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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD AUGUST 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

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

PLEDGE OF ALLEGIANCE

Brownie 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 Bruce W. Barrows

Councilman Joseph Cho, Ph.D.

Councilman John F. Crawley

Mayor Pro Tem Jim Edwards

Mayor Laura Lee

PRESENTATIONS

The following presentations were made:  Matthew Lee for walking the entire 234 hours for a total of 67 miles in the Cerritos/Artesia Relay for Life June 30 and July 1, 2007, and Lee B. Humphrey for earning the Eagle Scout rank.

PUBLIC COMMENTS AND SUGGESTIONS

Merri Wheaton, Cerritos resident, offered a prayer.

Larry Caballero, Senior Field Representative for Assemblymember Tony Mendoza, extended an invitation to the community to attend the Assemblymember's Labor Day Family Barbeque at Heritage Park on Saturday, September 8 from 10 a.m. to 4 p.m.

Jerry Kamashian, Cerritos resident, requested the City Council correct a previous Code Enforcement violation associated with his residential property, which he asserted was issued in error.

Rowland Heights residents Feng Lee, Bin Li, Ling Jong and Hong Lo addressed the matter of Falun Gong practitioners in China.

Charles Sooter, Cerritos resident, asked that the Council consider modifying its previous action by placing on the next agenda the adoption of United States Marine Corps 1st Combat Engineer Battalion, prior to non-profit status confirmation, and the establishment of a Meritorious Marine program.

Previous Council action requiring establishment of non-profit status prior to moving forward with the Marine battalion adoption was briefly addressed.

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 August 23, 2007, Checks 92797 through 93242, in the total amount of $7,153,037.19.  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 August 9, 2007 Regular City Council Meeting.  The motion carried unanimously.

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

ORDINANCE NO. 928 – AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 22.33, INDUSTRIAL COMMERCIAL-TWO ZONE (MC-2), OF THE CERRITOS MUNICIPAL CODE RELATING TO THE REGULATION OF MOTORCYCLE DEALERSHIPS AND MOTORCYCLE REPAIR FACILITIES IN THE MC-2 ZONE.

MOTION:  It was moved by Mayor Pro Tem Edwards and seconded by Councilman Crawley to waive reading of and adopt Ordinance No. 928 entitled:

ORDINANCE NO. 928 – AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 22.33, INDUSTRIAL COMMERCIAL-TWO ZONE (MC-2), OF THE CERRITOS MUNICIPAL CODE RELATING TO THE REGULATION OF MOTORCYCLE DEALERSHIPS AND MOTORCYCLE REPAIR FACILITIES IN THE MC-2 ZONE.

The motion carried by the following vote:

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

NOES:          Councilmembers        -     None

ABSENT:     Councilmembers        -     None

ABSTAIN:    Councilmembers        -     None

PUBLIC HEARINGS

A proposal by the Cerritos Redevelopment Agency to construct a ±9,000 square-foot expansion and improvement project at the Cerritos Sheriff’s Station/Community Safety Center at 18135 Bloomfield Avenue, Cerritos, CA 90703 (APN 7025-026-901), Project No. 72103.

Cerritos Redevelopment Agency Conformity Report 2007-5

Public Referral Project 2007-2

Pursuant to Section 15301, Existing Facilities, of the California Environmental Quality Act (CEQA) this project has been deemed to be categorically exempt from CEQA review.

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

Assistant City Engineer Vancheswaran presented an overview of the proposal as outlined in the staff report dated August 23, 2007.

Interested parties were invited to address the City Council on this matter.  There was no response and the public hearing was closed.

A brief discussion was held regarding the display of proposed modifications in staff exhibits in a more clearly identifiable manner and monitoring of the air-conditioning/heating component to ensure energy efficiency.

MOTION:  It was moved by Councilman Barrows and seconded by Councilman Crawley that the City Council:

A.        Receive and file Cerritos Redevelopment Conformity Report 2007-5; and

B.         Approve Public Referral Project 2007-2, making the findings set forth in Planning Commission Resolution No. PC 2007-33;

as recommended in the staff report dated August 23, 2007.  The motion carried unanimously.

MOTION:  It was moved by Councilman Barrows and seconded by Councilman Crawley to waive reading of and adopt Joint Resolution No. 2007-13 and Resolution No. CRA 2007-6 entitled:

RESOLUTION NO. 2007-13/CRA 2007-6 - A JOINT RESOLUTION OF THE CERRITOS CITY COUNCIL AND THE CERRITOS REDEVELOPMENT AGENCY APPROVING PUBLIC REFERRAL PROJECT 2007-2 TO CONSTRUCT A ±9,000 SQUARE-FOOT EXPANSION AND IMPROVEMENT PROJECT AT THE CERRITOS SHERIFF’S STATION/COMMUNITY SAFETY CENTER AT 18135 BLOOMFIELD AVENUE, CERRITOS, CA 90703 (APN 7025-026-901) PROJECT NO. 72103.

The motion carried unanimously.

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS FINDING THE CITY IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089.

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

Public Works Director Arbogast provided background information and an overview of the Congestion Management Program as contained in the staff report dated August 23, 2007.

Those interested in the matter were invited to present testimony.  Hearing no response, the public hearing was closed.

MOTION:  It was moved by Councilman Barrows and seconded by Councilman Crawley to waive reading of and adopt Resolution No. 2007-14 entitled:

RESOLUTION NO. 2007-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS FINDING THE CITY IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089.

The motion carried unanimously.

Information, discussion, and consideration to authorize further actions related to a proposed development involving the City of Cerritos/Cerritos Redevelopment Agency and the ABC Unified School District for the construction of an affordable senior housing community for individuals age 55 or older, a senior recreation center, and a ±4.04-acre park located at 16700 Norwalk Boulevard in Cerritos (APN 7012-001-900), the remodel of an existing building located at 12880 Moore Street in Cerritos (APN 7010-016-030) to accommodate a kitchen/warehouse facility for student lunch preparation, and the remodel of an existing building located at 12881 166th Street in Cerritos (APN 7010-016-032) to accommodate administrative offices.

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

Community Development Director Contreras presented an overview of the proposed modifications to the previously reviewed proposal, as outlined in the staff report dated August 23, 2007.

Staff responded to Council inquiries as follows:  staff negotiations with existing tenants of the Moore Street properties are ongoing in an effort to address tenant relocation and avoid project delays; the revised number of affordable units meets the state requirements; staff will negotiate for Cerritos resident housing priority; enlarging the senior center component will require additional funding and prolong completion of the project; building the housing component in phases to meet future state affordable housing requirements would mean a seven-year waiting period; and a pending legislative bill offered by the City could result in affordable housing carry-over credit.  A brief discussion followed regarding the potential for current Cerritos residents moving into the senior housing units being proposed.

Interested parties were invited to address the City Council on this matter.

Gavin Riley, Cerritos resident, retired ABC Unified School District teacher and teacher’s union representative, expressed support for the revised proposal, noting that the modification to provide for the return of the park site to the district for a school, if necessary in the future, was prudent.  He added that the cost to operate a school remains constant and referenced the student enrollment decline of 300 students from last year.

Gordon Quan, Cerritos resident, made the following points:  the modified proposal is an improvement, the school district should be financially sound and not dependent on the City, and the long term impacts of the proposal should be evaluated.  He expressed his agreement with eliminating the overlay proposal as a result of the proposed modifications.

Benjamin Ao, Cerritos resident, indicated that the proposed modifications are for the better, asked for clarification on which entity would own the housing; and suggested the housing component be constructed in phases with the first phase consisting of the number of units required by the state at the present time and the second phase undertaken in seven years when future housing requirements are known.  He referenced Article 34 and suggested placing the matter before the electorate.

Chris Fuentes, Cerritos resident, expressed that Cerritos residents should have priority with regard to the affordable senior housing.  He inquired as to ownership/maintenance of the park and whether or not the park could be taken back by the school district for purposes other than a school; suggested the park be used exclusively for seniors; inquired if the existing property leases would be bought-out; and requested clarification with regard to security for the senior housing component.

No one else wished to present testimony and the public hearing was closed.

City Manager Gallucci responded that the park is public and the school district is interested in daytime use of the park in conjunction with Tracy High School; observed that the senior center is designated for seniors and senior programming, with the school district offering classes for seniors; commented that the City will retain control of the 16 acres and the school district will retain control of the two properties for its offices and warehouse facilities; and noted the park can revert back to the school district for school purposes only.  In reference to Mr. Ao's comments, Mr. Gallucci indicated that although the next Regional Housing Needs Assessment requirement will occur in seven years, the redevelopment set-aside funds must be expended before the seven-year period.  He observed further that an Article 34 validation procedure before the court would be undertaken and completion of an environmental analyses and an executed agreement is required as part of that process.

The following points were addressed during ensuing Council comments:  the five major concerns outlined in the staff report (larger park, additional senior housing units, district owns more land, entire project paid for by housing set-aside funds and no overlay zone) have been addressed as a result of the modifications to the proposal; any legal dispute concerning Article 34 will be addressed by the validation hearing before the court; the Disposition and Development Agreement will contain the details of the project; and City residents having first priority for the senior housing is currently part of the Disposition and Development Agreement, however, given the complexity of the jurisdictional issues of the City versus the School District, this matter is still subject to legal interpretation.

MOTION:  It was moved by Councilman Edwards and seconded by Councilman Cho to:

1.         Authorize the City Manager/Executive Director to execute such documents necessary to purchase the properties located at 12880 Moore Street and 12881 166th Street, with the provision that the close of escrow is contingent upon the approval by both the City/Agency and the District of the proposed project, and all related components, described in the staff report as well as an affirmative validation from the court regarding the proposed project's legal validity; and

2.         Direct staff to prepare a report for Council/Agency review and consideration at a public hearing on September 27, 2007, which shall include for consideration a Master Agreement and associated sub-agreements and implementation documents as well as the environmental assessment prepared pursuant to the California Environmental Quality Act (CEQA);

as recommended in the staff report dated August 23, 2007.  The motion carried unanimously.

NEW AND OLD BUSINESS

The applicant, Henrik Vartanian of Vartanian & Associates, Inc., 8301 East Florence Avenue, Downey, California 90240, on behalf of the property owner, Alliance of Schools for Cooperative Insurance Programs, is requesting approval of Tentative Parcel Map 69366 to replace Tentative Parcel Map 18951 which was previously approved for the development of the property at 16550 Bloomfield Avenue and 12621 166th Street, but was never recorded.  The properties are zoned ADP-1, Light Industrial and are located within the Los Coyotes Redevelopment Project Area (APN 7010-016-006 and APN 7010-016-049).

Cerritos Redevelopment Agency Conformity Report 2007-4

MOTION:  It was moved by Councilman Barrows and seconded by Councilman Crawley to:

A.        Receive and file Cerritos Redevelopment Agency Conformity Report 2007-4; and

B.         Approve Tentative Parcel Map 69366, making the findings set forth in Cerritos Planning Commission Resolution No. PC 2007-36;

as recommended in the staff report dated August 23, 2007.  The motion carried unanimously.

REPORT ON PENDING LEGISLATION

Assistant City Manager Matsumoto reported on the status of Senate Bill 375 relating to green house gas emissions associated with regional transportation and land use planning issues.

Discussion ensued regarding potential legislative action on this matter prior to the City adopting a resolution in opposition to SB 375.

EMERGENCY SITUATION

MOTION:  Following additional discussion, it was moved by Councilman Barrows and seconded by Councilman Crawley, that the City Council make a determination that an emergency situation exists with regard to Senate Bill 375; that there is a need for immediate action on Senate Bill 375 and the need to take action came to the attention of the City subsequent to the agenda being posted; and that consideration of the City's position with regard to Senate Bill 375 be placed on this evening's agenda.  The motion carried unanimously.

SENATE BILL 375

MOTION:  It was moved by Councilman Barrows and seconded by Councilman Crawley that the City Council adopt Resolution No. 2007-15 entitled:

SENATE BILL 375

RESOLUTION NO. 2007-15 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS OPPOSING SENATE BILL 375 AUTHORED BY SENATOR DARRELL STEINBERG WHICH PROPOSED NUMEROUS CHANGES TO REGIONAL TRANSPORTATION AND LAND USE PLANNING.

The motion carried unanimously.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS

Councilman Barrows suggested staff report back regarding a lantern festival that coincides with the Rose Parade Float theme.

Mayor Lee indicated that last year she made a similar suggestion after observing a lantern festival at the City of Irvine.

Councilman Cho referenced the possible religious association with lighting lanterns and suggested a Lunar New Year's Day celebration with a lantern lighting component.

CONSENSUS:  It was the consensus of the City Council to direct staff to report back to the City Council regarding celebrating Lunar New Year's Day, with lantern lighting as part of the activities.

Councilman Barrows referenced the public comments and suggestions portion of the agenda where responses to public inquiries would be provided at the next regularly schedule meeting and suggested that this be re-implemented.

Mayor Lee expressed her understanding that the process referenced by Councilman Barrows was being implemented.

CONSENSUS:  Following comment by Councilman Barrows, staff was directed to report back later in the year on the availability of funding for art work/features that were eliminated from the Library Expansion and Cerritos Center for the Performing Arts projects.

In response to inquiry of Councilman Barrows, Community and Safety Services Director Berg indicated that the multi-max exercise station at Cerritos Park East was placed in lock-down mode pending disposition of litigation.

CONSENSUS:  Following comment by Councilman Crawley, the City Attorney was directed to provide a follow-up report on Rubin v. City of Burbank, with regard to the invocation at City Council meetings.

MOTION:  Following discussion, it was moved by Councilman Cho and seconded by Mayor Lee to place the matter of trash services on the next City Council agenda.  The motion carried, with Councilman Barrows and Mayor Pro Tem Edwards dissenting.

Councilman Edwards reported on his attendance at the Loveland, Colorado Sculpture Festival; Soccer Awards Recognition Dinner; and opening night at Cerritos Center for the Performing Arts.  He also commented on the recent visit to the United States Marine Corps Base at Camp Pendleton as guests of the 1st Combat Engineer Battalion.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS

Mayor Lee also commented on visiting Camp Pendleton and the 1st Combat Engineer Battalion.  She referenced an article in The Economist Magazine that featured the City of Cerritos.

ADJOURNMENT

There being no further business to come before the City Council, the meeting adjourned at 9:45 p.m. in memory of Mrs. Cheng Chien Fen-Jer and Cerritos High School Student Regina Roman, both of whom recently passed away.

/s/ Josephine Triggs               
Josephine Triggs, City Clerk

ATTEST:

/s/ Laura Lee          
Laura Lee, Mayor

Approved:  September 13, 2007

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