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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD NOVEMBER 19, 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

Mayor Pro Tem Edwards offered the invocation.

PLEDGE OF ALLEGIANCE

Girl Scout, Brownie, Daisy and Junior Troop 767 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

A proclamation was given to Evelyn DeVries for her outstanding instruction and guidance related to the ABC Adult School's Brazilian embroidery class and Certificates of Recognition were presented to class participants for their entries at the 2007 Los Angeles County Fair.

PUBLIC COMMENTS AND SUGGESTIONS

Larry Caballero, Senior Field Representative for Assemblymember Tony Mendoza, invited everyone to the Assemblymember's open house and toy drive on December 12, 2007 at his Norwalk office.

Kym Sykes, Cerritos resident, referenced a petition regarding traffic congestion/concerns in and around Artesia Boulevard/Mapes Avenue/Abana Street near Gahr High School and asked those in the audience who were present regarding this matter to stand.  Several individuals responded by standing.  Ms. Sykes asked the City Council to place this matter on an agenda for further discussion.

Mary Buell, Cerritos resident, requested and received a response that public comment would be allowed when the B & B Stables item is considered under New and Old Business.

An unidentified person reiterated the request of Ms. Sykes.

Elizabeth Canti asked the Council to consider changing the name of the Holiday Tree Lighting Ceremony to the Christmas Tree Lighting Ceremony.

Willodean Wiswell, Cerritos resident, referenced the traffic generated from Gahr High School and indicated that it is impossible for her to enter/exit her driveway between 1:00 p.m. and 3:00 p.m.

Anneta Breedlove, Cerritos resident, discussed the traffic congestion situation at Artesia Boulevard and Gridley Road and its impact on Abana Street, Palm Street and Mapes Avenue.  She indicated that residents on these streets are unable to get into and out of their tract; asked that an ordinance be adopted to alleviate this situation; and suggested a traffic plan for loading and unloading of students at Gahr High School.

Gloria Kasilag, Cerritos resident, indicated that this was her third time making a request to allow artificial grass in front yards and asked for a permit to install this material on a trial basis.  She referenced global warming and drought as reasons to allow installation of artificial grass.  Ms. Kasilag was referred to the Community Development Department Director for information on the formal request process.

Chris Fuentes, Cerritos resident, asked that the center divider on South Street south of the Los Cerritos Shopping Center be narrowed to alleviate a bottleneck for eastbound traffic entering the Center.  He reiterated the comments of previous speaker Elizabeth Canti and called for reinstatement of the invocation as it was allowed prior to the Rubin case.  Mr. Fuentes also suggested the formation of a senior citizen commission and asked the Council to place this matter on an agenda.

CONSENSUS:  Staff was directed to report back to the City Council regarding traffic concerns in and around Gahr High School in January 2008.

CONSENSUS:  Staff was directed to report back and place on the next agenda the matter of considering changing the name of the holiday tree lighting ceremony to the Christmas tree lighting ceremony.

MOTION:   It was moved by Councilman Cho and seconded by Councilman Barrows to direct staff to report back to the City Council early next year on the formation of a Senior Citizen Commission.  The motion carried unanimously.

CONSENT CALENDAR ITEMS

Approval of Register of Demands

MOTION:  It was moved by Councilman Crawley and seconded by Councilman Barrows to approve the Register of Demands dated November 19, 2007, Checks 95161 through 95577 in the total amount of $4,821,220.15.  The motion carried unanimously.

Approval of Minutes

MOTION:  It was moved by Councilman Crawley and seconded by Councilman Barrows to approve the minutes of the November 8, 2007 Regular City Council Meeting.  The motion carried unanimously.

Miscellaneous

Consideration and award of Bid No. 1062-08, printing of the Cerritos News, Cerritos Library News, Community Services Program, and Cerritos Lifelong Enrichment Newsletter.

MOTION:  It was moved by Councilman Crawley and seconded by Councilman Barrows to award Bid No. 1062-08 for the printing of the Cerritos News, Cerritos Library News, Community Services Program and Cerritos Lifelong Enrichment Newsletter to AAone Litho, Inc. in the amount of $106,448.77.  The motion carried unanimously.

PUBLIC HEARINGS

A proposal by John Alexander Associates, 12040 East Florence Avenue, Santa Fe Springs, CA, 90670, on behalf of the property owner, RPH Investments, Inc., to demolish one (1) existing industrial building and to construct one (1) new industrial building at 14103 Park Place, Cerritos, California, 90703.  The subject property is zoned (M), Industrial (APN 7003-013-018).

Negative Declaration

Precise Plan 84-3 (B)(2007) Amendment

The public hearing was opened and staff was called upon for a report.

Current Planning Manager Hamilton reviewed the staff report dated November 19, 2007.

Interested parties were invited to present testimony.  There was no response and the public hearing was closed.

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

A.        Receive, file, certify, and approve the Negative Declaration related to Precise Plan 84-3 (B)(2007) Amendment making the findings set forth in Cerritos Planning Commission Resolution No. PC 2007-46; and

B.         Approve Precise Plan 84-3(B)(2007) Amendment, making the findings outlined in Planning Commission Resolution No. PC 2007-47;

as recommended in the staff report dated November 19, 2007.  The motion carried unanimously.

Consideration of a proposal to enter into a non-binding letter of intent with Transpacific Development Company, 2377 Crenshaw Boulevard, Suite 300, Torrance, California, with respect to the development of a five-story office building and related improvements located at 12800 Center Court Drive.  The subject site is zoned Development Area Two (ADP-2) and is located within the Los Coyotes Redevelopment Project Area (APN 7030-011-913).

The public hearing was opened and staff was called upon for a report.

Management Analyst Carey reviewed the staff report dated November 19, 2007.

At the request of the Council, City Manager Gallucci provided an overview of the proposed financial arrangement between the City and the developer and responded to inquiries as follows:  the dome is being considered the art work for this development; the area under the dome cannot be used for gatherings due to rooftop equipment; Alucobond will be one of the alternatives considered for bonding material; the proposal will come before the Council again in the future; during negotiations it was never communicated by the developer that there was a connection between the number of stories for the structure and the financial arrangement; the leasing arrangements are at market; the green factor for building construction will be taken into account during the construction phase of the project; and the current concept will not trigger a requirement for a parking structure.

Interested parties were invited to present testimony.

Roy Ringwood, Cerritos resident, requested and received clarification that construction would be privately funded. 

Chris Fuentes, Cerritos resident, requested and received clarification that the City is not paying a developer fee.  He asserted that the proposed dome is an architectural element and not art work, and asked that the Council consider whether the dome meets the intent of the art in public places ordinance.

Alan Pyenson, Vice President Transpacific Development Company, indicated that the five-story structure gives the site the proper perspective and that the project would be built under the 2007 building code, which is more attuned to green concerns and requirements.

Mr. Ringwood asked that this project be awarded to the lowest responsible bidder to ensure that Cerritos residents will be working the project and that workers from out-of-state, depressed areas would not be brought-in to work.  Mr. Gallucci reiterated that the project would be privately constructed, however, that point would be pushed during the negotiations.

No one else wishing to comment, the public hearing was closed.

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

1.         Authorize the City Manager/Executive Director, or his designee, to further negotiate with representatives of Transpacific Development Company to develop a formal development agreement for review and approval by the City Council/Redevelopment Agency; and

2.         Authorize City staff to commence the processing of the required entitlements and to prepare and/or compile supplemental information in support of the proposed five-story office building to be located at 12800 Center Court Drive including, but not limited to, the preparation of an environmental assessment in accordance with the California Environmental Quality Act (CEQA);

as recommended in the staff report dated November 19, 2007.  The motion carried unanimously.

With concurrence of the Council, the following item was taken out of order.

NEW AND OLD BUSINESS

Update on alternative funding sources for the construction of a covering, arena and stables on City property at B & B Riding Stables, located at 10730 Artesia Boulevard, in conjunction with the Ride Your Horse! Therapeutic Riding Program (APN 7049-022-042).

Recreation Superintendent Titus reviewed the staff report dated November 19, 2007.

Discussion ensued regarding:  the possibility of funding the request less the amount of funds donated or placing a ceiling on the amount of funding provided; the possibility of funding the entire amount with redevelopment agency funds; the possibility of including the cost of any loan fees in the funding amount; and whether Southern California Edison has agreed to extend its existing lease with B & B.

Mary Buell, B & B Riding Stables, indicated that Southern California Edison has assured B & B that the leased Edison property adjoining their property would be available to

B & B for as long as they choose to lease it, adding that Edison would be unable to deny lease of the property to B & B because of a purchase agreement that entitles the Buells the use of the leased property in perpetuity.  Mrs. Buell asserted the City property is landlocked, however, the City is guaranteed a roadway through the Edison property, noting that B & B is protected, the City is protected and the riding program is protected.  She commented that the current riding program facility is not sufficient and the entire program would be transferred to B & B if approved.  It was pointed out by Mrs. Buell that they received $37,500 in private contributions, but would require a 60-month payment arrangement if a loan is necessary, including suspension of their rent payments for that time period.

Bob Buell, B & B Riding Stables, invited the Council to visit the riding program.

Chris Fuentes, Cerritos resident, asserted that the private contributions received should be for the program and the City should provide the funding for the arena and related improvements to avoid loans and other payment arrangements.

Willodean Wiswell, Cerritos resident, spoke in support of the City providing the funds for construction of the arena project.

Janet Incor, Bellflower resident, indicated she has been in the program since the summer and commented on her positive experiences.  She asked that the City fund the arena project.

Star thanked the Council for being there when she got her horse.

An unidentified speaker thanked those Councilmembers who have visited the program.

Gail Grossman, Cerritos resident and Parks and Recreation Commissioner, commented on the benefits of the program and urged the Council to fund the entire amount for the construction of the improvements for this program.

Chris Tierheimer, Cerritos resident, suggested that the general funds from the recent Community Development Block Grant fund exchange be utilized for construction of the arena project.  He referenced the monies spent on art objects and other facility/program improvements and expressed that the construction of the arena project deserves full funding by the City.

Mr. Buell indicated that there are hospitals that have expressed an interest in the program.

Martin Grossman, Cerritos resident, expressed disappointment in the proposal to waive B & B's monthly lease payments until that amount equals the amount necessary to fund the project.  He referenced the City's annual disbursement of funds to other charitable organizations and urged the Council to approve this one-time funding request for the arena project.

Catherine Chu, Cerritos resident, indicated that many of the riding program participants have medical issues associated with medication that prohibit them from being in the sun.

Kathy Mesner, Brea resident, stated that she has two children in the riding program and commented on the benefits of the program on those with special needs.  She asked that the Council help the Buells and consider funding the arena project.

Sharon Camino, representing one of the riders, addressed the program benefits.

Matt Kauble, Cerritos resident, indicated the program would result in public relations and indirect economic benefits, particularly if the Buells are able to expand the program.

Darlene Harman, President and Founding Director of the Ride Your Horse! Therapeutic Riding Program, observed that the program changes and enhances participants' lives.

MOTION FAILS:  Councilman Barrows moved that redevelopment funds be used to fund the whole amount to build the arena project and allow the Ride Your Horse! Therapeutic Riding Program to use the private donations that were raised for operation of the program.  The motion was seconded by Councilman Crawley.

Discussion followed regarding use of redevelopment funds versus the financial arrangement involving waiving of lease payments; gift of public funds considerations; possibility of an increase in the amount funded to cover financing charges if a loan is required; the potential precedent of totally funding the program; the possibility of a matching fund; the benefits of the program on those with special needs; potential restrictions on the use of the facility if it is fully funded by the City; the fiscal responsibilities to the residents of the community; liability concerns related to ownership and/or operation of the program; and the possibility of requiring that Cerritos residents have priority registration for the program, which was not objected to by Mr. Buell.

Associate City Attorney Canzoneri noted that regardless of the decision of the Council, staff would be required to bring back an agreement to address a variety of funding and indemnity issues.

The foregoing motion failed with Councilman Cho, Mayor Pro Tem Edwards and Mayor Lee dissenting.

MOTION:  It was moved by Councilman Cho and seconded by Mayor Pro Tem Edwards to fund a maximum amount of $44,000 for the construction of a covering, arena and stables on City property at B & B Riding Stables, located at 10730 Artesia Boulevard, in conjunction with the Ride Your Horse! Therapeutic Riding Program; and authorize staff to negotiate all other funding details, with a report back to the City Council for final approval.  The motion carried unanimously.

RECESS AND RECONVENE

The City Council recessed at 9:35 p.m.  The meeting reconvened at 9:50 p.m. with all Councilmembers in attendance.

The regular order of the agenda was resumed at this juncture.

PENDING LEGAL MATTERS

Resolution for consideration

Consideration of retired City employees' medical cost analysis and funding recommendations.

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS APPROVING THE ELECTION TO PREFUND RETIREE HEALTH BENEFITS THROUGH A CALPERS IRREVOCABLE TRUST AND AUTHORIZING ENTERING INTO SUCH AN AGREEMENT WITH CALPERS.

MOTION:  It was moved by Councilman Barrows and seconded by Councilman Crawley to waive reading of and adopt Resolution No. 2007-22 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS APPROVING THE ELECTION TO PREFUND RETIREE HEALTH BENEFITS THROUGH A CALPERS IRREVOCABLE TRUST AND AUTHORIZING ENTERING INTO SUCH AN AGREEMENT WITH CALPERS.  The motion carried unanimously.

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

1.         Receive and file the Other Post-Employment Benefits (OPEB) actuarial valuation and certification contained in the staff report dated November 19, 2007;

2.         Approve the transfer, which is irrevocable, of the 2007/2008 balance of the Post-Retirement Internal Service Fund of approximately $14 million to the Annuitants' Health Care Coverage Fund established for annuitants; and

3.         Approve and fund up to 100% of the annual required contribution (ARC) as determined in the actuarial report contained in the staff report dated November 19, 2007 and as adjusted in bi-annual actuarial reports.

The motion carried unanimously.

MOTION:  It was moved by Councilman Barrows and seconded by Mayor Lee to direct staff to report back on a future agenda regarding the drafting of language for legislation permitting CalPers investment activities on behalf of cities.  The motion carried unanimously.

PUBLIC WORKS ACTIVITIES

Consideration and award of a professional services contract to Civiltec Engineering, Inc. for the design of a chlorine storage facility at the C-2 Water Well located at the Cerritos Corporate Yard, 16540 Marquardt Avenue (APN 7003-002-900), Project No. 17004.

MOTION:  It was moved by Councilman Barrows and seconded by Councilman Cho to award a professional services contract to Civiltec Engineering, Inc. for the design of a chlorine storage facility at the C-2 Water Well, Project No. 17004, located at the Cerritos Corporate Yard, in an amount not the exceed $94,305.  The motion carried unanimously.

Consideration of use of speaker's cards at City Council meetings.

Chris Tierheimer, Cerritos resident, discussed a suggested speaker's card process.

MOTION:  It was moved by Councilman Crawley and seconded by Councilman Barrows to direct that speaker's cards be utilized at City Council meetings, with modifications to standard agenda language as appropriate.  The motion carried unanimously.

Review and consideration of hourly fee rental policy for athletic field usage.

MOTION:  It was moved by Mayor Pro Tem Edwards and seconded by Councilman Crawley to receive and file the staff report dated November 19, 2007 regarding the hourly fee rental policy for athletic field usage.  The motion carried unanimously.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS

Councilman Cho reported on his attendance at the National League of Cities conference in New Orleans and commented on the importance of emergency preparedness.

Mayo Pro Tem Edwards commented on the Veteran's Day ceremony at which the City's adopted United States Marine Corps 1st Combat Engineer Battalion was introduced and reported on his attendance at the National League of Cities conference in New Orleans.

Councilman Crawley reported on his attendance at the National League of Cities conference in New Orleans.

Councilman Barrows reported on his attendance at the National League of Cities conference in New Orleans and discussed sessions he attended, which including the use of surveillance cameras and techniques in fighting crime.

CONSENSUS:  Following a request by Councilman Barrows, the City Council directed staff to report back on the possibility of a parks volunteers on patrol.

CONSENSUS:  Following a request by Councilman Barrows, the City Council directed staff to refer participation in the National League of Cities Playful Cities USA recognition program to the Parks and Recreation Commission and report back to the City Council in February 2008.

Mayor Lee reported on her attendance at the National League of Cities conference in New Orleans and also commented on use of surveillance cameras in law enforcement applications.  She addressed the Veteran's Day event, the holiday tree lighting ceremony, and requested and received confirmation from staff that residents can request traps to capture stray cats from Long Beach Animal Control with a deposit fee of $90. She wished all residents a Happy Thanksgiving.

ADJOURNMENT

There being no further business to come before the City Council, the meeting adjourned at 10:30 p.m.

/s/ Josephine Triggs       
Josephine Triggs, City Clerk

ATTEST:

/s/ Laura Lee      
Laura Lee, Mayor

Approved:  December 13, 2007

 

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