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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD OCTOBER 26, 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

Pastor Suk-Boo Lee of Artesia-Cerritos United Methodist Church of Artesia offered the invocation.

PLEDGE OF ALLEGIANCE

Councilman Jim Edwards 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
Councilwoman Gloria A. Kappe
Mayor Pro Tem Laura Lee
Mayor Paul W. Bowlen


PRESENTATIONS

Mayor Bowlen presented a proclamation to Cerritos resident Timothy Kramer for assisting a driver escape from a vehicle which burst into flames following a traffic collision in the City of Cerritos on September 20, 2006; and Battalion Chief Ed Gandara of the Los Angeles County Fire Department also presented a proclamation to Timothy Kramer.

PUBLIC COMMENTS AND SUGGESTIONS

Merri Wheaton, Cerritos resident, offered a prayer.

Tom Jeffers, Cerritos resident, spoke in opposition to a housing development concept for the property at the existing ABC Unified School District offices at 166th Street and Norwalk Boulevard. He expressed concern with potential traffic congestion and overcrowding and suggested additional research before considering such a proposal.

Sally Havice, Cerritos resident, former ABC School Board Member and former Assemblywoman, spoke in opposition to the housing development concept, opining that residents paid taxes towards school modernization, renovation and construction and not for school district offices and other development. She added that the District property should be utilized for overcrowded schools and encouraged the community to attend the November 8, 2006 ABC Unified School District Board Meeting to oppose the concept.

Marilyn Rubio, Cerritos resident and former ABC Unified School District Board Member, opposed the housing development concept, stating that the District property should be sold to a developer and not exchanged for a City-owned parcel located at the southeast corner of 183rd Street and Bloomfield Avenue for the purpose of locating District offices on the City site. She added that the City's parcel is too small to accommodate the District offices, which she asserted should not be located within a residential area. Ms. Rubio expressed concern that public meetings to review the concept have been scheduled in conflict with the upcoming election and holidays.

Angel Soto, Cerritos resident, expressed a preference to maintain District offices at the current location and opined that no City property is available to meet affordable housing mandates. He stated redevelopment agency funds are no longer needed and suggested discontinuing the Cerritos Redevelopment Agency.

Mike Chan, Cerritos resident, opposed both the housing development concept related to the School District as well as a housing overlay concept in a light industrial area bounded by Alondra Boulevard, Bloomfield Avenue, 166th Street and Shoemaker Avenue. He expressed concern with high density residential development and existing traffic congestion on Bloomfield Avenue at the 91 Freeway.

Suresh Seshadri, Cerritos resident, opined that the housing development concept would reduce area jobs and result in failure to meet Regional Housing Needs Assessment (RHNA) regional traffic congestion reduction goals; observed that the project timeline does not indicate when the project would be formally considered; inquired about enforcement of RHNA allocation requirements; favored exchanging RHNA allocations with adjacent cities; and suggested surveying City and District employees to determine eligibility for the proposed housing.

Infinity Roberts, Cerritos resident, spoke against the housing development concept, asserting that the proposal would cause difficulty getting to school and increase crime.

Roxanne Roberts, Cerritos resident, opposed the housing development concept. She expressed concerns related to potential increased crime and decreased property values.

Benjamin Ao, Cerritos resident and Vice President of the Granada Park Homeowners Association, spoke in opposition to both the housing development and housing overlay concepts, expressing concerns with a high density development and potential increased crime, traffic and fire hazards. He suggested increased communication to the community regarding the housing concepts.

John Transue, Cerritos resident, opposed the housing development concept, expressing concerns with its close proximity to neighborhoods with gangs. He referenced income eligibility requirements for District and City employees who would live in the housing development; and suggested additional research and increased communication with the community regarding the concept.

Gordon Quan, Cerritos resident, spoke against both the housing development and housing overlay concepts. He was concerned with potential costs to the City associated with new District offices; opposed school educators managing property; and suggested the City exchange property with Cerritos College for the housing development concept.

Paul Bellenbaum, Cerritos resident, suggested building a hospital in the City.

Donna Moore, Cerritos resident and Secretary of the Granada Park Homeowners Association, indicated that certain residents in her neighborhood were not notified of the meetings regarding the housing overlay development concept.

CONSENT CALENDAR ITEMS

Approval of Register of Demands

MOTION: It was moved by Councilman Edwards and seconded by Councilwoman Kappe to approve the Register of Demands dated October 26, 2006, Checks 85242 through 85336, Checks 85337 through 85466 and Checks 85467 through 85633, in the total amount of $4,937,289.75. The motion carried unanimously.

Approval of Treasurer’s Report

MOTION: It was moved by Councilman Edwards and seconded by Councilwoman Kappe to approve the Treasurer’s Report for the period ending August 31, 2006. The motion carried unanimously.

Approval of Minutes

MOTION: It was moved by Councilman Edwards and seconded by Councilwoman Kappe to approve the Minutes of the October 12, 2006 Regular City Council Meeting. The motion carried unanimously.

Miscellaneous

Consideration and award of Bid No. 1040-07, purchase of one new reel grinder.

MOTION: It was moved by Councilman Edwards and seconded by Councilwoman Kappe to award Bid No. 1040-07 for the purchase of one new reel grinder to Turf Star, Inc. in the amount of $21,743.10. The motion unanimously carried.

PUBLIC HEARINGS

Consideration to waive reading of and introduce AN ORDINANCE OF THE CITY OF CERRITOS AMENDING VARIOUS SECTIONS OF THE CERRITOS MUNICIPAL CODE AS IT RELATES TO ADULT DAY CARE FACILITIES IN THE INDUSTRIAL/ COMMERCIAL (MC) ZONE.

Negative Declaration
Development Code Amendment 2006-8


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

Advance Planning/Redevelopment Manager Lopez presented an overview of the staff reported dated October 26, 2006 and the provisions of the proposed ordinance. He noted during his presentation that the ordinance was the result of a request of Charles Sun representing Families with Special Children Association to allow adult day care facilities in the Industrial/Commercial (MC) zone. Mr. Lopez reported that a Negative Declaration was prepared in accordance with the California Environmental Quality Act and indicated that the Planning Commission recommended approval of the proposed ordinance.

Interested parties were invited to present testimony. No one wished to address the City Council on this matter and the public hearing was closed.

In response to Council inquiry, Charles Sun, Executive Director of the Families with Special Children Association, addressed the age restrictions of adult day care programs.

MOTION: It was moved by Mayor Pro Tem Lee and seconded by Councilman Edwards that the City Council:

1. Certify and approve the Negative Declaration for Development Code Amendment 2006-8, which was completed in accordance with the California Environmental Quality Act (CEQA); and

2. Direct staff to file a Notice of Determination in accordance with Section 3.5 of the Environmental Impact Report Guidelines of the City of Cerritos;

as recommended in the staff report dated October 28, 2006. The motion unanimously carried.


ORDINANCE NO. 919

AN ORDINANCE OF THE CITY OF CERRITOS AMENDING VARIOUS SECTIONS OF THE CERRITOS MUNICIPAL CODE AS IT RELATES TO ADULT DAY CARE FACILITIES IN THE INDUSTRIAL/ COMMERCIAL (MC) ZONE.

MOTION: It was moved by Mayor Pro Tem Lee and seconded by Councilman Edwards to waive reading of and introduce Ordinance No. 919. The motion carried by the following vote:

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

Mr. Chia-Hong (Charles) Sun, Executive Director of the Families with Special Children Association, 12511 Josephine Street, Garden Grove, California, 92841, is requesting approval of an adult day care use at 17538 Studebaker Road. The subject property is zoned MC, Industrial/Commercial and is located within the Los Cerritos Redevelopment Project Area (APN 7034-016-031).

Cerritos Redevelopment Agency Conformity Report 2006-6
Conditional Use Permit 2006-5


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 October 26, 2006 and reviewed existing site conditions. Ms. Hamilton also discussed State licensing requirements and conditions of approval.

Interested parties were invited to present testimony. No one wished to address the City Council on this matter and the public hearing was closed.

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

A. Receive and file Cerritos Redevelopment Agency Conformity Report No. 2006-6; and

B. Approve Conditional Use Permit 2006-5, making the findings set forth in the Cerritos Planning Commission Resolution No. PC 2006-56;

as recommended in the staff report dated October 28, 2006. The motion unanimously carried.

The applicant, Piuma Properties, 12011 San Vicente Boulevard, Suite 700, Los Angeles, California, 90049, is requesting approval to demolish three (3) existing industrial buildings and to construct one (1) new industrial building on a property located at 15959 Piuma Avenue, Cerritos, California, 90703. The subject site is zoned MC-2, Industrial-Commercial Two, and is located in the Los Cerritos Redevelopment Project Area (APN 7016-001-087 and 7016-001-088).

Cerritos Redevelopment Agency Conformity Report 2006-5
Mitigated Negative Declaration
Conditional Use Permit 2006-4
Precise Plan 2006-20


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 October 26, 2006 and reviewed existing site conditions, parking spaces, truck docks, ingress and egress, site plan, floor plans, elevations, architectural features and artist’s
rendering. She noted that a traffic analysis was prepared in response to resident concerns and it was found that no significant traffic impacts are associated with the project. A brief discussion followed regarding a clarification of the results of the traffic analysis.

In response to Council inquiry, staff indicated that Caltrans has been contacted regarding traffic circulation improvements on Alondra Boulevard.

Interested parties were invited to present testimony.

Virginia Viado, Hogle-Ireland, Inc., Planning Consultant representing the applicant, 4280 Latham Street, Suite C, Riverside, CA 92501, concurred with staff's recommendations and findings and the conditions of approval, and offered to answer any questions of Council.

Maria Stamolis, Karney Management Company for Piuma Properties, 12011 San Vicente Boulevard, Suite 700, Los Angeles, CA 90049, provided background of the property and offered to answer any questions of Council.

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

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

A. Receive and file Cerritos Redevelopment Agency Conformity Report 2006-5;

B. Receive, file, certify and approve the Mitigated Negative Declaration, making findings set forth in the Cerritos Planning Commission Resolution
No. PC 2006-50;

C. Approve Conditional Use Permit 2006-4, making the findings set forth in the Cerritos Planning Commission Resolution No. PC 2006-51; and

D. Approve Precise Plan 2006-20, making the findings set forth in the Cerritos Planning Commission Resolution No. PC 2006-52;

as recommended in the staff report dated October 26, 2006. The motion unanimously carried.

PUBLIC WORKS ACTIVITIES

Consideration and award of contract for the application of emulsion-aggregate Type II slurry at South Street from Studebaker to easterly City limits, Bid No. 1044-07, Project No. 14077-06-1.

MOTION: It was moved by Mayor Pro Tem Lee and seconded by Councilwoman Kappe to award a contract for the application of emulsion-aggregate Type II slurry at South Street from Studebaker Road to the easterly City limits, Bid No. 1044-07, Project No. 14077-06-1, to Pavement Coatings Co. in the amount of $94,105, and reject all other bids. The motion unanimously carried.

NEW AND OLD BUSINESS

First amendment and modification to the ground lease for the Cerritos Jaguar/Land Rover property located at 10861 183rd Street.

MOTION: It was moved by Councilman Edwards and seconded by Councilwoman Kappe to authorize the City Manager/Executive Director or his designee to execute all documents necessary to implement the First Amendment and Modification to the Jaguar/Land Rover Ground Lease. The motion unanimously carried.

Consideration of the assignment of various ground leases for the office component of the Cerritos Towne Center from CA-Cerritos Towne Center Limited Partnership, a Delaware Limited Partnership, as assignor to Cerritos Office Center I, LLC, a Delaware Limited Liability Company; Cerritos Office Center II, LLC, a Delaware Limited Liability Company; Cerritos Office Center III, LLC, a Delaware Limited Liability Company; Cerritos Office Center IV, LLC, a Delaware Limited Liability Company; and Cerritos Office Center V, LLC, a Delaware Limited Liability Company, and their affiliates, successors and assigns, (collectively, the “Assignee”), c/o Principal Real Estate Investors, 801 Grand Avenue, Des Moines, Iowa 50392, (APN 7030-011-004, APN 7030-011-005, APN 7030-011-007, APN 7030-011-008, APN 7030-011-009 and APN 7030-011-010).

MOTION: It was moved by Councilwoman Kappe and seconded by Mayor Pro Tem Lee to authorize the City Manager/Executive Director to execute the document(s) to facilitate, acknowledge and consent to the transfer of the Ground Leases from CA-Cerritos Towne Center Limited Partnership, a Delaware Limited Partnership, to Center I, LLC, a Delaware limited liability company; Cerritos Office Center II, LLC, a Delaware limited liability company; Cerritos Office Center III, LLC, a Delaware limited liability company; Cerritos Office Center IV, LLC, a Delaware limited liability company; and Cerritos Office Center V, LLC, 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.

REPORT ON PENDING LEGISLATION

City Manager Gallucci reported on upcoming meetings to discuss Regional Housing Needs Assessment (RHNA) housing allocation requirements.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS

Councilman Edwards invited the community to the Veterans Day Celebration and Cerritos Veterans Memorial Dedication on Saturday, November 11, 2006, 10:00 a.m., at the Cerritos Civic Center, and to the City’s annual holiday tree lighting event and dedication of the City’s 50th anniversary mosaic art piece on Monday, November 20, 2006, 5:30 p.m., at the Cerritos Civic Center.

Councilwoman Kappe encouraged the community to vote in the upcoming November 7, 2006 General Election.

Mayor Pro Tem Lee commented on the importance of providing information to the community on the proposed housing development concept related to the ABC Unified School District property.

Mayor Bowlen concurred with comments made by Mayor Pro Tem Lee.

CLOSED SESSION

Assistant City Attorney Steres announced the following Closed Session item:

Personnel matters pursuant to Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS
Agency Negotiators: Vince Brar, Denise Manoogian and Patricia Leyva
Employee Organization: Part-time Bargaining Unit, AFSCME, Local 619


The City Council convened in Closed Session at 8:50 p.m. The meeting reconvened at 9:30 p.m., with all City Councilmembers in attendance.

ADJOURNMENT

There being no further business to come before the City Council, the meeting adjourned at 9:30 p.m.

/s/ Josephine Triggs
Josephine Triggs, City Clerk

ATTEST:


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

Approved: November 9, 2006

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