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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD JULY 23, 2007
 

CALL TO ORDER

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

INVOCATION

Pastor Bill Ebling of the First Baptist Church of Fullerton offered the invocation.

PLEDGE OF ALLEGIANCE

Mayor Pro Tem 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 Bruce W. Barrows

Councilman Joseph Cho, Ph.D.

Councilman John F. Crawley

Mayor Pro Tem Jim Edwards

Mayor Laura Lee

CONSENT CALENDAR ITEMS

Approval of Register of Demands

MOTION:  It was moved by Mayor Pro Tem Edwards and seconded by Councilman Crawley to approve the Register of Demands dated July 23, 2007, Checks 92241 through 92551, in the total amount of $1,402,127.35.  The motion carried unanimously.

Approval of Treasurer’s Report for the period ending June 30, 2007

MOTION:  It was moved by Mayor Pro Tem Edwards and seconded by Councilman Crawley to approve the Treasurer’s Report for the period ending June 30, 2007.  The motion carried unanimously.

Approval of Minutes

MOTION:  It was moved by Mayor Pro Tem Edwards and seconded by Councilman Crawley to approve the Minutes of the July 12, 2007 Regular City Council Meeting.  The motion carried unanimously.

PUBLIC HEARINGS

An appeal of a decision of the Cerritos Planning Commission denying a request by PGG Corporation, 19430 Pioneer Boulevard, Cerritos, CA, 90703, for a Development Code Amendment (DCA 2007-3) relative to the addition of convenience stores as a conditional use in the Neighborhood Commercial (CN) zone:

AN ORDINANCE OF THE CITY OF CERRITOS AMENDING VARIOUS SECTIONS OF THE CERRITOS MUNICIPAL CODE AS IT RELATES TO THE ADDITION OF CONVENIENCE STORES AS A CONDITIONAL USE IN THE NEIGHBORHOOD COMMERCIAL (CN) ZONE.

Appeal to the City Council No. PC 2007-1

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

Advance Planning Manager Lopez reviewed the staff report dated July 23, 2007, and summarized background information related to the request as well as the Planning Commission basis for denial.

Peter Wittenham, 2400 East Katella, Anaheim, representing the appellant, indicated that 235 individuals signed petitions in support of the request, many of whom reside within one mile of the store, and that five individuals spoke in support of the request at the Planning Commission meeting.  He noted the appellant would make property improvements and is requesting an extension of hours from 10:00 p.m. to midnight, which he opined would not set a precedent.  He commented that a minor decoy was unsuccessful in purchasing alcohol from the store and that hours of delivery would be between 9:00 a.m. and 5:00 p.m.  Mr. Wittenham suggested a six-month conditional approval of the request, after which time approval could be rescinded for cause.

Dell Swaitch, PGG Corporation, appellant, indicated he owns two other similar stores; is willing to work with the City to mitigate any noise or other concerns associated with the use; and is requesting increased hours of operation to help cover the site improvement loan costs.

No one else wishing to address the City Council, the public hearing was closed.

The following points were noted during ensuing discussion:  there are other Circle K stores that sell hard alcohol; the Planning Commission vote to deny the request was 4 to 1, with Commissioner Yen Chen dissenting; a trial-period for a development code amendment is not typical; there are no approved convenience stores in the City and five packaged liquor stores; and convenience stores and packaged liquor stores are governed by different regulations.

At the request of the Council, Community Development Director Contreras indicated that it is being recommended that the application, as submitted, to extend the hours of operation for the convenience store from 10:00 p.m. to 12:00 midnight be denied.  He added that the Planning Commission has directed that staff bring back a draft ordinance with regulations more amenable to the City with regard to hours of operation and the sale of beer and wine for convenience stores.

Additional discussion continued and there was some question whether or not the request would benefit the community and if the requested amendment for extended hours would result in an appreciable increase in revenue for the store.

MOTION:  It was moved by Councilman Barrows and seconded by Councilman Crawley that the City Council uphold the decision of the Planning Commission and deny Appeal to the City Council No. PC 2007-1, a request by PGG Corporation, 19430 Pioneer Boulevard, Cerritos, CA, 90703, for a Development Code Amendment (DCA 2007-3) relative to the addition of convenience stores as a conditional use in the Neighborhood Commercial (CN) Zone.  The motion carried unanimously.

Consideration and review of Cerritos Water Supply Public Health Goal Assessment.

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

Water Superintendent Holdren reviewed the staff report dated July 23, 2007.  At the request of the Council Mr. Holdren discussed the type of chlorine and chlorine levels used in water from the Metropolitan Water District, which could result in an odor of chlorine in the water, particularly during the summertime.  Positive comments regarding the quality of Cerritos water were made during ensuing discussion.

Those wishing to present testimony were called upon.  There was no response and the public hearing was closed.

MOTION:  It was moved by Mayor Pro Tem Edwards and seconded by Councilman Barrows that the City Council direct staff to send confirmation to appropriate regulatory agencies that the City of Cerritos 2007 Public Health Goals Report has been completed and the City Council public hearing on the Report was held on July 23, 2007.  The motion carried unanimously.

PENDING LEGAL MATTERS

Consideration to waive reading of and introduce AN ORDINANCE OF THE CITY OF CERRITOS ADDING CHAPTER 14.10 TO THE CERRITOS MUNICIPAL CODE PERTAINING TO STATE VIDEO FRANCHISES OPERATING WITHIN THE CITY.

MOTION:  It was moved by Mayor Pro Tem Edwards and seconded by Councilman Cho to waive reading of and introduce Ordinance No. 927 entitled:

ORDINANCE NO. 927 - AN ORDINANCE OF THE CITY OF CERRITOS ADDING CHAPTER 14.10 TO THE CERRITOS MUNICIPAL CODE PERTAINING TO STATE VIDEO FRANCHISES OPERATING WITHIN THE CITY.

The motion carried by the following vote:

AYES:          Councilmembers        -     Barrows, Cho, Crawley, Edwards, Lee

NOES:          Councilmembers        -     None

ABSENT:     Councilmembers        -     None

ABSTAIN:    Councilmembers        -     None

PUBLIC WORKS ACTIVITIES

Consideration of residential waste collection and recycling program proposals submitted by CalMet Services, Inc.

Environmental Services Manager O'Grady presented the staff report dated July 23, 2007, noting that the current waste hauler, CalMet Services, has not met the diversion mandates of Assembly Bill 939, which resulted in a Compliance Order from the California Integrated Waste Management Board requiring the City to develop a Local Assistance Plan, with an implementation deadline of December 31, 2007.

Staff responded to inquiries of the Council as follows:  if the Council chose to bid for the service, implementation of service would likely occur by the end of March 2008; the City of Downey has lower rates than Cerritos due to pre-existing barrels and trucks, and because operations for CalMet are located in Downey; the costs associated with the options contained in the staff report are subject to negotiation; source of waste reporting discrepancies at the solid waste facility could result in waste being attributed to Cerritos when the source could have been another city; the length of the contracted service would depend on the option ultimately selected by the Council; a variety of issues that are subject to negotiation could include options for barrel size, changing barrel sizes, use of clean fuel for trucks, and removal of green waste that exceeds barrel capacity; and if the Council chose to not go to bid for the service, staff would recommend that an option be selected, with staff being directed to negotiate with the current trash hauler and return with a contract for Council consideration.

Inquiries as to the reason for the current trash hauler not meeting the diversion goal and whether or not rates would be less for smaller barrels followed.

It was then pointed out that since the existing trash hauler has provided costs associated with the various options, a bid process at this point may put other bidders at an advantage.  City Manager Gallucci observed that the figures outlined in the staff report are considered high-end opening numbers, and City Attorney Steres added that the City is not required to go with the lowest bidder for this service.

Catherine Gaughen, Cerritos Regional Chamber of Commerce Executive Director, spoke in support of retaining the services of the current trash hauler CalMet Services without going through the competitive bidding process and commented on CalMet's community service.

Paul Bellenbaum, Cerritos resident, expressed that the 95 gallon barrel may be too large for residents to maneuver.

John Nieto, Cerritos resident, indicated the following based on experiences of residents in other cities where automated trash service is utilized:  damaged barrels are not replaced free of charge, trash that falls from the trash barrel during dumping is not pick-up by the hauler, trash barrels are not marked and neighbors swap damaged for undamaged trash barrels; and the trash hauler does not upright knocked-over trash barrels.

Joe Sloan, representing CalMet Services, commented as follows:  a default barrel size would be determined by the City, with a contracted option to change to a different size; three 95-gallon barrels is the equivalent of nine typical trash cans; overflow green waste can be handled through bulky item pick-up free of charge, with a separate service call for excessive green waste; containers could be replaced free of charge as called out in a contract; stray containers can be identified by serial numbers which are assigned to resident addresses; factors affecting diversion performance include the Sanitation District's modified method of resource recovery and phantom tonnage where materials are erroneously attributed to Cerritos; smaller barrels could be charged at a slightly lower price depending on the contract; the bidding process timeframe could exceed the deadline for the California Integrated Waste Management Board compliance order; if another hauler were selected as a result of the bidding process, implementation of the new service would be lengthy; CalMet's pricing has been made public and would negatively impact its ability to bid competitively; CalMet is requesting a three-year service term with an option for an additional three-year term based on performance benchmarks; CalMet offers flexibility and can change-out options; CalMet is a locally owned and operated company with a good service record for Cerritos; and rates charged to Cerritos by CalMet are the lowest of neighboring cities and among the ten percent lowest in Los Angeles County.  Mr. Sloan requested that the City Council authorize staff to negotiate with CalMet regarding the options outlined in the staff report and come back with an agreement with CalMet for residential and commercial trash collection services without going through the bid process.

Discussion ensued regarding replacement of damaged barrels other than melted barrels; ownership of barrels typically belonging to CalMet with some flexibility to stencil name and address on the barrels, if this is included in the contract; and the prices for the incumbent hauler are typically not public before the bidding process is initiated.

At this juncture, City Manager Gallucci referenced the current contract and reminded the Council that a lower rate was negotiated because of the bidding process.  He also noted that the AB 939 diversion mandate has never been achieved with the current hauler, and that the current hauler has provided outstanding service.

Councilman Barrows noted that the City is not bound to the low bid for trash hauling services; commented on the good experiences with CalMet; and noted that the erroneous reporting of waste being attributed to Cerritos could have an effect on the diversion rates.

Councilman Cho indicated he would like to give the residents an opportunity to express their opinions on this matter at a public hearing, and indicated that 12 years with one hauler is too long and he would prefer an open bid process.

Mayor Pro Tem Edwards noted that he had surveyed other nearby cities and neighbors and it was the consensus that the most valued attribute of the current trash hauling provider was service.  He indicated that Option 2 and Option 4 should be considered.

Councilman Crawley commented on the previous bid process for trash hauling service, opining that the low bidder had submitted an artificially low bid.  He preferred Option 4, which would give the highest diversion rate at the lowest price.

Mayor Lee observed that CalMet has performed well for the City, however, after 12 years she preferred to go through the bid process.  She expressed a preference for Option 4 because it provides a high diversion rate at a good price.

MOTION:  It was moved by Councilman Barrows and seconded by Councilman Crawley to select Option 4, as outlined in the staff report dated July 23, 2007, as the preferred option.  The motion carried, with Councilman Cho dissenting.

MOTION FAILS:  It was moved by Councilman Cho and seconded by Councilwoman Lee to authorize staff to go out to bid for all options, including Option 4.  The motion failed with Mayor Pro Tem Edwards, Councilman Barrows and Councilman Crawley dissenting.

MOTION:  It was moved by Councilman Edwards and seconded by Councilman Crawley to authorize staff to negotiate with CalMet Services, Inc. to provide solid waste collection and recycling services in the City of Cerritos for the Option 4 residential service and for commercial service.  The motion carried, with Councilman Cho dissenting.

NEW AND OLD BUSINESS

Designation of Voting Delegate and Alternate(s) for the League of California Cities Annual Conference to be held September 5-8, 2007.

MOTION:  It was moved by Councilman Edwards and seconded by Councilman Barrows to confirm Mayor Pro Tem Jim Edwards as the City's voting delegate for the upcoming League of California Cities Annual Conference, and to designate Councilman Bruce Barrows as the alternate voting delegate.  The motion carried unanimously.

Review and consideration of proposed legislation to amend Health and Safety Code Section 33334.35 to authorize a redevelopment agency to pay its local school district a portion of the agency's annual deposit into the agency's low and moderate income housing fund.

MOTION:  It was moved by Councilman Barrows and seconded by Councilman Cho to approve the text of proposed legislation, as outlined in the staff report dated July 23, 2007, to amend Health and Safety Code Section 33334.35 to authorize a redevelopment agency to pay its local school district a portion of the agency's annual deposit into the agency's low and moderate income housing fund.  The motion carried unanimously.

Councilman Barrows requested to speak, on behalf of the Council, with Senator Torlakson concerning this one bill.  There were no objections to the request.

Review and consideration of proposed legislation to amend Government Code Section 65584.095 as it relates to the Regional Housing Needs Assessment (RHNA) to allow the carry-over of excess housing units of a particular income level to a subsequent planning cycle.

MOTION:  It was moved by Councilman Barrows and seconded by Councilman Cho to approve the text of proposed legislation, as outlined in the staff report dated July 23, 2007, to amend Government Code Section 65584.095 as it relates to the Regional Housing Needs Assessment (RHNA) to allow the carry-over of excess housing units of a particular income level to a subsequent planning cycle.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS

Councilman Cho commented on the recent City Wide Pride Awards Ceremony and the Volunteer Appreciation dinner.

Mayor Pro Tem Edwards also discussed the Volunteer Appreciation Dinner and thanked all those who volunteer for the City.

Mayor Lee noted her attendance at the Volunteer Appreciation Dinner and the City Wide Pride Awards Ceremony; referenced Congresswoman Sanchez's House Resolution 189 encouraging the establishment of a Welcome Home Vietnam Veterans Day; requested increased traffic patrol in the vicinity of Artesia Boulevard and 166th Street to address speeding truck traffic; and reminded residents about restricted parking on street sweeping days.

CLOSED SESSION

The City Attorney announced the following closed session:

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Property:                            12880 Moore Street (APN 7010-016-030)

                                          12881 166th Street (APN 7010-016-032)

Agency negotiators:            Art Gallucci

                                          Torrey Contreras

Negotiating parties:             Integral Partners, LLC

Under negotiation:               Instructions to negotiators concerning price, terms of payment, or both

The City Council convened in closed session at 9:30 p.m.  The meeting reconvened at 10:05 p.m.

It was reported that staff was authorized to negotiate on the two parcels.

ADJOURNMENT

There being no further business to come before the City Council, the meeting adjourned at 10:05 p.m.

/s/ Josephine Triggs               
Josephine Triggs, City Clerk

ATTEST:

/s/ Laura Lee          
Laura Lee, Mayor

Approved:  August 9, 2007

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