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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD DECEMBER 14, 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 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 proclamations to the following:

Cerritos High School Boys Water Polo Team for winning the 2006 California Interscholastic Federation (CIF) Southern Section Championship Tournament; and

Cerritos resident Mike Carp for being presented with the Minor League’s Player of the Year Sterling Award.

CONSIDERATION OF APPOINTMENTS TO VACANCIES ON VARIOUS COMMISSIONS, BOARDS AND COMMITTEES

Consideration of appointment to the Economic Development Commission.

MOTION: Councilman Crawley presented qualifications of Lily Kuo and it was moved by Mayor Pro Tem Lee and seconded by Councilman Crawley to appoint Lily Kuo to the Economic Development Commission to fill the unexpired term of Grace Hu, which expires March 31, 2007. The motion unanimously carried.

The City Clerk administered the oath of allegiance to Ms. Kuo.

PUBLIC COMMENTS AND SUGGESTIONS

Report back from the November 9, 2006 City Council/Redevelopment Agency meeting regarding code enforcement procedures.

Community and Safety Services Director Berg provided an overview of the code enforcement procedures as outlined in the staff report dated December 14, 2006. He addressed concerns expressed by Jerry Kamashian during the November 9, 2006 City Council meeting regarding property maintenance code enforcement procedures; reviewed code enforcement statistical data; discussed City property maintenance ordinances; and reviewed photographs of various property maintenance violation cases.

Bharatsinh Zala, Cerritos resident, expressed opposition to comments made by Mr. Berg relative to the code enforcement procedures being cooperative and proactive; discussed his experience with code enforcement regarding the abatement of property maintenance violations at his property; opined that residents are afraid to discuss code enforcement concerns because of possible retaliation; and suggested oversight of the code enforcement division.

Jerry Kamashian, Cerritos resident, indicated that staff has not met with him to discuss his code enforcement concerns; observed that residents want city leadership to help provide community and not control; and inquired if the Property Preservation Commission investigates property maintenance cases before approving staff recommendations. Mr. Kamashian also suggested the following: letters sent to residents communicating the proper steps and provide a reasonable amount of time to respond to property maintenance violations; code enforcement staff work with residents to abate property maintenance violations and allow them the opportunity to express themselves without feeling threatened or fearful of additional citations; meetings with residents to discuss and share code enforcement experiences; removal of a resident’s arrest warrant; establishing a community volunteer group to assist residents; and improved communication with residents.

Kitt Ho, Cerritos resident, spoke in support of Jerry Kamashian’s code enforcement concerns; discussed his involvement in a community volunteer group to assist a homeowner make property maintenance improvements; inquired if the Property Preservation Commission investigates the property maintenance cases to confirm the violations; opined that prosecution is costly and ineffective and damages the relationship between the city and the community; opined that the community does not understand the Residential Assistance Grant Program and suggested that grant proceeds be given to needy residents to make property improvements. Mr. Ho also suggested the following:
that the city design a program that allows community involvement in working with elderly and disadvantaged residents; educating the community to help understand code enforcement rules and regulations; and working together to help the community.

Bob Houska, Cerritos resident and Property Preservation Commissioner, spoke in support of code enforcement staff, noting their efforts in assisting residents abate property maintenance violations. He observed a problem with certain residents failing to respond to property maintenance violation notices.

Chan-Yong Kim, Cerritos resident and Property Preservation Commissioner, concurred with comments made by Bob Houska regarding the failure of certain residents to respond to property maintenance violation notices; spoke in support of the code enforcement program; and indicated that the Property Preservation Commission inspects property maintenance violations before consideration of the case, noting that residents are provided a sufficient amount of time to abate the violations.

Merri Wheaton, Cerritos resident, offered a prayer.

CONSENT CALENDAR ITEMS

Approval of Register of Demands

MOTION: It was moved by Councilwoman Kappe and seconded by Councilman Crawley to approve the Register of Demands dated December 14, 2006, Checks 86444 through 86574, Checks 86575 through 86671 and Checks 86672 through 86931, in the total amount of $3,346,583.99. The motion carried unanimously.

Approval of Treasurer’s Report for the period ending October 31, 2006

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

Approval of Minutes

MOTION: It was moved by Councilwoman Kappe and seconded by Councilman Crawley to approve the Minutes of the November 20, 2006 Special City Council Meeting. The motion carried unanimously.

Resolution for consideration and adoption. Reading of resolution waived and resolution adopted.

Consideration of adoption of the Fiscal Year 2006-2007 appropriation limit.

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS APPROVING AND ADOPTING THE ANNUAL APPROPRIATION LIMIT FOR FISCAL YEAR 2006-2007.


RESOLUTION NO. 2006-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS APPROVING AND ADOPTING THE ANNUAL APPROPRIATION LIMIT FOR FISCAL YEAR 2006-2007.

MOTION: It was moved by Councilwoman Kappe and seconded by Councilman Crawley to adopt Resolution No. 2006-33. The motion carried unanimously.

Miscellaneous

Consideration and award of Bid No. 1047-07, purchase of two new LCD projectors.

MOTION: It was moved by Councilwoman Kappe and seconded by Councilman Crawley to award Bid No. 1047-07 for the purchase of two new LCD projectors to Studio Spectrum, Inc. in the amount of $16,211.52. The motion carried unanimously.


PUBLIC HEARINGS

Consideration to waive reading of and introduce AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 6.20, PROPERTY MAINTENANCE, OF THE CERRITOS MUNICIPAL CODE DEFINING THE TERM “SCREENED” TO MEAN LOCATED BEHIND A LEGALLY PERMITTED OPAQUE WALL, FENCE, GATE OR HEDGE OF AT LEAST SIX (6) FEET IN HEIGHT WHEN PERTAINING TO THE STORAGE OF VEHICLES, INCLUDING RECREATIONAL VEHICLES, ON PROPERTY ZONED RESIDENTIAL.

Development Code Amendment 2006-10*

*Pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA), this project is exempt from CEQA review.

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

Management Analyst Carey provided background information and an overview of the proposed ordinance as outlined in the staff reported dated December 14, 2006. He addressed municipal code definitions relative to property nuisance and vehicles; conditions constituting property nuisances; existing code enforcement policy regarding screening of recreational vehicles; and provisions of the proposed ordinance. He also reviewed survey results relative to recreational vehicle storage; and presented photographs of properly screened recreational vehicles. Mr. Carey noted that the Planning Commission recommended maintaining the existing regulations relative to screening of recreational vehicles and 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.

ORDINANCE NO. 920

AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 6.20, PROPERTY MAINTENANCE, OF THE CERRITOS MUNICIPAL CODE DEFINING THE TERM “SCREENED” TO MEAN LOCATED BEHIND A LEGALLY PERMITTED OPAQUE WALL, FENCE, GATE OR HEDGE OF AT LEAST SIX (6) FEET IN HEIGHT WHEN PERTAINING TO THE STORAGE OF VEHICLES, INCLUDING RECREATIONAL VEHICLES, ON PROPERTY ZONED RESIDENTIAL.

MOTION: It was moved by Councilwoman Kappe and seconded by Councilman Edwards to waive reading of and introduce Ordinance No. 920.

AMENDED MOTION DIES FOR LACK OF SECOND: Mayor Bowlen moved to amend the motion to include regulating the size of recreational vehicles. The motion died for lack of a second.

MAIN MOTION CARRIES: The foregoing main motion carried by the following vote:

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

PENDING LEGAL MATTERS

Resolutions for consideration

Consideration to waive reading of and adopt A JOINT RESOLUTION OF THE CERRITOS CITY COUNCIL, CERRITOS REDEVELOPMENT AGENCY, AND CERRITOS PUBLIC FINANCING AUTHORITY ADOPTING CONFLICT OF INTEREST CODES AND REPEALING RESOLUTIONS NO. 2004-44, CRA 2004-10, AND CPFA 2004-2.

RESOLUTION NO. 2006-34
RESOLUTION NO. CRA 2006-5
RESOLUTION NO. CPFA 2006-2

A JOINT RESOLUTION OF THE CERRITOS CITY COUNCIL, CERRITOS REDEVELOPMENT AGENCY, AND CERRITOS PUBLIC FINANCING AUTHORITY ADOPTING CONFLICT OF INTEREST CODES AND REPEALING RESOLUTIONS NO. 2004-44, CRA 2004-10, AND CPFA 2004-2.

MOTION: It was moved by Councilman Crawley and seconded by Councilman Edwards to adopt Joint Resolution No. 2006-34, CRA 2006-5 and CPFA 2006-2. The motion carried unanimously.

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS PROVIDING FOR CERTAIN ADJUSTMENTS IN THE EMPLOYMENT SYSTEM AND THE PERSONNEL POLICIES, FOR ALL PART-TIME TEMPORARY EMPLOYEES, INCLUDING TEMPORARY PART-TIME EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 619, AND REPEALING RESOLUTION NO. 2004-28 AND ALL RELATED AMENDMENTS.

RESOLUTION NO. 2006-35

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS PROVIDING FOR CERTAIN ADJUSTMENTS IN THE EMPLOYMENT SYSTEM AND THE PERSONNEL POLICIES, FOR ALL PART-TIME TEMPORARY EMPLOYEES, INCLUDING TEMPORARY PART-TIME EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 619, AND REPEALING RESOLUTION NO. 2004-28 AND ALL RELATED AMENDMENTS.

MOTION: It was moved by Councilwoman Kappe and seconded by Mayor Pro Tem Lee to adopt Resolution No. 2006-35. The motion carried unanimously.

PUBLIC WORKS ACTIVITIES

Consideration and award of contract for the reconstruction of the C-1 Building/ Chlorine Containment, 12701 Artesia Boulevard, (APN 7030-001-900) Bid No. 1036-07, Project No. 17003.

MOTION: It was moved by Councilman Crawley and seconded by Councilwoman Kappe to award a contract for the reconstruction of the C-1 Building/Chlorine Containment, 12701 Artesia Boulevard (APN 7030-001-900), Bid No. 1036-07, Project No. 17003, to the apparent low bidder, Caliagua, Inc. in the amount of $1,489,280 and reject all other bids. The motion carried unanimously.

NEW AND OLD BUSINESS

Consideration of the Annual Report of the Cerritos Redevelopment Agency for Fiscal Year 2005-2006.

MOTION: It was moved by Mayor Pro Tem Lee and seconded by Councilman Edwards to receive and file the Annual Report of the Cerritos Redevelopment Agency; and direct staff to transmit a copy of the December 14, 2006 staff report entitled Consideration of the Annual Report of the Cerritos Redevelopment Agency for Fiscal Year 2005-2006, and the Cerritos Redevelopment Agency Annual Financial Report for Fiscal Year 2005-2006 as required to the State of California Department of Housing and Community Development. The motion carried unanimously.

Review and consideration of reservation fees and use policies for community centers, Cerritos Senior Center and park facilities.

MOTION DIES FOR LACK OF SECOND: Mayor Pro Tem Lee moved to reduce the rental fee for picnic shelters at neighborhood parks from $100 to $50. The motion died for lack of a second.

MOTION: It was moved by Councilman Crawley and seconded by Councilwoman Kappe to concur with the recommendation of the Parks and Recreation Commission and approve the following reservation fees and use policies for community centers, Cerritos Senior Center and park facilities:

  1.  Prohibit alcohol usage at Cerritos Park East.

  2. Standardize all hourly room rates at the Senior Center and all community centers to be based on capacity:
        (1) Extra-large Room (300+ capacity): $150 per hour
        (2) Large Room (200-299 capacity): $100 per hour
        (3) Medium Room (100-199 capacity): $60 per hour
        (4) Small Room (1-99 capacity): $30 per hour.

  3. Standardize all deposits for rooms at the Senior Center and all community centers to be based on capacity:
        (1) Medium, large, and extra large rooms: $500
        (2) Small rooms: $250.

  4. Eliminate separate set-up and clean-up fees and charge the standard hourly rate for reservations at the Senior Center and all community centers.

  5. Sunday through Thursday, require all reservations at all community centers to end by 9 p.m. and clean-up must be completed by 9:30 p.m. Friday and Saturday, require reservations to end by 11 p.m. and clean-up must be completed by 12 a.m.

  6. Eliminate the $20 after-hours staff fee and implement a standard after-hours fee of $45 per hour for reservations at the Senior Center and all community centers.

  7. Allow residents to reserve all indoor facilities at any community center up to twelve months in advance.

  8. Allow non-residents to reserve all indoor facilities at any community center up to six months in advance.

  9. Implement a standard maximum six-hour flat rental fee of $100 at all picnic shelters, with the exception of Camp Liberty which shall incur a $200 flat rental fee.

  10. Standardize picnic shelter deposits to $100 for all picnic shelters at all facilities for all applicable classifications.

  11.  Include Westgate Park and Frontier Park picnic shelters as those which require fees and deposits.

  12.  Eliminate the two-week-free policy for all picnic shelters at all facilities, with exceptions contingent upon written approval from the Recreation Services Superintendent.

  13.  Implement an hourly rental fee of $15 for all ball field usage after 8 p.m. for all applicable classifications.

  14. Allow approved Group A Organizations the opportunity to reserve annual six-hour special events at all community centers thirteen months in advance.

The motion carried, with Mayor Pro Tem Lee dissenting.

Consideration of the assignment of the Ground Lease for 17777 Center Court Drive in the Cerritos Towne Center from Bloomfield Cerritos Associates, LLC, a California Limited Liability Company, to Arden Realty, LP, a California Limited Partnership or its affiliate (APN 7030-011-012).

MOTION: It was moved by Councilman Edwards and seconded by Councilwoman Kappe to authorize the City Manager/Executive Director to execute the document(s) necessary to acknowledge and consent to the transfer of the Ground Lease from Bloomfield Cerritos Associates, LLC, a California Limited Liability Company to Arden Realty, LP, a California Limited Partnership or its affiliate, in such form as the City Manager shall deem appropriate, including any estoppel certificates required in connection with completion of such assignment; and at such time as the City Manager determines appropriate, if any, and upon such terms as the City Manager determines necessary or appropriate, City Manager is also authorized to enter into such documentation as necessary to confirm the status and/or termination of said original DDA with respect to Bloomfield Associates and its related entities and guarantors. The motion carried unanimously.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS

Councilmembers wished happy holidays to everyone.

Councilman Edwards read a letter from Mr. Johnson commending the Cerritos Veterans Day Celebration held on November 11, 2006 at the Civic Center; and reported on his attendance at the National League of Cities Congress of Cities & Exposition held in Reno, Nevada, December 5-9, 2006.

Councilwoman Kappe reported on her attendance at the National League of Cities Congress of Cities & Exposition.

Mayor Pro Tem Lee referenced that the 109th Congress adopted a resolution recognizing the contributions of Korean Americans to the United States and established January 13 as Korean American Day and suggested adopting a resolution recognizing January 13 as Korean American Day in the City of Cerritos.

CONSENSUS: It was the consensus of the City Council to direct staff to place the matter of adopting a resolution recognizing January 13 as Korean American Day in the City of Cerritos on a future agenda.

Mayor Bowlen inquired about and staff responded regarding the status of construction of the Cerritos Park East running track and the decorating schedule for the City’s Tournament of Roses Parade Float.

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 Attorney
Agency Designated Representative: Anthony Canzoneri


CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54957.6

Agency Designated Representatives: Councilman John F. Crawley and Councilwoman Gloria A. Kappe

Unrepresented Employees: City Attorney

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 Clerk
Agency Designated Representative: Josephine Triggs

Title: City Manager
Agency Designated Representative: Art Gallucci

CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54957.6

Agency Designated Representatives: Councilman John F. Crawley and Councilwoman Gloria A. Kappe

Unrepresented Employees: City Clerk and City Manager


The City Council convened in Closed Session at 9:20 p.m. The meeting reconvened at 10:20 p.m., with all City Councilmembers in attendance.

The City Council confirmed its Closed Session action as follows: accepted the resignation of City Attorney Anthony Canzoneri effective December 30, 2006, and appointed Mark Steres as City Attorney effective December 30, 2006. Also effective December 30, 2006, the City Council appointed Dennis Roy as Assistant City Attorney and Adrian Guerra as Deputy City Attorney.

The City Council continued the above items with respect to the City Clerk to its
January 11, 2007 meeting.

Consideration of salary and compensation adjustments for City Charter Employees

MOTION: It was moved by Councilwoman Kappe and seconded by Mayor Pro Tem Lee to adjust the City Attorney’s compensation with a five percent (5%) cost of living adjustment, retroactive to July 1, 2006 as follows:

Litigation, Attorneys with 1-3 years’ experience $236 per hour;
Redevelopment & Attorneys with 4-5 years’ experience $263 per hour;
Special Projects & Attorneys with 6-7 years’ experience $289 per hour;
All Other Work: Attorneys with 8+ years’ experience $310 per hour; and
Law Clerks and paralegals $131 per hour.

The motion carried unanimously.

MOTION: It was moved by Councilman Edwards and seconded by Mayor Pro Tem Lee to adjust the City Manager’s compensation with a five percent (5%) cost of living adjustment, retroactive to July 1, 2006. The motion unanimously carried.

ADJOURNMENT

There being no further business to come before the City Council, the meeting adjourned at 10:25 p.m.
 

/s/ Josephine Triggs
Josephine Triggs, City Clerk

ATTEST:


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

Approved: January 11, 2007

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