development Code Amendment 2005-1, General Plan Amendment 2005-1 and Development Map Amendment 2005-1.

Senior Planner Cisneros reviewed the staff report dated March 24, 2005, relative to Conditional Use Permit 2005-1, Precise Plan 2005-4 and Lot Combination 2005-1.  She reviewed the location, adjacent land uses, proposed site plans and condition of approval relative to Art in Public Places.   In response to Council inquiry, Ms. Cisneros addressed California Regional Water Quality Control Board water quality standards and remediation of the site.

Discussion ensued regarding the condition of approval relative to the City’s contribution of $20,000 towards the installation cost of the art piece pursuant to the Art in Public Places Program.

Interested parties were invited to present testimony. 

Douglas Padelford, representing Brownings Corner, LLC, offered to answer any questions.

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

Mitigated Negative Declaration
General Plan Amendment 2005-1
Development Map Amendment 2005-1

The following modification to the resolution was presented by the City Attorney:

WHEREAS, the Cerritos City Council held a public hearing on March 24, 2005 and at the conclusion of said public hearing the Cerritos City Council did concur with the recommendations of the Planning Commission.

RESOLUTION NO. 2005-4

A RESOLUTION OF THE CERRITOS CITY COUNCIL AMENDING THE CERRITOS GENERAL PLAN BY CHANGING THE LAND USE DESIGNATION OF APPROXIMATELY ±0.83 ACRES OF LAND, LOCATED NORTHWEST OF SOUTH STREET AND STUDEBAKER ROAD  (APN 7038-012-008 AND APN 7038-012-010) AND WITHIN THE LOS CERRITOS REDEVELOPMENT PROJECT AREA, FROM REGIONAL COMMERCIAL (CR) TO DEVELOPMENT AREA FIVE (ADP-5).

MOTION:  It was moved by Councilwoman Kappe and seconded by Councilwoman Lee to waive reading of and adopt Resolution No. 2005-4, as amended.  The motion unanimously carried.

ORDINANCE NO. 895

AN ORDINANCE OF THE CITY OF CERRITOS AMENDING THE CERRITOS DEVELOPMENT MAP BY CHANGING THE ZONE CLASSIFICATION OF APPROXIMATELY ±0.83 ACRES OF LAND LOCATED NORTHWEST OF SOUTH STREET AND STUDEBAKER ROAD (APN 7038-012-008 AND 7038-012-010) AND WITHIN THE LOS CERRITOS REDEVELOPMENT PROJECT AREA, FROM REGIONAL COMMERCIAL (CR) TO DEVELOPMENT AREA FIVE (ADP-5).

MOTION:  Councilwoman Kappe moved to waive reading of and introduce Ordinance No. 895.  The motion was seconded by Councilwoman Lee and carried by the following vote:

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

ORDINANCE NO. 896

AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 22.15, DEVELOPMENT AREA FIVE (ADP-5), OF THE CERRITOS MUNICIPAL CODE TO AMEND THE BOUNDARIES OF ADP-5.

MOTION:  Councilwoman Kappe moved to waive reading of and introduce Ordinance No. 896.  The motion was seconded by Councilwoman Lee and carried by the following vote:

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

Cerritos Redevelopment Agency Conformity Report 2005-5
Mitigated Negative Declaration
Conditional Use Permit 2005-1
Precise Plan 2005-4
Lot Combination 2005-1

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

A.        Receive and file Cerritos Redevelopment Agency Conformity Report 2005-5;

B.         Receive, file, certify and approve the Mitigated Negative Declaration making the findings set forth in Cerritos Planning Commission Resolution No. PC 2005-11;

C.        Approve Conditional Use Permit 2005-1, making the findings set forth in Cerritos Planning Commission Resolution No. PC 2005-15;

D.        Approve Precise Plan 2005-4, making the findings set forth in Cerritos Planning Commission Resolution No. PC 2005-16; and

E.         Approve Lot Combination 2005-1, making the findings set forth in Cerritos Planning Commission Resolution No. PC 2005-17;

as recommended in the staff report dated March 24, 2005.  The motion unanimously carried.

A request for authorization to exchange the unexpended Community Development Block Grant funds allocated to the City of Cerritos for general funds from the City of San Fernando.

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS, CALIFORNIA, APPROVING THE AGREEMENT BETWEEN THE CITY OF CERRITOS AND THE CITY OF SAN FERNANDO, CALIFORNIA, REGARDING THE EXCHANGE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR GENERAL FUNDS FOR THE FISCAL YEAR 2005-2006.

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

Acting Community Development Director Saunders provided an overview of the staff report dated March 24, 2005 regarding the exchange of Cerritos Community Development Block Grant Funds for General Funds from the City of San Fernando, noting the funds will be exchanged at a rate of $.70 on the dollar and will be deposited into the Cerritos Center for the Performing Arts trust fund.

Discussion ensued regarding Community Development Block Grant program criteria and spending restrictions.

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

RESOLUTION NO. 2005-5

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS, CALIFORNIA, APPROVING THE AGREEMENT BETWEEN THE CITY OF CERRITOS AND THE CITY OF SAN FERNANDO, CALIFORNIA, REGARDING THE EXCHANGE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR GENERAL FUNDS FOR THE FISCAL YEAR 2005-2006.

MOTION:  It was moved by Mayor Pro Tem Bowlen and seconded by Councilman Edwards to waive reading of and adopt Resolution No. 2005-5.  The motion unanimously carried.

PENDING LEGAL MATTERS

Resolution for consideration

Options and timeline for actions regarding the Los Coyotes Lighting and Landscaping District.

Consideration to waive reading of and adopt A resolution OF THE CITY COUNCIL OF THE CITY OF CERRITOS, PROPOSING THE CONTINUATION OF THE LOS COYOTES LIGHTING AND LANDSCAPING DISTRICT AND ORDERING THE CITY ENGINEER OR DESIGNEE TO PREPARE A REPORT, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE PROVISIONS OF ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION.

RESOLUTION NO. 2005-6

A resolution OF THE CITY COUNCIL OF THE CITY OF CERRITOS, PROPOSING THE CONTINUATION OF THE LOS COYOTES LIGHTING AND LANDSCAPING DISTRICT AND ORDERING THE CITY ENGINEER OR DESIGNEE TO PREPARE A REPORT, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE PROVISIONS OF ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION.

MOTION:  It was moved by Mayor Pro Tem Bowlen and seconded by Councilwoman Lee to waive reading of and adopt Resolution No. 2005-6.  The motion unanimously carried.

NEW AND OLD BUSINESS

Consideration of the assignment of the ground leases for Phase I of the Cerritos Towne Center from Vestar California I L.P., an Arizona limited partnership and Phase II of the Cerritos Towne Center from Vestar California  I-A L.P., an Arizona limited partnership to Cerritos Towne Center, LLC, a Delaware limited liability company (APN 7030-001-020, APN 7030-001-021,  APN 7030-001-024, APN 7030-001-025, APN 7030-001-026, APN 7030-001-027, APN 7030-001-029, APN 7030-001-030, APN 7030-001-031, APN 7030-001-033, APN 7030-001-037, APN 7030-001-038, APN 7030-001-040, and APN 7030-001-041).

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Edwards to authorize the City Manager to execute the document(s) to facilitate, acknowledge and consent to the transfer of the Ground Leases of Phase I and Phase II of the commercial component of the Cerritos Towne Center from Vestar California I L.P., an Arizona Limited Partnership and Vestar California I-A L.P, an Arizona Limited Partnership (respectively) to Cerritos Towne Center L.L.C., a Delaware Limited Liability Company or its affiliate, in such form as the City Manager shall deem appropriate, including any estoppel certificates required in connection with completion of such assignment.  The motion unanimously carried.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS

Councilman Edwards thanked voters for their support in the City's recent election.

Councilmembers welcomed recently elected Councilman Edwards to the City Council.

Mayor Pro Tem Bowlen announced that Cerritos resident Casey Simpson was a contestant on the Nashville Star television show; requested that the meeting be adjourned in memory of Cerritos resident Shirish Gandhi, who recently passed away; and inquired about and staff responded with an update regarding the Cerritos Senior Center and Cerritos Towne Center expansion projects.

Councilwoman Lee reported on attendance at the Cerritos Crime Prevention Town Hall Meeting; reported on her participation in the read aloud program at Carver Elementary School; and requested that the meeting be also adjourned in memory of Lee Ming Ho, father-in-law of Property Preservation Commissioner Chan-Yong Kim, who recently passed awa

Mayor Crawley announced that Cerritos High School orchestra will be playing at Carnegie Hall.

ADJOURNMENT

There being no further business to come before the City Council, the meeting adjourned at 8:10 p.m. in memory of Cerritos resident Shirish Gandhi and Lee Ming Ho, father-in-law of Property Preservation Commissioner Chan-Yong Kim, both of whom recently passed away.

 

 

/s/ Josephine Triggs
 Josephine Triggs, City Clerk  

Attest:

/s/ John Crawley
John Crawley, Mayor

Approved: April 14,  2005

 

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