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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD AUGUST 25, 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 Tim Mull of Artesia-Cerritos Methodist 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 Jim Edwards
Councilwoman Gloria Kappe
Councilwoman Laura Lee
Mayor Pro Tem Paul W. Bowlen
Mayor John F. Crawley

PRESENTATIONS

The Mayor presented a proclamation to representatives of the Whitney High School Settlement Club for winning first place in the Space Settlement Design Competition held at the Kennedy Space Center in Florida in July 2005.

PUBLIC COMMENTS AND SUGGESTIONS

Merri Wheaton, Cerritos resident, offered a prayer.

Jack Janes, Cerritos resident, discussed balloon advertising at the auto dealerships and requested City’s assistance in prohibiting balloon advertising.

CONSENT CALENDAR ITEMS

Approval of Register of Demands

MOTION:  It was moved by Councilwoman Kappe and seconded by Councilman Edwards to approve the Register of Demands dated August 25, 2005, Checks 73647 through 73719, Checks 73720 through 73896 and Checks 73897 through 74099, in the total amount of $4,715,973.47. The motion carried unanimously.

Approval of Minutes

MOTION:  It was moved by Councilwoman Kappe and seconded by Councilman Edwards to approve the Minutes of the August 11, 2005 Regular City Council Meeting. The motion carried unanimously.

PUBLIC HEARINGS

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089.

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

Management Analyst Kellam provided background information regarding the Congestion Management Program and presented an overview of the staff report dated August 25, 2005. He addressed the MTA’s suspension of the CMP Countywide Deficiency Plan requirement for maintaining a positive credit balance for transportation improvement strategies; the 2005 CMP Local Development Report requirement for reporting new development activity and new development adjustments; and reviewed the City’s development activity and adjustments.

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

RESOLUTION NO. 2005-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089.

MOTION:  It was moved by Councilwoman Lee and seconded by Councilwoman Kappe to waive reading of and adopt Resolution No. 2005-30. The motion unanimously carried.

A proposal by Salim Lakhani, President/CEO Al-Ilm Educational Academy, on behalf of the property owner, 9626 Flower, LLC, 18303 Gridley Road, Cerritos, California 90703 to permit school uses in the existing commercial office building at 19446 Norwalk Boulevard, Cerritos, California 90703. The subject site is zoned COP, Commercial, Office, Professional and is located in the Los Coyotes Redevelopment Project Area (APN 7054-011-035).

Cerritos Redevelopment Agency Conformity Report 2005-9
Negative Declaration
Conditional Use Permit 2005-3

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

Current Planning Manager Hamilton provided an overview of the staff report dated August 25, 2005. She reviewed details of the project, including aerial photo of the site, existing site development, site plan, floor plans, adjacent businesses and elevations. She noted that students attending the academy are home schooled and would attend classes during the week to meet State requirements. In response to Council inquiry, Ms. Hamilton indicated that due to parking limitations the schedule of classes allows for only one 15-year-old or older student at any one time at the academy.

Interested parties were invited to address the City Council on this matter.

Salim Lakhani, President/CEO Al-Ilm Educational Academy, indicated that students attending the academy are home-schooled and enrolled in the State mandated Community Home Education Program in Costa Mesa, noting that tutoring at the site is provided for the required student subjects. In response to Council inquiry, Mr. Lakhani indicated that there are both certified and non-certified teachers at the academy. He added that there was a six-student proposal initially and that number was increased to 13 students, confirming that there would be no more than 13 students total attending the academy at one time. In addition, Mr. Lakhani indicated that because some students have driving permits, only one 15-year-old or older student is allowed at the school at any one time due to parking limitations. He commented further that the focus of the academy is students through eighth grade and high school students would not be accepted.

Reference was made to Condition of Approval *42 which stated that no religious services of any kind shall be allowed at any time. Ms. Hamilton confirmed that the subject application provides for a school use only, with no religious services being permitted because the requirements for a church use in this zone are more rigorous.

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

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

A. Receive and file the Cerritos Redevelopment Agency Conformity Report 2005-9;

B. Receive, file, certify and approve the Negative Declaration making the findings set forth in the Cerritos Planning Commission Resolution No. PC 2005-54; and

C. Approve Conditional Use Permit 2005-3, making the findings set forth in Cerritos Planning Commission Resolution No. 2005-55;

as recommended in the staff report dated August 25, 2005. The motion unanimously carried.

Agenda Item 9C

Consideration of a request from Knology Broadband of California, Inc. to transfer its Cerritos Cable Television Franchise to WaveDivision Holdings, LLC.

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM KNOLOGY BROADBAND OF CALIFORNIA INC. TO WAVE BROADBAND, LLC, A WHOLLY OWNED SUBSIDIARY OF WAVEDIVISION HOLDINGS, LLC.


Consideration to waive reading of and introduce AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERRITOS GRANTING TO WAVE BROADBAND, LLC, A WHOLLY OWNED SUBSIDIARY OF WAVEDIVISION HOLDINGS, LLC, A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, RECONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM WITHIN THE STREETS AND PUBLIC WAYS IN THE CITY OF CERRITOS AND TO OFFER TO SUBSCRIBERS CABLE SERVICES UTILIZING THE FACILITIES OF GRANTEE’S CABLE SYSTEM.

Agenda Item 10A


PENDING LEGAL MATTERS

Ordinance for consideration

Consideration to waive reading of and introduce AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERRITOS REPEALING ORDINANCE NO. 636 AND ORDINANCE NO. 770, COMPRISING CHAPTER 14.08 OF THE CERRITOS MUNICIPAL CODE, AND REPLACING SAID CHAPTER WITH A NEW CHAPTER 14.08 PROVIDING FOR CABLE SYSTEM REGULATION.

It was noted that Agenda Items 9C and 10A would be heard concurrently. The Mayor read title to the items and called upon staff for the report.

Assistant City Manager/Administrative Services Saunders provided background information relative to the City’s cable television system and an overview of the transfer of the cable television franchise, revised cable system ordinance and provisions of the new franchise as outlined in the staff reports dated August 25, 2005.

In response to Council inquiry, Mr. Saunders addressed the customer rate increases; increased programming with the upgraded cable television system; foreign language programming; high-speed internet service; replacement of portions of existing cable conduit; and interruption of cable television service during construction.

Interested parties were invited to address the City Council on this matter.

Craig Heiding, President of the California Division of Wave Broadband, noted the following: the upgraded 860 Megahertz system would provide an increased capacity; construction will begin immediately following the approval of the franchise agreement; the existing cable television system will operate simultaneously with new cable television system during construction; and service will be interrupted at a minimal of four hours per day during construction with service reactivated by the end of the work day. He added that the cable television service would include high-speed internet access, increased programming, increased level of service, programming packages and foreign language programming. In response to Council inquiry, Mr. Heiding indicated that the goal is to complete construction within six months; the new rate schedule has not been completed and would be reflective of programming options, competitive pricing, increased level of service and programming package options; and stated that most of the existing cable system utility boxes would be retained.

In response to Council inquiry, Mr. Saunders indicated that Wave Broadband is required to provide customer notification regarding construction schedule and interruption of cable service, and residents will also be provided notification via the Cerritos News, Channel 3, the City’s website and press releases.

John McKinney, Cerritos resident, spoke in support of the proposed cable television service and noted the importance of programming, digital cable service and high definition capability.

Fred Portilla, Cerritos resident, spoke in support of the proposed cable television service.

Martin Flax, Cerritos resident, inquired about and received a response regarding cable modem options, availability of rate schedule and the option to subscribe to the new cable television service before installation.

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

Agenda Item 9C

RESOLUTION NO. 2005-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM KNOLOGY BROADBAND OF CALIFORNIA INC. TO WAVE BROADBAND, LLC, A WHOLLY OWNED SUBSIDIARY OF WAVEDIVISION HOLDINGS, LLC.

MOTION:
  It was moved by Councilwoman Kappe and seconded by Councilman Edwards to waive reading of and adopt Resolution No. 2005-31. The motion unanimously carried.

ORDINANCE NO. 906

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERRITOS GRANTING TO WAVE BROADBAND, LLC, A WHOLLY OWNED SUBSIDIARY OF WAVEDIVISION HOLDINGS, LLC A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, RECONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM WITHIN THE STREETS AND PUBLIC WAYS IN THE CITY OF CERRITOS AND TO OFFER TO SUBSCRIBERS CABLE SERVICES UTILIZING THE FACILITIES OF GRANTEE’S CABLE SYSTEM.

MOTION:
  It was moved by Councilman Edwards and seconded by Councilwoman Lee to waive reading of and introduce Ordinance No. 906. The motion carried by the following vote:

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

Agenda Item 10A

ORDINANCE NO. 907

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERRITOS REPEALING ORDINANCE NO. 636 AND ORDINANCE NO. 770, COMPRISING CHAPTER 14.08 OF THE CERRITOS MUNICIPAL CODE, AND REPLACING SAID CHAPTER WITH A NEW CHAPTER 14.08 PROVIDING FOR CABLE SYSTEM REGULATION.

MOTION:
 It was moved by Councilwoman Lee and seconded by Councilwoman Kappe to waive reading of and introduce Ordinance No. 907. The motion carried by the following vote:

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

PENDING LEGAL MATTERS

Resolution for consideration

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS DECLARING ITS INTENTION TO GRANT A FRANCHISE TO PACIFIC TERMINALS, LCC (Delaware).

RESOLUTION NO. 2005-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS DECLARING ITS INTENTION TO GRANT A FRANCHISE TO PACIFIC TERMINALS, LCC (Delaware).

MOTION:  It was moved by Councilwoman Lee and seconded by Councilwoman Kappe to waive reading of and adopt Resolution No. 2005-32. The motion unanimously carried.

NEW AND OLD BUSINESS

Consideration of a request of the American Association of University Women regarding its October 26, 2005 candidate forum.

Marilyn Forsstrom, Cerritos resident and representative of the La Palma-Cerritos Branch of the American Association of University Women, indicated that the branch has been successful in hosting televised candidate forums for school boards, city council and local representatives and requested Council’s approval to continue the service to the community.

MOTION: 
It was moved by Councilwoman Kappe and seconded by Councilwoman Lee to authorize the La Palma-Cerritos Branch of the American Association of University Women to use the Council Chambers on Wednesday, October 26, 2005, from 6 p.m. to 10:00 p.m., for the purpose of holding a candidates’ forum for ABC Unified School District Board candidates in the upcoming November election, with the City absorbing the costs associated with cable casting the event. The motion carried, with Mayor Pro Tem Bowlen dissenting.

Consideration of a request by Delta Environmental Consultants, Inc., 27141 Aliso Creek Road, Suite 270, Aliso Viejo, California for an extension of Temporary Use Permit 2005-3 allowing for a soil/water remediation system to be located at 12157 Artesia Boulevard (APN 7033-036-001).

MOTION: 
It was moved by Councilwoman Kappe and seconded by Councilman Edwards to authorize the City Manager to issue an extension for Temporary Use Permit 2005-3 for two (2) additional years, with an expiration date of August 25, 2007. The motion unanimously carried.

Consideration by the Cerritos Redevelopment Agency of a lease agreement with the Los Angeles County Metropolitan Transportation Authority (MTA) for property located west of Studebaker Road, south of Artesia Boulevard and east of the 605 freeway within the Los Cerritos Redevelopment Project Area (APN 7034-016-907).

MOTION: 
It was moved by Mayor Pro Tem Bowlen and seconded by Councilman Edwards to approve a lease agreement between the Cerritos Redevelopment Agency and the Los Angeles County Metropolitan Transportation Authority, subject to approval as to form by Agency Counsel, for the property located west of Studebaker Road, southwest of the intersection of Artesia Boulevard and Studebaker Road and east of the 605 Freeway (APN 7034-016-907); and authorize the Executive Director to execute a lease agreement between the Cerritos Redevelopment Agency and the Los Angeles County Metropolitan Transportation Authority, subject to approval as to form by Agency Counsel, for the property located west of Studebaker Road, southwest of the intersection of Artesia Boulevard and Studebaker Road and east of the 605 Freeway
(APN 7034-016-907). The motion unanimously carried.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS

Councilman Edwards reported on his attendance at the 22nd Annual Sculpture in the Park Conference in Loveland, Colorado and the opening season of Cerritos Center for the Performing Arts; and invited the community to attend “A Grateful Nation Remembers” event in commemoration of the 60th anniversary of the end of World War II and V-J Day on Saturday, August 27, 2005 at 11:00 a.m., Forest Lawn Memorial Park, Hall of Liberty Auditorium, Hollywood Hills.

Councilwoman Lee announced that there will be an American Red Cross Blood Drive for Senior Services Supervisor Chelsea Otero on Wednesday, September 7, 2005, from 10:00 a.m. to 4:00 p.m., at the Cerritos Center for the Performing Arts.

Councilwoman Kappe also reported on her attendance at the opening season of the Cerritos Center for the Performing Arts and announced that there will also be an American Red Cross Blood Drive for Chelsea Otero on Wednesday, September 7, 2005, from 1:00 p.m. to 7:00 p.m., at the Cerritos Library.

Mayor Pro Tem Bowlen encouraged the community to participate in the upcoming blood drives and in reference to “A Grateful Nation Remembers” expressed appreciation to Mayor Crawley and Councilman Edwards for their service in Vietnam.

ADJOURNMENT

There being no further business to come before the City Council, the meeting adjourned at 8:30 p.m.

 

/s/ Josephine Triggs
 Josephine Triggs, City Clerk

Attest:

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

Approved: September 8, 2005

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