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Cerritos City Council Meeting Minutes

MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CERRITOS
HELD JUNE 23, 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

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

PLEDGE OF ALLEGIANCE

Mayor Crawley 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

PRESENTATIONS

David Davis, Past President of the 2005 Tournament of Roses, presented the City Council with a Participants Float Photo for the City of Cerritos’ participation in the 2005 Tournament of Roses Parade.

Mayor Crawley presented proclamations to Carol Rayburn and Lou Rosenkranz of CENTURY 21 Astro for being awarded the 2005 CENTURY 21 Diversity Award; and representatives of Gahr High School upon being awarded Best Delegation Awards from the United Nations Association MUN Conference in New York.

PUBLIC COMMENTS AND SUGGESTIONS

Jerry Guzzetta, Cerritos resident, indicated that the streets in his neighborhood have been recently slurry sealed and requested resurfacing of the streets to correct problems in the streets.

Alon Barlevy, Cerritos resident and Community Safety Committee Member, commented on the success of the recent Cerritos Crime Prevention Town Hall Meeting and requested that the Council continue to support quarterly meetings.

Jack Hazelrig, Los Angeles County Vector Control General Manager, discussed Vector Control’s efforts to address recent West Nile Virus activity in the area and presented information on preparing for the mosquito season.

CONSENT CALENDAR ITEMS

Approval of Register of Demands

MOTION:  Councilwoman Kappe moved to approve the Register of Demands dated June 23, 2005, Checks 71962 through 72035, Checks 72036 through 72230 and Checks 72231 through 72412, in the total amount of $8,844,114.05. The motion was seconded by Councilwoman Lee and unanimously carried.

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

MOTION:  Councilwoman Kappe moved to approve the Treasurer’s Report for the period ending May 31, 2005.  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 June 8, 2005 City Council Special Meeting.  The motion was seconded by Councilwoman Lee and unanimously carried.    

PUBLIC HEARINGS

Joint public hearing of the Cerritos City Council and the Cerritos Redevelopment Agency concerning the proposed adoption of resolutions approving the use of Agency funds for payment of the cost of the installation and construction of publicly owned improvements for the Magnolia Power Plant.

Cerritos Redevelopment Agency Summary Report – Agency funding of the cost of the installation and construction of publicly owned improvements pursuant to Health and Safety Code Section 33445 (City of Cerritos Magnolia Power Plant Debt Service).

Cooperation Agreement

Consideration of proposed actions to retire City’s debt service for the Magnolia Power Project.

The adoption of resolutions by the Cerritos City Council and Cerritos Redevelopment Agency authorizing the Agency’s payment of the City’s debt service on certain City bond payments related to a portion of the cost of the construction and installation of the Magnolia Power Plant which is a publicly owned facility.

Consideration to waive reading of and adopt A RESOLUTION OF THE CERRITOS REDEVELOPMENT AGENCY APPROVING THE AGENCY’S PAYMENT FOR COSTS FOR THE INSTALLATION AND CONSTRUCTION OF PUBLICLY OWNED IMPROVEMENTS (MAGNOLIA POWER PLANT).

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS CONSENTING TO THE CERRITOS REDEVELOPMENT AGENCY’S PAYMENT FOR COSTS FOR THE INSTALLATION AND CONSTRUCTION OF PUBLICLY OWNED IMPROVEMENTS (MAGNOLIA POWER PLANT).

(Continued from the June 8, 2005 City Council/Redevelopment Agency meeting.)

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

Assistant City Manager/Administrative Services Saunders presented an overview of the staff report dated June 23, 2005.  He referenced the payment scenario and related enabling legislation associated with the installation and construction of publicly owned improvements for the Magnolia Power Plant.

Discussion ensued regarding possible benefits of accelerated debt service payment; and the 60-day period in which to challenge the proposal.

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

RESOLUTION NO. 2005-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS CONSENTING TO THE CERRITOS REDEVELOPMENT AGENCY’S PAYMENT FOR COSTS FOR THE INSTALLATION AND CONSTRUCTION OF PUBLICLY OWNED IMPROVEMENTS (MAGNOLIA POWER PLANT).

MOTION:  It was moved by Councilwoman Lee and seconded by Councilwoman Kappe to receive and file the Cerritos Redevelopment Agency Summary Report dated May 19, 2005 and to waive reading of and adopt Resolution No. 2005-18.  The motion unanimously carried.

Consideration to waive reading of and introduce AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 9.49 OF THE CERRITOS MUNICIPAL CODE TO PROHIBIT SMOKING IN PUBLIC PARKS AND AT THE CIVIC CENTER.

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

Community and Safety Services Director Berg presented an overview of a proposed ordinance to prohibit smoking in public parks, the drafting of which was directed at the June 2, 2005 City Council meeting.  He noted the inclusion of the Civic Center and exclusion of Iron-Wood Nine Golf Course.  In response to Council inquiry, Mr. Berg discussed the rationale of including the prohibition of smoking at the Civic Center in the ordinance. 

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

ORDINANCE NO. 902

AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 9.49 OF THE CERRITOS MUNICIPAL CODE TO PROHIBIT SMOKING IN PUBLIC PARKS AND AT THE CIVIC CENTER.

MOTION: Councilman Edwards then moved to waive reading of and introduce Ordinance No. 902. The motion was seconded by Councilwoman Lee and carried by the following vote:

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

Consideration to waive reading of and adopt A JOINT RESOLUTION OF THE CERRITOS CITY COUNCIL AND CERRITOS REDEVELOPMENT AGENCY APPROVING A REPORT PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33445 REGARDING THE CONSTRUCTION OF ROADWAY IMPROVEMENTS IN PROPERTY OWNED BY THE CITY OF CERRITOS AND DESCRIBED AS NORWALK BOULEVARD BOUNDED BY ARTESIA BOULEVARD AND 166TH STREET.

The proposed project is categorically exempt.

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

Community Development Director Contreras provided an overview of the staff report dated June 23, 2005, noting that the proposal is to utilize Redevelopment Agency funds for the construction of medians from Artesia Boulevard to 166th Street, and also noted relating findings associated with California Health and Safety Code Section 33445.

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

RESOLUTION NO. 2005-19
RESOLUTION NO. CRA 2005-5

A JOINT RESOLUTION OF THE CERRITOS CITY COUNCIL AND CERRITOS REDEVELOPMENT AGENCY APPROVING A REPORT PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33445 REGARDING THE CONSTRUCTION OF ROADWAY IMPROVEMENTS IN PROPERTY OWNED BY THE CITY OF CERRITOS AND DESCRIBED AS NORWALK BOULEVARD BOUNDED BY ARTESIA BOULEVARD AND 166TH STREET.

MOTION:  It was moved by Mayor Pro Tem Bowlen and seconded by Councilwoman Kappe to waive reading of and adopt Joint Resolution No. 2005-19 and Resolution      No. CRA 2005-5.  The motion unanimously carried.

Consideration of the continuation of 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, ORDERING A REASSESSMENT WITHIN THE LOS COYOTES LIGHTING AND LANDSCAPING DISTRICT, CONFIRMING THE FINDINGS OF THE ENGINEER'S REPORT, PROVIDING FOR IMPROVEMENTS TO, THE MAINTENANCE OF AND THE FURNISHING OF ELECTRIC CURRENT AND LANDSCAPING TO THE LOS COYOTES LIGHTING AND LANDSCAPING DISTRICT, AND ORDERING THE REMITTANCE OF ASSESSMENTS FROM RESERVES IN THE LOS COYOTES LIGHTING AND LANDSCAPING FUND AND OTHER AVAILABLE REVENUES.

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

Budget Administrator DeMasi provided an overview of the staff report dated June 23, 2005, noting the assessment fee schedule per parcel.  He indicated that staff is recommending that the assessments be levied and remitted back through the re-establishment of the Los Coyotes Lighting and Landscaping District, resulting in a charge of $0 to the individual property owners, with the exception of the Towne Center landscaping assessment, which is subject to contractual provisions.

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

In response to Council inquiry, City Manager Gallucci discussed the option to levy assessments to property owners in the future. 

RESOLUTION NO. 2005-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS, ORDERING A REASSESSMENT WITHIN THE LOS COYOTES LIGHTING AND LANDSCAPING DISTRICT, CONFIRMING THE FINDINGS OF THE ENGINEER'S REPORT, PROVIDING FOR IMPROVEMENTS TO, THE MAINTENANCE OF AND THE FURNISHING OF ELECTRIC CURRENT AND LANDSCAPING TO THE LOS COYOTES LIGHTING AND LANDSCAPING DISTRICT, AND ORDERING THE REMITTANCE OF ASSESSMENTS FROM RESERVES IN THE LOS COYOTES LIGHTING AND LANDSCAPING FUND AND OTHER AVAILABLE REVENUES.

MOTION:  It was moved by Mayor Pro Tem Bowlen and seconded by Councilwoman Lee to waive reading of and adopt Resolution No. 2005-20.  The motion carried, with Mayor Crawley dissenting.

Consideration of the Combined Financial Program for the City of Cerritos and Cerritos Redevelopment Agency for Fiscal Year 2005-2006.

Consideration to waive reading of and adopt A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS AND THE CERRITOS REDEVELOPMENT AGENCY APPROVING AND ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR 2005-2006, APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH THEREIN, AND APPROVING THE CITY OF CERRITOS'/CERRITOS REDEVELOPMENT AGENCY'S INVESTMENT POLICY FOR THE FISCAL YEAR 2005-2006.

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

Budget Administrator DeMasi presented an overview of the staff report dated June 23, 2005.  He provided a summary of the City and Redevelopment Agency operating and capital improvement budgets; and low and moderate income housing capital improvement budget.  He indicated that the Redevelopment Agency capital improvement program includes an allocation of $325,000 for a rubberized running track at Cerritos Park East; and the City and Redevelopment Agency’s investment policy is incorporated into the budget adoption process in compliance with Senate Bill 564.

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

RESOLUTION NO. 2005-21
RESOLUTION NO. CRA 2005-6

A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS AND THE CERRITOS REDEVELOPMENT AGENCY APPROVING AND ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR 2005-2006, APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH THEREIN, AND APPROVING THE CITY OF CERRITOS'/CERRITOS REDEVELOPMENT AGENCY'S INVESTMENT POLICY FOR THE FISCAL YEAR 2005-2006.

MOTION:  It was moved by Councilwoman Kappe and seconded by Councilwoman Lee to receive and file the Planning Commission resolution finding the Capital Improvement Plan for fiscal year 2005-2006 in conformance with the General Plan for both the City of Cerritos and the Cerritos Redevelopment Agency; and to waive reading of and adopt Joint Resolution No. 2005-21 and Resolution No. CRA 2005-6.  The motion unanimously carried.

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS SELECTING APPLIED DEVELOPMENT ECONOMICS, 2029 UNIVERSITY AVENUE, BERKELEY, CALIFORNIA, AS THE PREFERRED CONSULTANT TO PREPARE THE CERRITOS ECONOMIC DEVELOPMENT STRATEGIC PLAN AND AUTHORIZE THE CITY MANAGER TO EXCLUSIVELY NEGOTIATE AND EXECUTE A CONTRACT WITH SAID CONSULTANT.

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

Redevelopment/Economic Development Administrator Anthony provided an overview of the staff report dated June 23, 2005, noting that three consultants were interviewed and the Economic Development Commission recommended Applied Development Economics as the most qualified consultant to prepare the Cerritos Economic Development Strategic Plan.  He also presented qualifications and experience of Applied Development Economics.   

In response to Council inquiry, Mr. Anthony addressed the costs to prepare the strategic plan; and Community Development Director Contreras addressed the scope of services provided in the contract, the goals, objectives and responsibilities of the Economic Development Commission in fostering the development of the strategic plan, and the objective of the strategic plan in providing recommendations for economic growth for the City.

City Manager Gallucci indicated that the retention of a consultant to prepare the strategic plan was undertaken pursuant to Council’s direction as part of the formation of the Economic Development Commission.

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

RESOLUTION NO. 2005-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS SELECTING APPLIED DEVELOPMENT ECONOMICS, 2029 UNIVERSITY AVENUE, BERKELEY, CALIFORNIA, AS THE PREFERRED CONSULTANT TO PREPARE THE CERRITOS ECONOMIC DEVELOPMENT STRATEGIC PLAN AND AUTHORIZE THE CITY MANAGER TO EXCLUSIVELY NEGOTIATE AND EXECUTE A CONTRACT WITH SAID CONSULTANT.

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Edwards to waive reading of and adopt Resolution No. 2005-22.  The motion unanimously carried.

PUBLIC WORKS ACTIVITIES

Consideration of award of contract for the rehabilitation of the groundwater pump station at the Cerritos Center for the Performing Arts, Bid No. 1002-05, Project No. 12026.

MOTION:  It was moved by Councilwoman Kappe and seconded by Councilwoman Lee to award a contract for the rehabilitation of the groundwater pump station at the Cerritos Center for the Performing Arts, Bid No. 1002-05, Project No. 12026, to Fleming Environmental, Inc. for $382,772 and to reject all other bids.  The motion unanimously carried.

Consideration of award of contract by the City Council and Redevelopment Agency for the construction of street improvements in Norwalk Boulevard from Artesia Boulevard to Alondra Boulevard, Bid No. 999-05, Project No. 13013.

MOTION:  It was moved by Councilwoman Lee and seconded by Councilwoman Kappe to award a contract for the construction of street improvements in Norwalk Boulevard from Artesia Boulevard to Alondra Boulevard, Bid No. 999-05, Project No. 13013, to apparent lower bidder, All American Asphalt for $711,741 and to reject all other bids.  The motion unanimously carried.

Consideration and award of contract for the sole source purchase and installation of driving range lighting upgrades at the Iron-Wood Nine Golf Course, Projects No. 10051 and 10056.

MOTION:  It was moved by Mayor Pro Tem Bowlen and seconded by Councilman Edwards to make the following findings:  the unique qualities of Musco products and services are specially suited for the specific use at Iron-Wood Golf Course; staff has negotiated fair and reasonable terms for the products and services; staff has satisfied the purposes of the Bidding Statute of the Cerritos Municipal Code, and that it is reasonable and necessary to sole source the purchase and installation of driving range lighting upgrades; and award a contract to Musco Lighting for the design and installation of driving range lighting upgrades at Iron-Wood Nine Golf Course, Projects No. 10051 and 10056, in an amount not to exceed $178,370.  The motion unanimously carried.

Consideration of award of contract for the installation of in-roadway flashing crosswalk lights (at various locations in the City of Cerritos), Bid No. 1003-05, Project No. 15066.

MOTION:  It was moved by Councilman Edwards and seconded by Councilwoman Kappe to award a contract for the installation of in-roadway flashing crosswalk lights, Bid No. 1003-05, Project No. 15066, to Republic Electric for $259,600 and to reject all other bids.  The motion unanimously carried.

NEW AND OLD BUSINESS

Consideration and award of Bid No. 1001-05, printing of the Cerritos Center for the Performing Arts On Stage Programs.

MOTION:  It was moved by Councilwoman Lee and seconded by Councilwoman Kappe to award Bid No. 1001-05 for the printing of the Cerritos Center for the Performing Arts On Stage Programs to Apollo Graphics in the amount of $56,918.19.  The motion unanimously carried.

Consideration of a request for approval of the proposed assignment of the ground lease for 12725 Center Court Drive  in the Cerritos Towne Center from Cerritos Associates, L.P., a California Limited Partnership, to Sunstone Center Court, L.L.C., a Delaware Limited Liability Company or its affiliate, and request for modification of the rent provisions set forth in said ground lease       
(APN 7030-011-006).

City Manager Gallucci provided background of the ground lease between the Cerritos Redevelopment Agency and Cerritos Associates, L.P., as outlined in the staff report dated June 23, 2005; addressed the proposal by Cerritos Associates, L.P. to sell the Sheraton Cerritos to Sunstone Center Court; and discussed the terms of the new lease agreement.  

Discussion ensued regarding income revenues generated from rents/leases; bed taxes and tax increment.

Roberta Irish, Cerritos Associates, L.P., offered to answer any questions and noted the benefit to the City from the sale of the hotel to Sunstone Center Court.

MOTION:  It was moved by Mayor Pro Tem Bowlen and seconded by Councilman Edwards to authorize the City Manager/Executive Director to execute the document(s) to acknowledge and consent to the transfer of the Ground Lease from Cerritos Associates, L.P., a California Limited Partnership, to Sunstone Center Court, L.L.C., a Delaware Limited Liability Company, 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

Mayor Pro Tem Bowlen reported on his attendance at Flag Day Celebrations at the Los Cerritos Shopping Center and Juarez Elementary School.

Councilwoman Lee congratulated the Cerritos Library on its summer reading program.

Councilman Edwards reported on his attendance at and the success of the Community Golf Tournament at Iron-Wood Nine Golf Course.

Mayor Crawley announced that he would be unable to attend the upcoming Let Freedom Ring Celebration at Cerritos Park East because he has been invited to attend the National Bell Ringing Ceremony in Philadelphia on the Fourth of July.

CLOSED SESSION

City Attorney Canzoneri announced the following Closed Session items:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54957 AND LABOR NEGOTIATIONS WITH UNREPRESENTED EMPLOYEES PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54957.6

Title:   City Manager
Agency Designated Representative:  Art Gallucci

Title:   City Clerk
Agency Designated Representative:  Josephine Triggs

Title:   City Attorney
Agency Designated Representative:  Anthony Canzoneri

CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54957.6

Agency Designated Representative:  Mayor John F. Crawley

Unrepresented Employees: City Manager, City Clerk and City Attorney

The City Council convened in Closed Session at 8:30 p.m.  The meeting reconvened at 10:05 p.m., with all City Councilmembers in attendance.

Consideration of salary and compensation adjustments for City Charter Employees

MOTION:  It was moved by Councilman Edwards and seconded by Councilwoman Kappe to authorize a cost of living salary increase for the City Manager, City Clerk and City Attorney as follows: three percent (3%) cost of living adjustment retroactive to July 1, 2004; and four percent (4%) cost of living adjustment effective July 1, 2005.  The motion carried unanimously.

ADJOURNMENT

There being no further business to come before the City Council, the meeting adjourned at 10:05 p.m.

 

 

/s/ Josephine Triggs
 Josephine Triggs, City Clerk

Attest:

/s/ John F. Crawley
John F. Crawley, Mayor

Approved: July 14, 2005

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