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Cerritos City Council Meeting Minutes

MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD DECEMBER 5, 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                        

Reverend Joseph Lao of First Evangelical Church of Cerritos offered the invocation.

PLEDGE OF ALLEGIANCE

Girl Scout Troop 1 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

Mayor Crawley presented a proclamation to Breanna Carter, Janinda Gunawardene,  Nola He and Dustin Tsai for their outstanding volunteer service to Cerritos and for riding in a place of honor on the City’s Tournament of Roses Parade Float on January 2, 2006.

PUBLIC COMMENTS AND SUGGESTIONS

Mayor Crawley invited comments from those who wished to address the City Council on other than agenda items.  There was no response and the public comments and suggestions portion of the meeting was closed.

CONSENT CALENDAR ITEMS

Approval of Register of Demands

MOTION:  It was moved by Councilwoman Lee and seconded by Councilwoman Kappe to approve the Register of Demands dated December 5, 2005, Checks 76655 through 76840, Check No. 76841, Checks 76842 through 76915 and Checks 76916 through 77205, in the total amount of $7,249,192.48.  The motion unanimously carried. 

Approval of Minutes 

MOTION:  It was moved by Councilwoman Lee and seconded by Councilwoman Kappe to approve the Minutes of the November 22, 2005 Special City Council Meeting.  The motion unanimously carried. 

PUBLIC MEETING ITEM

Review and consideration of improved ADA-accessible (Americans with Disabilities Act) gateways and fencing to the Coyote Creek trail, from Shoemaker Avenue at the entrance of Cerritos Regional Park to Del Amo Boulevard, to improve the safety of pedestrians and cyclists entering and exiting the Cerritos Sports Complex.

Recreation Services Superintendent Mendoza presented an overview of the proposed improvements to the Coyote Creek trail as outlined in the staff report dated December 5, 2005, noting that the San Gabriel and Lower Los Angeles Rivers and Mountain Conservancy awarded the City $250,000 in grant funding for the project.  Mr. Mendoza also noted that the Parks and Recreation Commission recommended approval of the proposed improvements.  

Mayor Crawley indicated that he would not participate in consideration of this matter due to a potential conflict of interest related to the close proximity of his residence to the subject project.  He then left the dais at this juncture, 7:14 p.m.  Mayor Pro Tem Bowlen assumed the chair.  

Interested parties were invited to address the City Council on this matter.  No one wished to address the City Council and the public input portion of this item was closed. 

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Edwards to approve the proposed improvements to the Coyote Creek trail as outlined in the staff report dated December 5, 2005.   The motion carried, with Mayor Crawley absent. 

Mayor Crawley returned to the dais at this juncture, 7:16 p.m. 

Public Hearings 

Consideration to waive reading of and introduce AN ORDINANCE OF THE CITY OF CERRITOS AMENDING VARIOUS SECTIONS OF THE CERRITOS MUNICIPAL CODE RELATING TO THE ADDITION OF CONVENIENCE SERVICE STATIONS AS A CONDITIONAL USE IN COMMERCIAL ZONES.

Negative Declaration

Development Code Amendment 2005-7 

(Continued from the November 10, 2005 City Council meeting.)

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

Advance Planning/Redevelopment Manager Lopez provided an overview of the proposed ordinance to regulate convenience service stations via the conditional use permit process, as outlined in the staff report dated December 5, 2005, noting that the proposed ordinance was developed as a result of recent interest in the conversion of an existing automobile service station into a convenience service station.  He reported that subsequent to Planning Commission review, language was added to the ordinance to address lighting and alcoholic beverage sale and display regulations.  Mr. Lopez responded to Council inquiries as follows: alcohol is not sold at existing service station facilities within the City, which offer primarily automobile repair and gasoline sales services; off-site alcohol beverage licenses are administered by the State Department of Alcoholic Beverage Control (ABC); and the sale of alcoholic beverages from convenience service stations cannot be prohibited, but may be regulated, and is not currently regulated by the Municipal Code.  The ABC’s alcoholic beverage license application process was addressed by Mr. Lopez as well as the difference between an automobile service station and a convenience service station.  He observed that the proposed ordinance would not regulate the proximity of convenience service stations to schools, adding that the ABC has the authority to deny an alcoholic beverage license if the facility is located within 600 feet of a school, and he discussed the conditional use permit revocation process. 

Discussion ensued regarding the proximity of the convenience service stations to schools; the possibility of students purchasing alcoholic beverages from convenience service stations; the convenience service station hours of operation; and other businesses in the City currently offering alcoholic beverages for sale. 

Interested parties were invited to present testimony.   

Reverend Joseph Lao, First Evangelical Church of Cerritos, suggested that the conditional use permit regulate the proximity of convenience service stations to schools. 

Lea Tran, representing an automobile service station located within the City, expressed an interest in converting their automobile service station into a convenience service station due to the decline in automotive repair business.  She expressed concurrence with the proposed conditional use process, noting their intent not to sell alcoholic beverages. 

Paul Bellebaum, Cerritos resident, commented on the penalties imposed on merchants who sell alcoholic beverages to persons under 21 years of age. 

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

ORDINANCE NO. 909

AN ORDINANCE OF THE CITY OF CERRITOS AMENDING VARIOUS SECTIONS OF THE CERRITOS MUNICIPAL CODE RELATING TO THE ADDITION OF CONVENIENCE SERVICE STATIONS AS A CONDITIONAL USE IN COMMERCIAL ZONES.

MOTION:
  It was moved by Councilwoman Kappe and seconded by Councilwoman Lee to waive reading of and introduce Ordinance No. 909.  The motion carried by the following vote: 

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

Mayor Pro Tem Bowlen and Councilman Edwards indicated a preference to prohibit the sale of alcoholic beverages at convenience service stations in close proximity to schools.

Public Works Activities 

Consideration and approval of participation in litigation against the Los Angeles Regional Water Quality Control Board and State Water Board challenging the Basin Plan for the Los Angeles Region and the 2004 Triennial Review Process.

MOTION:  It was moved by Mayor Pro Tem Bowlen and seconded by Councilwoman Kappe to approve the participation in litigation against the Los Angeles Regional Water Quality Control Board and State Water Board challenging the Basin Plan for the Los Angeles Region and the 2004 Triennial Review Process.  The motion unanimously carried. 

New and Old Business 

Consideration of a proposal by Integral Partners, LLC, to develop a residential project in the Area Development Plan One (ADP-1) Industrial Park and to permit the conversion of industrial uses to residential uses. 

Community Development Director Contreras reviewed the staff report dated December 5, 2005, providing an analysis of a proposal by Integral Partners, LLC, to convert portions of Area Development Plan One (ADP-1) from industrial to residential use.  He observed that should the proposal move forward, community stakeholder meetings would be held with industrial business owners and neighboring residents and cities. 

In response to Council inquiry, staff addressed the proposed Mello-Roos assessment for the new overlay district; decrease in truck traffic; density of other residential developments in the City; private party acquisition of industrial properties upon the expiration of tenant leases; potential increase in student enrollment in ABC Unified School District schools; property values; and costs associated with the conversion.  It was also noted that the City would not be involved in the negotiation or transfer of property related to this proposal. 

Interested parties were invited to present testimony.   

Michael Carpenter, on behalf of his father Ted Carpenter who is a partner in many of the industrial properties, expressed concurrence with the findings and recommendations relative to the proposal and offered to answer any questions. 

John Stanek, Integral Partners, LLC, offered to answer any questions. 

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

MOTION:  It was moved by Councilman Edwards and seconded by Councilwoman Lee to authorize staff to work with the developer and property owners regarding the details of the proposed development of a multifamily residential district located in the Area Development Plan One (ADP-1); and authorize staff to undergo the process to prepare environmental review and develop the proposed master plan and to solicit professional services for said environmental review and master plan as determined necessary by the City Manager.  The motion unanimously carried. 

Consideration of the City of Cerritos’ Annual Financial Report for Fiscal Year 2004-2005. 

MOTION:  It was moved by Mayor Pro Tem Bowlen and seconded by Councilwoman Kappe to receive and file the City of Cerritos’ Annual Financial Report for Fiscal Year 2004-2005.  The motion unanimously carried. 

Consideration of the Annual Report of the Cerritos Redevelopment Agency for Fiscal Year 2004-2005. 

MOTION:  It was moved by Councilwoman Kappe and seconded by Councilwoman Lee to receive and file the Annual Report of the Cerritos Redevelopment Agency; and direct staff to transmit a copy of the December 5, 2005 staff report entitled Consideration of the Annual Report of the Cerritos Redevelopment Agency for Fiscal Year 2004-2005, and the Cerritos Redevelopment Agency Annual Financial Report for Fiscal Year 2004-2005 as required to the State of California Department of Housing and Community Development.  The motion unanimously carried. 

Consideration of Civic Center Refreshment Experience. 

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Edwards to approve the construction of a kiosk and to continue the operation of the Civic Center Refreshment Experience, which would provide greater customer satisfaction, the protection of the City’s/Agency’s equipment investment from inclement weather, an expanded menu capability and less restrictive Los Angeles County Health requirements in the kiosk configuration.  The motion unanimously carried. 

Review and consideration of possible rescheduling of the January 9, 2006 City Council/Redevelopment Agency meeting date. 

MOTION:  It was moved by Mayor Pro Tem Bowlen and seconded by Councilwoman Kappe to cancel the January 9, 2006 City Council/Redevelopment Agency meeting and reschedule it to January 12, 2006.   The motion unanimously carried.

Report on Pending Legislation

City Manager Gallucci presented a plaque to Assistant City Manager/Administrative
 Services Saunders in recognition of 25 years of service upon his retirement from the City of Cerritos.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS

Councilmembers expressed appreciation to John Saunders for his 25 years of service to the City of Cerritos and extended best wishes upon his retirement; and wished everyone happy holidays.   

ADJOURNMENT 

There being no further business to come before the City Council, the meeting adjourned at 9:00 p.m. in memory of Howard Towler, former Cerritos employee, Julia Ibbetson Zilinskas of Union Development Company, Inc., and Oksosun Kim, mother of Property Preservation Commissioner Chan-Yong Kim, all of whom recently passed away. 

 /s/ Josephine Triggs                             

Josephine Triggs, City Clerk

Attest:

 /s/ John F. Crawley                             

John F. Crawley, Mayor

 

Approved:  January 12, 2006 

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