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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 13, 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

Senior Pastor Chang Soo Kim of Pilgrim Evangelical Church of Anaheim 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

Proclamations were presented to Cerritos Synchronettes 16 and 17-year old age group for their medal finishes in a number of competitions; and to Marilynn and Art Segal on the occasion of their 50th wedding anniversary.

PUBLIC COMMENTS AND SUGGESTIONS

Merri Wheaton, Cerritos resident, offered a prayer.

Chris Fuentes, Cerritos resident, commented on the contributions to the community of Cerritos resident Loretta Romash, who recently passed away; and suggested the formation of the Senior Citizens Commission.

CONSENT CALENDAR ITEMS

Approval of Register of Demands

MOTION:  It was moved by Councilman Crawley and seconded by Mayor Pro Tem Edwards to approve the Register of Demands dated December 13, 2007, Checks 95578 through 96057 in the total amount of $13,953,990.71.  The motion carried unanimously.

CONSENT CALENDAR ITEMS

Approval of Treasurer's Report for the period ending October 31, 2007

MOTION:  It was moved by Councilman Crawley and seconded by Mayor Pro Tem Edwards to approve the Treasurer’s Report for the period ending October 31, 2007.  The motion carried unanimously.

Approval of Minutes

MOTION:  It was moved by Councilman Crawley and seconded by Mayor Pro Tem Edwards to approve the minutes of the November 19, 2007 Special City Council Meeting.  The motion carried unanimously.

Miscellaneous

Consideration and award of Bid No. 1063-08, purchase of one new one-ton pickup truck.

MOTION:  It was moved by Councilman Crawley and seconded by Mayor Pro Tem Edwards to award Bid No. 1063-08 for the purchase of one new one-ton pickup truck to Villa Ford in the amount of $30,898.70.  The motion carried unanimously.

Consideration of the City of Cerritos' Annual Financial Report for Fiscal Year 2006-2007.

MOTION:  It was moved by Councilman Crawley and seconded by Mayor Pro Tem Edwards to receive and file the Fiscal Year 2006-2007 City of Cerritos Financial Report.  The motion carried unanimously.

Consideration of the annual report of the Cerritos Redevelopment Agency for Fiscal Year 2006-2007.

MOTION:  It was moved by Councilman Crawley and seconded by Mayor Pro Tem Edwards to receive and file the annual report of the Cerritos Redevelopment Agency for Fiscal Year 2006-2007; and direct staff to transmit a copy of the December 13, 2007 staff report entitled Consideration of the annual report of the Cerritos Redevelopment Agency for Fiscal Year 2006-2007, and the Cerritos Redevelopment Agency Annual Financial Report for Fiscal Year 2006-2007, as required, to the State of California Department of Housing and Community Development.  The motion carried unanimously.

With concurrence of the Council, the following items were taken out of order.

NEW AND OLD BUSINESS

Consideration of a third amendment to the lease agreement between the Cerritos Redevelopment Agency and B & B Stables for the use of the five-acre Agency-owned parcel which includes construction of a covering, arena and stables in conjunction with the Ride Your Horse! therapeutic riding program located east of the San Gabriel River Channel, west of Dumont Avenue between 183rd Street and Artesia Boulevard (APN 7034-018-901 and APN 7049-022-042).

Recreation Superintendent Titus reviewed the staff report dated December 13, 2007.

Mary Buell, B & B Stables, requested that the funding from the City be released as soon as possible to meet any customary bank holds and still allow the building construction to proceed on schedule.  She also asked for clarification that donations to the program are not subject to oversight by the City.

City Manager Gallucci indicated that allocation of the funds could be approved, with distribution based on a review of the building activity expenditures, and that the City is not involved with donations to the program.

Chris Tierheimer, Cerritos resident, suggested that in the future the benefits of a program be considered rather than the fiscal bottom line.

It was noted that at the last meeting the City Council authorized an amount of $44,500 for the construction of the covered arena, not the $45,000 outlined in the staff report, and the City Attorney indicated that the City Council has the option of authorizing either amount at this point.

MOTION:  It was moved by Councilman Barrows and seconded by Councilman Crawley to approve the third amendment to the lease agreement between the Cerritos Redevelopment Agency and B & B Stables for the use of the five-acre Agency-owned parcel which includes construction of a covering, arena and stables in conjunction with the Ride Your Horse! therapeutic riding program located east of the San Gabriel River Channel, west of Dumont Avenue between 183rd Street and Artesia Boulevard, with a commencement date of January 1, 2008 and a termination date of December 31, 2012; and authorize the City Manager/Executive Director to execute said lease agreement, as recommended in the staff report dated December 13, 2007.  The motion carried unanimously.

Consideration of naming of holiday/seasonal events.

Community and Safety Services Director Berg provided an overview of the staff report dated December 13, 2007, noting a correction to the report that from 1983 through 1991 there was an event called the Children's Easter Egg Festival.

Chris Fuentes, Cerritos resident, referenced the meeting invocation restrictions and spoke in favor calling events/holidays what they are.

Elizabeth Cantey, Cerritos resident, supported changing the names of events to the Christmas Tree Lighting Ceremony and the Easter Egg Festival.

Gail Grossman, Cerritos resident, objected to the use of Christmas tree and Easter egg, which she asserted is offensive to many people, noting that Cerritos is a City of diversity, and expressed a preference for the use of the word holiday.

City Attorney Steres noted that the invocation was modified pursuant to a specific ruling made by the California courts as a result of the City of Burbank being sued.

It was pointed out during ensuing discussion that the Spring Community Festival is a separate event from the Spring Egg Festival.

MOTION:  It was moved by Mayor Pro Tem Edwards and seconded by Councilman Barrows to direct staff to rename the City's Holiday Tree Lighting Ceremony to the Christmas Tree Lighting Ceremony.  The motion carried unanimously

MOTION:  It was moved by Mayor Pro Tem Edwards and seconded by Councilman Barrows to direct staff to rename the City's egg hunt activity to the Easter Egg Hunt.  The motion carried unanimously

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

PUBLIC HEARINGS

Consideration to waive reading of and adopt A joint resolution of the Cerritos City Council, Cerritos REDEVELOPMENT Agency, and cuesta villas housing corporation AMENDING THE previous AUTHORIZATION TO EXECUTE AN AFFORDABLE HOUSING, FINANCING, AND DISPOSITION AND DEVELOPMENT AGREEMENT 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, AND MAKING FINDINGS PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 33431, 33433, 33445, AND 33679 REGARDING THE CONVEYANCE OF INTEREST IN AND/OR PURCHASE OF SAID PROPERTIES.

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

Advance Planning/Redevelopment Manager Lopez provided a review of the

December 13, 2007 staff report, noting that the item is a follow-up to the Cuesta Villas Senior Housing proposal approved at the November 8, 2007 meeting and that consideration of a change only to the proposed preference system for prospective residents of the senior housing development is being presented this evening.

In response to inquiry regarding suggested changes to the agreement to more specifically define current affordable rents and to fix the 2026 loan guarantee date in the event the life of the Redevelopment Agency is extended, Bill Ihrke, Rutan and Tucker, legal consultants, responded that changes could be made this evening for consideration by the School District in January 2008, and that delay of the validation legal action would depend on the School District's response to those changes.

City Attorney Steres noted that only the preferences were presented for consideration this evening, and cautioned that additional changes could open the door to more changes by the School District.

Interested parties were invited to present testimony.

Gordon Quan, Cerritos resident, suggested consultation with LUI Los Angeles, a

non-profit organization that looks at land use issues for the most productive and effective way to use land.

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

At the request of the Council, the City Attorney commented further that the agreement was approved on November 8, 2007 and then forwarded to the School District who raised only the preference issue, which is being considered this evening.  He observed that if the preference issue raised by the School District is approved this evening and also approved by the School District at its January 8, 2008 meeting, then the result would be an agreement executed by all parties that will not come back, noting that any amendments to the agreement would require approval of both parties.  With regard to the proposed changes mentioned earlier, he observed that the agreement sufficiently expresses the 2026 loan guarantee date and adequately addresses the affordable rent definition, noting that the percentages change every year and any other type of change could have an enormous ripple effect.  Mr. Steres expressed concern that changes other than the preferences could lead to further changes by the School District, and he recommended that only the action on preferences be considered this evening, with no other changes at this time.

MOTION:  It was moved by Mayor Pro Tem Edwards and seconded by Councilman Cho to waive reading of and adopt Joint Resolution No. 2007-23, CRA 2007-8 and CVHC 2007-2 entitled A joint resolution of the Cerritos City Council, Cerritos REDEVELOPMENT Agency, and cuesta villas housing corporation AMENDING THE previous AUTHORIZATION TO EXECUTE AN AFFORDABLE HOUSING, FINANCING, AND DISPOSITION AND DEVELOPMENT AGREEMENT 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, AND MAKING FINDINGS PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 33431, 33433, 33445, AND 33679 REGARDING THE CONVEYANCE OF INTEREST IN AND/OR PURCHASE OF SAID PROPERTIES.  The motion carried unanimously.

PENDING LEGAL MATTERS

Resolutions for consideration

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS SETTING THE PENALTY FOR VIOLATION OF SECTION 10.12.020 OF THE CERRITOS MUNICIPAL CODE REGULATING LOADING AND UNLOADING SCHOOL CHILDREN ON ROADWAYS NEAR SCHOOLS.

MOTION:  It was moved by Mayor Pro Tem Edwards and seconded by Councilman Cho to waive reading of and adopt Resolution No. 2007-24 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS SETTING THE PENALTY FOR VIOLATION OF SECTION 10.12.020 OF THE CERRITOS MUNICIPAL CODE REGULATING LOADING AND UNLOADING SCHOOL CHILDREN ON ROADWAYS NEAR SCHOOLS.  The motion carried unanimously.

Consideration of adoption of the Fiscal Year 2007-2008 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 2007-2008.

MOTION:  It was moved by Councilman Barrows and seconded by Councilman Cho to waive reading of and adopt Resolution No. 2007-25 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS APPROVING AND ADOPTING THE ANNUAL APPROPRIATION LIMIT FOR FISCAL YEAR 2007-2008.  The motion carried unanimously.

PUBLIC WORKS ACTIVITIES

Consideration and award of an exclusive integrated solid waste management contract to CalMet Services, Inc.

Environmental Services Manager O'Grady provided an overview of the staff report dated December 13, 2007.

Staff responded to inquiries as follows:  if a misdirected post card results in the delivery of a wrong-sized cart, the cart can be exchanged at no charge to the resident; seasonal overages will be considered when determining cart overages; and the 6% gross residential franchise fee is included in the $15.32 monthly rate.

Jesus De La Rosa, Cerritos resident, expressed a preference for the current trash collection system, commented on his experience with trash haulers in other cities using a similar three-barrel system who were unresponsive to service requests, and indicated that there is limited storage space for the three barrels.

Chris Tierheimer, Cerritos resident, expressed concern for the elderly in maneuvering the carts; suggested allowing three, 32-gallon carts for each type of waste; requested consideration of plastic liners for the carts; and asked if the City would be given an opportunity to approve the type of alternative fuel used by the trash trucks.

Tim De Fiesta, Cerritos resident, spoke in support of the new system, noting that the amount of trash that is scattered will be reduced.  He requested and received clarification that the rate includes the three trash carts, with the option for one additional cart each for recyclables and green waste.

Joe Sloan, CalMet Services representative, indicated that about 90% of the post cards are not returned, however, residents are asked to keep their carts for 60 days and after that they can exchange carts within a 3-month period.  He noted there are accommodations for seasonal waste generation like green waste and the agreement addresses habitual cart overages.

Mr. Sloan commented further that the carts are maneuverable and easier to use than the traditional 32-gallon barrel, noting that CalMet will address individual problems as they occur.  He added that staff has reviewed the alternative fuel matter with CalMet.

Discussion ensued regarding the intent of the 6% residential franchise fee to help offset City personnel costs associated with trash contract administration, and as a possible component in addressing the cost of replacing/repairing walls facing arterial streets within the City.  It was also noted that the current administrative fee is approximately 3%, and the proposed collection fee is less than what other CalMet cities are charged, with the exception of two cities whose rates are subsidized.

Additional discussion was held regarding the favorable contract negotiations, the possibility of deleting the 6% residential franchise fee, and stated preferences for an open bid process for long-term contracts.

MOTION FAILS:  It was moved by Mayor Pro Tem Edwards and seconded by Councilman Crawley to award an exclusive integrated solid waste management services contract to CalMet Services, Inc., as outlined in the staff report dated December 13, 2007, with a ten-year contract term.  The motion failed, with Councilman Barrows, noting a preference to delete the residential franchise fee, Councilman Cho and Mayor Lee dissenting.

MOTION:  It was moved by Councilman Barrows and seconded by Councilman Crawley to award an exclusive integrated solid waste management services contract to CalMet Services, Inc., as outlined in the staff report dated December 13, 2007, with a ten-year contract term, and without the six percent (6%) residential franchise fee.  The motion carried, with Councilman Cho and Mayor Lee dissenting, noting that an open bid process is preferable for this type of long-term contract.

RECESS AND RECONVENE

The City Council recessed at 9:30 p.m.  The meeting reconvened at 9:40 p.m. with all Councilmembers in attendance.

Consideration of a community document shredding program.

MOTION:  It was moved by Councilman Barrows and seconded by Councilman Crawley to direct staff to coordinate community document shredding events on a Saturday in April at the Cerritos Public Library and a Saturday in October at the Liberty Park Community Center, as recommended in the staff report dated December 13, 2007; and authorize staff to schedule additional document shredding events or trucks per event if demand warrants.  The motion carried unanimously.

Consideration of an agreement for animal control services between the City of Long Beach and the City of Cerritos.

Discussion was held regarding service levels associated with picking-up stray dogs and placing requests for service.  It was noted during the discussion that animal control is typically responsive to stray dog calls, and the merits of staff contacting animal control on behalf of residents was addressed.

Samuel Fong, Cerritos resident, asked for help with eliminating the stray cat problem in his neighborhood.  He indicated that it has become a burden and public health and safety issue because of the strong odor, fleas and general wild nature of the cats.  Mr. Fong added that his requests to animal control for rental cages to trap the cats went unanswered, noting that a cage that he purchased was stolen.

Cindy Chen, Cerritos resident, suggested providing animal control services in-house and concurred with the comments of Mr. Fong.

It was noted during ensuing discussion that in-house animal control services are extremely costly, which is why many cities contract for the service, and the animal license fee does not come near the cost of the service.  It was also pointed out that the local Long Beach Animal Control office is at the Carson Boulevard off-ramp at the 605 Freeway, and that community and safety services staff will assist in providing traps to those who request them as well as arrange for the trapping of raccoons, coyotes and other wild animals.

MOTION:  It was moved by Councilman Barrows and seconded by Councilman Crawley to approve the agreement for animal control services between the City of Long Beach and the City of Cerritos for the period of July 1, 2007 through June 30, 2008, and authorize the Mayor to sign all necessary documentation on behalf of the City of Cerritos, as recommended in the staff report dated December 13, 2007.  The motion carried unanimously.

Consideration of additional contribution by the Cerritos Redevelopment Agency to the Fountain Walk senior affordable housing development located on the southeast corner of Carmenita Road and 183rd Street (APN 7023-007-040) for a short-term partial subsidy of homeowners association dues.

MOTION:  It was moved by Councilman Barrows and seconded by Councilman Crawley to waive presentation of the staff report and to authorize the City Manager/Executive Director to execute a letter of agreement between the Cerritos Redevelopment Agency and the Cerritos Fountain Walk Corporation for a one time, lump sum payment of $93,120 from the Agency's low-mod housing set-aside fund to subsidize the monthly homeowner's association dues for five (5) years for the sixteen (16) low- and moderate-income units at Fountain Walk.  The motion carried, with Mayor Pro Tem Edwards and Mayor Lee dissenting.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS

Councilman Cho asked that the meeting be adjourned in memory of Cerritos resident Loretta Romash, who recently passed away, and wished everyone a wonderful holiday season and healthy, prosperous new year.

Mayo Pro Tem Edwards commented on the successful Children's Art Contest in the local schools and wished everyone a merry Christmas and happy new year.

Councilman Crawley wished everyone a merry Christmas and happy new year and asked that the meeting be adjourned in memory of Cerritos resident and charter member of the Cerritos Veterans of Foreign Wars Frank Garcia, who recently passed away.

Councilman Barrows wished everyone a merry Christmas and happy new year.

Mayor Lee discussed the possible use of artificial turf for the football field at Regional Park to eliminate the down-time associated with re-sodding and requested information on this subject.  The City Manager indicated that artificial turf for this purpose is extremely expensive and indicated that a related memorandum that was presented during last budget session would be forwarded to the Council.  She referenced the Cerritos on Wheels bus stops and requested information on the status of the shelters for these bus stops.  The City Manager indicated that a grant had been secured for the shelters and they are installed as the funding is received, noting that a memorandum to this effect would be forwarded to the Council.  Mayor Lee wished everyone a merry Christmas, happy holidays, and a happy, healthy and prosperous 2008.

CONSENSUS:  Mayor Lee noted the recent passing of Cerritos resident Harvey Chun, discussed his horticultural achievements and asked that a tree be planted in his memory.  The City Council concurred.

ADJOURNMENT

There being no further business to come before the City Council, the meeting was adjourned at 10:10 p.m. in memory of Cerritos residents Loretta Romash, Frank Garcia and Harvey Chun, all of whom recently passed away.

/s/ Josephine Triggs       
Josephine Triggs, City Clerk

ATTEST:

/s/ Laura Lee      
Laura Lee, Mayor

Approved:  January 10, 2008

 

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