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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD MAY 25, 2006



CALL TO ORDER

Mayor Paul Bowlen called the meeting to order at 7:00 p.m. in the Council Chambers at Cerritos City Hall, 18125 Bloomfield Avenue, Cerritos, California.

INVOCATION

Mayor Pro Tem Laura Lee offered the invocation.

PLEDGE OF ALLEGIANCE

Councilman John 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 John F. Crawley
Councilman Jim Edwards
Mayor Pro Tem Laura Lee
Mayor Paul W. Bowlen

The absence of Councilwoman Gloria A. Kappe was noted.

PRESENTATIONS

Mayor Bowlen presented proclamations to the following:

Nisha Parikh for her outstanding achievement of attaining the Girl Scout Award; Padma Sampath for her outstanding achievement of attaining the Girl Scout Gold Award; Raymond Hsu for his outstanding achievement of attaining the rank of Eagle Scout; and Derrick Chiray Wu for his outstanding achievement of attaining the rank of Eagle Scout.

PUBLIC COMMENTS AND SUGGESTIONS

John Davis, Cerritos resident, discussed the negative visual and noise impacts associated with a motor home parked outside of his bedroom window on his neighbor’s property, noting that it does not meet the screening requirements of the Municipal Code. He suggested an amendment to the Municipal Code prohibiting recreational vehicles and apparatuses to be visible from public and private streets and also suggested the development of a recreational vehicle storage facility for residents.

Paul Bellebaum, Cerritos resident, suggested alternatives to the City’s sewer system for human waste disposal.

CONSENT CALENDAR ITEMS

Approval of Register of Demands

MOTION: It was moved by Mayor Pro Tem Lee and seconded by Councilman Edwards to approve the Register of Demands dated May 25, 2006, Check 81169, Checks 81170 through 81259, Checks 81260 through 81376 and Checks 81378 through 81603, in the total amount of $3,903,467.61. The motion carried, with Councilwoman Kappe absent.

Approval of Minutes

MOTION: It was moved by Mayor Pro Tem Lee and seconded by Councilman Edwards to approve the Minutes of the May 11, 2006 Regular City Council Meeting and the May 15, 2006 Joint Special Meeting of the Cerritos City Council, Cerritos Redevelopment Agency and Cerritos Public Financing Authority. The motion carried, with Councilwoman Kappe absent.

Ordinance for second reading and adoption. Reading of ordinances waived and ordinance adopted.

ORDINANCE NO. 914

AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 22.22, SINGLE FAMILY RESIDENTIAL (RS) ZONES, OF THE CERRITOS MUNICIPAL CODE RELATING TO THE ADDITION OF CORRUGATED POLYCARBONATE AS AN APPROVED PATIO COVER MATERIAL.

MOTION: It was moved by Mayor Pro Tem Lee and seconded by Councilman Edwards to waive reading of and adopt Ordinance No. 914. The motion carried by the following vote:

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

ORDINANCE NO. 915

AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 10.12 OF TITLE 10 OF THE CERRITOS MUNICIPAL CODE TO PROHIBIT STREET PARKING ON DESIGNATED DAYS FOR STREET SWEEPING.

Alon Barlevy, Cerritos resident and Community Safety Committee Member, requested that Ordinance No. 915 be referred to the Community Safety Committee for further review and report back to the City Council.

In response to Council inquiry, City Attorney Canzoneri indicated that two ordinance readings ensures concurrence before it is enacted; and the City Council has the discretion to adopt, deny or refer the ordinance for further review. He further indicated that the ordinance would be re-introduced if it is referred to the Community Safety Committee for further review.

MOTION: It was moved by Mayor Pro Tem Lee and seconded by Councilman Crawley to refer Ordinance No. 915 to the Community Safety Committee for further review and report back to the City Council. The motion carried, with Councilwoman Kappe absent.

PUBLIC HEARINGS

An appeal of a decision by the Cerritos Planning Commission by property owners Roberta K. Skiles and John V. Skiles, Jr., 17214 Mapes Avenue, Cerritos, California 90703, regarding a determination classifying an artificial rock feature as a block wall and/or decorative fence thereby requiring said rock feature to comply with all applicable Municipal Code regulations governing walls and fences located in the front yard (APN 7034-003-020).

Appeal to the City Council PC 2006-1

Staff recommendation is to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS UPHOLDING THE DECISION OF THE CERRITOS PLANNING COMMISSION DENYING APPEAL NO.
PC 2006-1 (APN 7034-003-020).


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

Community Development Director Contreras presented an overview of the appeal as outlined in the staff report dated May 25, 2006 and reported the Planning Commission found that the artificial rock feature is subject to Municipal Code regulations related to block walls and/or fences. He noted that the property owners could either modify or remove the rock feature in compliance with the Municipal Code and recommended the Council uphold the determination of the Planning Commission.

Discussion followed regarding Code Enforcement activity and related court proceedings associated with property maintenance issues at the property. It was noted that the rock feature was erected without City approval and its height is 40-42 inches, which is in excess of the 30-inch height limit for block walls in this location. It was pointed out further that modifications to the driveway approach were necessary to the meet the 40 percent landscaping requirement.

Interested parties were invited to present testimony.

Roberta Skiles and John Skiles, appellants, asserted that the boulders are concrete-filled landscape accents not designed or built to act as a wall and are similar to the rock features at the Civic Center. They added that the rock feature is 26 feet away from the driveway, posing no safety hazard, which they asserted the Planning Commission was unaware of when its determination was made. Mr. and Mrs. Skiles also referenced a petition signed by surrounding residents in favor of the rock feature, noted that drawings of the feature provided for 42.1 percent softscape; that they were not initially aware of the code violation because they purchased the property after the feature was installed; complaints were received from neighbors when their property was nominated for a City Wide Pride Award; and that on two separate occasions Los Angeles County building officials indicated a permit was not required for the rock feature.

As a point of clarification, Community Development Director Contreras indicated the Planning Commission decision was based on Chapter 22.22 of the Cerritos Municipal Code, which regulates the height of walls within five feet from the property line and the artificial rock feature would require modification to meet the 30-inch height limitations of the Code; and Mr. Contreras further indicated that staff is concerned with the safety association with the boulders as well as maintaining a consistent aesthetic appearance of residential neighborhoods.

John Skiles indicated that the boulders are not built on a foundation and it would be easier to reduce the size of the boulders to prevent cracking of the concrete; that the planter recommended by the Planning Department would require rebar cutting and potentially crack the concrete; and that other properties in the neighborhood have a similar driveway approach.

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

Discussion ensued regarding the driveway permit process; building and safety services provided by Los Angeles County; the option to remove or modify the height of the artificial rock feature; the 40 percent landscaping requirement; the nomination process for the City Wide Pride Program; staff's continuous efforts to work with the property owners to abate the code violations; and precedent-setting issues associated with granting the appeal.

City Attorney Canzoneri indicated that the property owners must comply with the Municipal Code and abate the property code violations should the City Council uphold the decision of the Planning Commission.

RESOLUTION NO. 2006-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS UPHOLDING THE DECISION OF THE CERRITOS PLANNING COMMISSION DENYING APPEAL NO. PC 2006-1 (APN 7034-003-020).

MOTION: It was moved by Councilman Edwards and seconded by Councilman Crawley to waive reading of and adopt Resolution No. 2006-14. The motion carried, with Councilwoman Kappe absent.

Pending Legal Matters

Resolution for consideration

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS ACCEPTING AN EASEMENT DEED FOR SIDEWALK AND LANDSCAPE PURPOSES FROM DAVID P. CHOE AND AE YOUNG CHOE, MEMBERS OF BRACES 727, LLC; OWNERS OF THE PROPERTY AT 18930 CARMENITA ROAD, LOCATED AT THE NORTHEAST CORNER OF SOUTH STREET AND CARMENITA ROAD (APN 7028-011-025).

RESOLUTION NO. 2006-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS ACCEPTING AN EASEMENT DEED FOR SIDEWALK AND LANDSCAPE PURPOSES FROM DAVID P. CHOE AND AE YOUNG CHOE, MEMBERS OF BRACES 727, LLC; OWNERS OF THE PROPERTY AT 18930 CARMENITA ROAD, LOCATED AT THE NORTHEAST CORNER OF SOUTH STREET AND CARMENITA ROAD (APN 7028-011-025).

MOTION: It was moved by Councilman Crawley and seconded by Mayor Pro Tem Lee to waive reading of and adopt Resolution No. 2006-15. The motion carried, with Councilwoman Kappe absent.

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS ADOPTING THE RESOURCE ADEQUACY PLAN FOR THE CERRITOS ELECTRIC UTILITY THAT ESTABLISHES STATED LEVELS OF RESOURCE ADEQUACY RESERVE REQUIREMENTS.

City Manager Gallucci recommended continuing the foregoing item to the June 8, 2006 City Council meeting.

CONSENSUS: It was the consensus of the City Council to continue consideration of the Resolution of the City Council adopting the Resource Adequacy Plan for the Cerritos Electric Utility that establishes stated levels of resource adequacy reserve requirements to the June 8, 2006 City Council meeting. Councilwoman Kappe absent.

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS GRANTING THE CITY MANAGER AUTHORITY TO SUBMIT A REPORT OF WASTE DISCHARGE TO THE LOS ANGELES REGIONAL WATER QUALITY CONTROL BOARD FOR A MUNICIPAL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER PERMIT.

RESOLUTION NO. 2006-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS GRANTING THE CITY MANAGER AUTHORITY TO SUBMIT A REPORT OF WASTE DISCHARGE TO THE LOS ANGELES REGIONAL WATER QUALITY CONTROL BOARD FOR A MUNICIPAL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER PERMIT.

MOTION: It was moved by Councilman Edwards and seconded by Mayor Pro Tem Lee to waive reading of and adopt Resolution No. 2006-16. The motion carried, with Councilwoman Kappe absent.

NEW AND OLD BUSINESS

Consideration to offer Cerritos Center for the Performing Arts tickets as a reward for contacting the Sheriff’s Department when residents observe crimes in progress.

MOTION: It was moved by Mayor Pro Tem Lee and seconded by Councilman Edwards to approve offering Cerritos Center for the Performing Arts theater vouchers to individuals who call the Sheriff’s Department reporting a crime in progress. The motion carried, with Councilwoman Kappe absent.

REPORT ON PENDING LEGISLATION

City Manager Gallucci reported that staff is monitoring legislative activities in Sacramento.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS

Councilman Crawley reported on his attendance at the California Contract Cities Association 47th Annual Municipal Seminar held in Indian Wells, CA, noting his participation in the public service ethics education training; National League of Cities’ National City After School Summit held in Washington, D.C.

Mayor Bowlen referenced the requirements of AB 1234 and reported on his attendance at the California Contract Cities 47th Annual Seminar, noting discussions relative to eminent domain and the Ports of Long Beach and Los Angeles. He also inquired about and staff indicated that an analysis is being prepared relative to planters and block walls on arterial streets.

Councilman Edwards reported on his attendance at the California Contract Cities Association 47th Annual Municipal Seminar, noting his participation in the public service ethics education training.

ADJOURNMENT

There being no further business to come before the City Council, the meeting adjourned at 8:35 p.m. in memory of Agnes Hickey, retired Cerritos City Clerk, who recently passed away.

/s/ Josephine Triggs
Josephine Triggs, City Clerk

ATTEST:

/s/ Paul W. Bowlen
Paul W. Bowlen, Mayor

Approved: June 8, 2006

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