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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD JANUARY 10, 2008

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

Boy Scout Troop 394 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:  American Red Cross Blood Services representative Guinevere Endter proclaiming the month of January 2008 as National Blood Donor Month; Andrew Fernandes for his golfing achievements in the 7- to 8-year old category; Richard Chi Luu and Byas Ramanan for earning the rank of Eagle Scout; and Tournament of Roses Parade Out Walkers.

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

Consideration of appointment to the Parks and Recreation Commission

MOTION:  It was moved by Mayor Pro Tem Edwards and seconded by Councilman Crawley to appoint Jack Reidy to the Parks and Recreation Commission to fill the unexpired term of Maynard Law, which expires on March 31, 2009.  The motion carried unanimously.

Mr. Reidy then took the oath of allegiance.

Consideration of appointment to the Greater Los Angeles County Vector Control District

MOTION:  It was moved by Mayor Pro Tem Edwards and seconded by Councilman Cho to appoint Nikki Noushkam to a four-year term expiring January 2012 on the Board of Trustees of the Greater Los Angeles County Vector Control District.  The motion carried unanimously.

PUBLIC COMMENTS AND SUGGESTIONS

Merri Wheaton, Cerritos resident, offered a prayer.

Chris Fuentes, Cerritos resident and Fine Arts and Historical Commissioner, noted that funeral services for Cerritos resident Loretta Romash would be held on Saturday, January 12, 2008 at 11:00 a.m. at St. Cyprian Church in Long Beach.  Mr. Fuentes commented on the passing of former Cerritos resident Jack Gonsalves, commented on the historical reference of the Gonsalves family, and asked that the meeting be adjourned in his memory.  He thanked Congresswoman Linda Sanchez for meeting with the Council on Tuesday, January 8, 2008 at City Hall.

CONSENT CALENDAR ITEMS

Approval of Register of Demands

MOTION:  It was moved by Mayor Pro Tem Edwards and seconded by Councilman Cho to approve the Register of Demands dated January 10, 2008, Checks 96058 through 96589 in the total amount of $17,323,281.42.  The motion carried unanimously.

Approval of Treasurer's Report for the period ending November 30, 2007

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

Approval of Minutes

MOTION:  It was moved by Mayor Pro Tem Edwards and seconded by Councilman Cho to approve the minutes of the December 13, 2007 Regular City Council Meeting.  The motion carried unanimously.

PUBLIC HEARINGS

Consideration to waive reading of and introduce An ORDINANCE OF THE CITY OF CERRITOS AMENDING THE CERRITOS DEVELOPMENT MAP BY CHANGING THE ZONE CLASSIFICATION OF APPROXIMATELY ±0.13 ACRE OF LAND generally LOCATED ON THE southWEST corner of CABRILLO LANE and eberle street (APN 7055-024-900), FROM neighborhood commercial (cn) to OPEN SPACE (OS).

Negative Declaration

Development Map Amendment 2007-2

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

Advance Planning/Redevelopment Manager Lopez reviewed the staff report dated January 10, 2008. 

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

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

A.        Certify and approve the Negative Declaration for Development Map Amendment 2007-2, which was completed in accordance with the California Environmental Quality Act (CEQA); and

B.         Direct staff to file a Notice of Determination in accordance with Section 3.5 of the Environmental Impact Report Guidelines of the City of Cerritos.

The motion carried unanimously.

MOTION:  It was moved by Councilman Cho and seconded by Councilman Crawley to waive reading of and introduce Ordinance No. 930 entitled AN ORDINANCE OF THE CITY OF CERRITOS AMENDING THE CERRITOS DEVELOPMENT MAP BY CHANGING THE ZONE CLASSIFICATION OF APPROXIMATELY +0.13 ACRE OF LAND GENERALLY LOCATED ON THE SOUTHWEST CORNER OF CABRILLO LANE AND EBERLE STREET (APN 7055-024-900), FROM NEIGHBORHOOD COMMERCIAL (CN) TO OPEN SPACE (OS).

The motion carried by the following vote:

AYES:             Barrows, Cho, Crawley, Edwards, Lee

NOES:             None

ABSENT:        None

ABSTAIN:       None

It was noted the following public hearing items would be considered concurrently.

Consideration to waive reading of and introduce AN ORDINANCE OF THE CITY OF CERRITOS AMENDING THE CERRITOS DEVELOPMENT MAP BY CHANGING THE ZONE CLASSIFICATION OF APPROXIMATELY ±1.23 ACRES OF LAND, LOCATED ON THE NORTHWEST CORNER OF VALLEY VIEW AVENUE AND 183RD STREET (APN 7022-014-020), FROM INDUSTRIAL (M) TO INDUSTRIAL COMMERCIAL ONE (MC-1).

Negative Declaration*

Development Map Amendment 2007-3

*One Negative Declaration has been prepared for Conditional Use Permit 2007-6 and Development Map Amendment 2007-3.

A request by Andreas M. Londos, 4515 Hazelbrook Avenue, Long Beach, California, 90808, on behalf of the property owners, Michael Londos and Barbara Londos, to allow medical office uses at 18115 Valley View Avenue.  The property is located in the MC-1, Industrial Commercial One Zone

(APN 7022-014-020).

Negative Declaration*

Conditional Use Permit 2007-6

*One Negative Declaration was prepared for Conditional Use Permit 2007-6 and Development Map Amendment 2007-3.

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

Advance Planning/Redevelopment Manager Lopez reviewed the staff report dated January 10, 2008.  In response to inquiry of the Council with regard to standard condition No. 3, Hours of Site Development Operations, of Agenda Item 11C, Mr. Lopez indicated that the condition could be deleted, since there are no residential uses nearby.

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

Negative Declaration

Development Map Amendment 2007-3

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

A.        Certify and approve the Negative Declaration for Development Map Amendment 2007-3, which was completed in accordance with the California Environmental Quality Act (CEQA); and

B.         Direct staff to file a Notice of Determination in accordance with Section 3.5 of the Environmental Impact Report Guidelines of the City of Cerritos;

as recommended in the staff report dated January 10, 2008.   The motion carried unanimously.

AN ORDINANCE OF THE CITY OF CERRITOS AMENDING THE CERRITOS DEVELOPMENT MAP BY CHANGING THE ZONE CLASSIFICATION OF APPROXIMATELY ±1.23 ACRES OF LAND, LOCATED ON THE NORTHWEST CORNER OF VALLEY VIEW AVENUE AND 183RD STREET (APN 7022-014-020), FROM INDUSTRIAL (M) TO INDUSTRIAL COMMERCIAL ONE (MC-1).

MOTION:  It was moved by Councilman Barrows and seconded by Mayor Pro Tem Edwards to waive reading of and introduce Ordinance No. 931 entitled AN ORDINANCE OF THE CITY OF CERRITOS AMENDING THE CERRITOS DEVELOPMENT MAP BY CHANGING THE ZONE CLASSIFICATION OF APPROXIMATELY ±1.23 ACRES OF LAND, LOCATED ON THE NORTHWEST CORNER OF VALLEY VIEW AVENUE AND 183RD STREET (APN 7022-014-020), FROM INDUSTRIAL (M) TO INDUSTRIAL COMMERCIAL ONE (MC-1).  The motion carried by the following vote:

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

NOES:          Councilmembers        -     None

ABSENT:     Councilmembers        -     None

ABSTAIN:    Councilmembers        -     None

Conditional Use Permit 2007-6

MOTION:  It was moved by Councilman Barrows and seconded by Mayor Pro Tem Edwards that the City Council approve Conditional Use Permit 2007-6, making the findings set forth in Cerritos Planning Commission Resolution No. PC 2007-52 and as recommended in the staff report dated January 10, 2008, with the deletion of standard condition No. 3.   The motion carried unanimously.

PENDING LEGAL MATTERS

Ordinance for consideration

Consideration to waive reading of and introduce AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 9.49 OF TITLE 9 OF THE CERRITOS MUNICIPAL CODE TO PROHIBIT SMOKING AT CERRITOS IRON-WOOD NINE GOLF COURSE.

MOTION:  It was moved by Mayor Pro Tem Edwards and seconded by Councilman Cho to waive reading of and introduce Ordinance No. 932 entitled AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 9.49 OF TITLE 9 OF THE CERRITOS MUNICIPAL CODE TO PROHIBIT SMOKING AT CERRITOS IRON-WOOD NINE GOLF COURSE.  The motion carried by the following vote:

AYES:          Councilmembers        -     Barrows, Cho, Edwards, Lee

NOES:          Councilmembers        -     Crawley

ABSENT:     Councilmembers        -     None

ABSTAIN:    Councilmembers        -     None

NEW AND OLD BUSINESS

Consideration of potential state legislation authorizing CalPERS to invest idle funds on behalf of municipal governments.

MOTION:  It was moved by Councilman Barrows and seconded by Councilman Crawley to direct staff to prepare legislation relative to authorization of CalPERS to invest idle funds on behalf of municipal governments.  The motion carried unanimously.

Consideration of tobacco retail licensing proposal.

Community and Safety Services Director Berg provided an overview of the staff report dated January 10, 2008, noting that the Community Safety Committee has recommended that an ordinance regulating tobacco retail licensing not be adopted on an 8 to 1 vote, and to instead continue Sheriff's Department undercover sting operations.  In response to Council inquiries, Mr. Berg noted that selling tobacco to a minor would result in a citation against the clerk, not the store; that tobacco retail licensing would have an impact on the ability of minors to buy cigarettes; such a program would require a reallocation and balancing of law enforcement resources; undercover sting operations would likely be undertaken about two times a year regardless of whether or not a licensing program is adopted; and the Council would determine the grounds for revoking a tobacco sales license.

Chris Fuentes, Cerritos resident and Fine Arts and Historical Commissioner, opposed a tobacco retail licensing program, noting that it is foolish and there are already state laws governing this matter; expressed alarm and asked that the use of minors in the sting operations be discontinued; and indicated that people are aware of the dangers of smoking and the City should not become the cigarette police.

Statice Wilmore, City of Pasadena Public Health Department Tobacco Control Program, discussed the effectiveness of tobacco retailing licensing programs; suggested the owner be responsible for preventing the sale of tobacco products to minors, not the clerks; and commented on the Stop Tobacco Access to Kids Enforcement Act.

Alon Barlevy, Cerritos resident and Parks and Recreation Commissioner, indicated that at the time the Community Safety Committee considered this matter he was on that committee and was the one vote in favor of a tobacco retail licensing program.  He indicated that sting operations using minors is legal; that when clerks are held responsible, store owners do not suffer the consequences; a tobacco retail licensing program should not be viewed as the price of doing business; the program should be self-funding; there should be zero percent of all retailers selling tobacco products to minors; the City should join the other 37 cities and counties throughout the state who are successfully implementing such programs; and the program would be for the children who are subject to peer pressure and would ensure that retailers follow the law and do not exploit children by selling them tobacco products that would make them addicted for life.

Anne Lee, Cerritos resident, read a letter from Edward Lee in favor of tobacco retail licensing and outlining the results of a survey/sting operation he conducted, which concluded that nine of 27 stores in Cerritos sold tobacco to minors, four of which were within 1,000 feet of a school, and a high percentage of youth purchase and use tobacco products.  She added that tobacco products are easy to buy, that telling minors not to smoke is not working, and tobacco retailing licensing is the only way to address the issue.

Susan Park, Cerritos resident, spoke in support of tobacco retail licensing, noting that existing laws are ineffective; commented on several examples of the use of tobacco products by minors; and indicated that tobacco is a gateway drug to the use of other more harmful substances.

Alisha Lopez, North Hollywood resident and Chair of The Coalition for Tobacco-Free Los Angeles County, expressed support for tobacco retail licensing policies, noting that tobacco sales to minors is a public health issue.  She indicated that ten southern California cities have tobacco retail licensing policies, asserting that the fees charged for the program are not excessive, retailers make-up the money for fees paid in one business day, and the fees set by the City should be sufficient to enforce the program. 

A general discussion ensued regarding setting of fees by the City; likely use of Sheriff's personnel for enforcement and City staff for licensing and collection if such a program were adopted; and clarification that federal block grant monies received by the State are not passed on to local governments for licensing programs.

Steven Gallegos, American Lung Association of California, spoke in favor of tobacco retail licensing and commented on the benefits of such policies on children.

At the request of the Council, Community and Safety Services Director Berg indicated that the violation would be committed by the clerk, with no sanctions to the store owner, and that in order for a violation to occur minors are used in an undercover capacity, with a waiver from their parents.

Discussion followed regarding concern about authorizing a retail licensing program before the fee or cost of the program is known.  City Manager Gallucci pointed out during the discussion that if the proposal is approved this evening, the Council would be authorizing staff to proceed with drafting an ordinance for tobacco retail licensing; and the maximum license fee would be based on the cost of program enforcement, however, the City Council has the discretion to set an amount below that level and it is not likely that a high-end fee would be recommended.  An estimated program cost of $10,000 to $20,000 was also discussed as well as the possibility of forming a joint powers authority to address the matter from a more regional approach, since it would be unlikely that the 27 affected businesses could sustain such a program and the problem crosses jurisdictional boundaries.

The potential health effects of smoking on minors as well as difficulty in breaking the smoking habit were also addressed and role of parents in preventing smoking by minors was discussed.  In response to inquiry, City Manager Gallucci indicated that implementation of the program would be undertaken by existing staff initially and if additional staff were needed, the matter would come back to the City Council for consideration.  He added that enforcement involving Sheriff's deputies would require shifting law enforcement resources in the field to accommodate the program.  It was also noted that the cost of monitoring the program has yet to be determined and that there are statutes related to citing minors who are in possession of cigarettes.

During ensuing discussion a question was raised as to the availability of reliable data that would substantiate the percentage of minors in Cerritos that smoke and it was determined that the question could not be answered at this meeting, other than the empirical data that had been provided through testimony provided.  The possibility of adopting the ordinance on a trial basis was also addressed in addition to the purpose of the program to prevent smoking by minors.  In response to Council inquiry, Community and Safety Services Berg indicated that the businesses affected by the program were not notified of consideration of this matter by the City Council.

MOTION:  It was then moved by Councilman Cho and seconded by Mayor Pro Tem Edwards to adopt a tobacco retail licensing system on a trial basis for one year and direct staff to draft an ordinance and report to the Council.  The motion carried, with Councilmembers Barrows and Crawley dissenting.

Review and consideration of artwork to be located on the northwest corner of Carmenita Road and 166th Street (16543 Carmenita Road) for Newport Surgical development on behalf of KJJK Properties, LLC, in accordance with Chapter 22.94 of the Cerritos Municipal Code as it relates to the Art in Public Places Program (APN 7005-006-013).

Assistant City Manager Matsumoto reviewed the staff report dated January 10, 2008 and the proposed artwork.  She noted the Fine Arts and Historical Commission recommended denying the request of the artwork proposed by Newport Surgical Development based on their findings that the artwork is not attractive or interesting; the pedestal and artwork are not in proportion and are out of scale with the size of the building; and the artwork should be warmer and reflect more human or organic qualities.  Ms. Matsumoto noted that the property owner is appealing the recommendation of the Commission and should the Council uphold that recommendation, the applicant would be required to contribute to the arts trust fund or provide an alterative art piece.

John Kim, MD, La Habra resident and managing member for KJJK Properties, LLC, commented on his efforts to develop the property; the background of the artist; and the compatibility of the art piece in both proportion and placement, noting that the proposed artwork is similar in proportion to other artwork in the City, and that art is subjective.  He indicated he was unable to attend the Fine Arts and Historical Commission meeting at which the artwork was considered and was unaware that there may have been a problem with the piece, noting that the increased cost of securing another piece would affect the project.  Dr. Kim asked that the Commission's recommendation be reconsidered.

George Ray, Cerritos resident and Fine Arts and Historical Commissioner, indicated his support of the piece, which was denied on a 3-2 vote by the Commission; and expressed that the piece was appropriate in scale for the site and as an entrance to the industrial park.  He encouraged support of the property owner.

Chris Fuentes, Cerritos resident and Fine Arts and Historical Commissioner, indicated he was speaking from his personal viewpoint.  He indicated that art pieces should meet community sensibilities, which he indicated a majority of the Commission determined the proposed art piece did not.  Mr. Fuentes noted that Dr. Kim is not a resident of the City; expressed that requiring another piece would not set anybody back; and suggested a system that would require applicants to present a favored piece and two options.  He commented further that although the property is owned by the developer, the piece is public artwork that the residents must live with, and he addressed the efforts of the Commission to protect the aesthetics of the community as well as recommend art work that is enjoyed by the public.  Mr. Fuentes asked that the Council support the majority of the Commission and uphold its decision.

It was noted during ensuing discussion that the property owner pays for the piece; opinions regarding acceptability or offensiveness of art work is subjective; the commission has reviewed the request, its recommendation should be upheld, and the applicant should bring back alternatives; the applicant followed the guidelines; and the selection process may be flawed.

MOTION:  Following discussion, it was moved by Mayor Pro Tem Edwards and seconded by Councilman Barrows to accept the art piece submitted by Newport Surgical Development on behalf of KJJK Properties, LLC titled "Contained Energy" by artist Jon Seeman to be placed at 16543 Carmenita Road.  The motion carried with Councilmembers Cho and Crawley dissenting.

CONSENSUS:  Staff was directed to report back to the City Council on the art selection process as provided by the current Art in Public Places Program.

Review and consideration of the recommendation of the Fine Arts and Historical Commission for an original site-specific art piece for the Cerritos Sculpture Garden generally located on the northwest corner of Bloomfield Avenue and 183rd Street, west of the Sheriff's Station (APN 7025-028-904) received in response to the request for proposal.

The staff report dated January 10, 2008 was reviewed by Assistant City Manager Matsumoto and she presented the recommendation of the Fine Arts and Historical Commission to approve the proposed artwork for purchase and installation in the Cerritos Sculpture Garden; appropriate the amount of $75,000 from the Art in Public Places trust fund to purchase the artwork; and authorize staff to execute the necessary agreements to proceed with the commission of the piece.

In response to Council inquiry, it was pointed out that the green patina is achieved through a paint process and she commented briefly on the artist's interpretation of the work titled "Mirage."

Christ Fuentes, Cerritos resident and Fine Arts and Historical Commissioner, provided the Council with photographs/renderings of some of the artwork that was considered by the Commission for this project.  He indicated that the Commission decided and authorized a first-time open call for artwork for the Sculpture Garden because artwork started to look alike and the Commission wanted to promote Cerritos as a City of the arts, possibly conducting an open call on a yearly basis.  He addressed the selection process, indicating that the Nano Lopez piece initially received 4 votes, but was disqualified based upon the fact that the piece was already created and not created for the contest, and stated further that the process was somehow tainted, noting that Mr. Schaal's piece was selected after the break, with only two Commissioners placing the piece in their top ten initially.  Mr. Fuentes asked that the City Council either adopt the Nano Lopez piece, which he asserted was the original winner, or send the matter back to the Commission for further consideration.  He added that the Commission was unaware that Mr. Schaal's piece was created before the deadline, was already up for sale, and was not created just for Cerritos, which he claimed would be a legal liability if an award was made to an artist that didn't meet the same standards.

Janet Beach, Cerritos resident and Fine Arts and Historical Commission Chair, indicated that the selection process for the art piece selection was fair and equitable, noting that submittals that three of the Commissioners had on their lists of top contenders were considered first and when that process did not yield a sculpture that met with the approval of a majority of the commissioner, pieces that at least two of the Commissioners preferred were considered.  Ms. Beach observed that when it was apparent a unanimous decision could not be reached on any of the pieces, as the Chair, she inquired if the Commission would prefer to have additional time to review the pieces prior to making a decision, perhaps even another study session, and the response from the Commission was a selection could be made that evening.  She indicated that after further discussion, the Commission voted 3-2 in favor of noted Loveland, Colorado artist Ted Schaal's bronze sculpture "Mirage," which she expressed would enhance the Sculpture Garden and is site specific since Mr. Schaal provided a sketch showing a possible location of the art piece in the Sculpture Garden, and that a model of the piece, not a full-sized sculpture had been created.  She hoped that the City Council would agree with the Commission majority to approve the Ted Schaal sculpture.

George Ray, Cerritos resident and Fine Arts and Historical Commissioner, expressed that the comment that the process was tainted is not appropriate, noting that the process was fair and that Commissioners changed their minds after discussion and should not make-up their minds until after the discussion is over, which is what happened in this case.  He added that he would have liked to have seen bigger pieces, but the budget was $75,000.  Mr. Ray indicated that the if anything was wrong with the process it was that this open call was not City Council directed and was a Commission project being brought before the Council tonight asking for funding, which he indicated was backward.  He noted the Commission might want to improve the process that was used for this open call by recommending projects and funding amounts to the City Council prior to proceeding and without spending a lot of staff time, which he asserted the open call did.  He indicated that a different process may have resulted in a larger budget for a bigger, more beautiful piece of art.

Chris Fuentes, Cerritos resident and Fine Arts and Historical Commissioner, indicated that he has discussed the possible problem, which could be legal, of choosing an art piece by an artist who could have been disqualified had it been known that the piece was previously produced with the City Manager who indicated to him that if a Commissioner who voted yes on the piece would like to reconsider the matter, it could be brought back to the Commission.  Mr. Fuentes stated that he was told by a Commissioner who voted yes on the piece that she would like to have the matter sent back to the Commission for reconsideration, which he indicated is another reason it should go back to the Commission because it was not a unanimous decision.

At the request of the City Council the City Attorney was asked to comment on testimony regarding legal issues associated with the selection of the sculpture.  City Attorney Steres observed that the City Council has very broad discretion in making a determination of which sculpture it commissions or purchases for the Sculpture Garden.  He indicated that the information received by the Council, including testimony this evening, can be used in making a determination for the proposed sculpture or other sculpture or refer it back to the Fine Arts and Historical Commission.  Mr. Steres concluded that whatever decision the Council makes this evening, there is not a legal issue involved.

It was asserted during ensuing discussion that the open call is not an art competition that would require purchasing the first place art work, and the possibility of referring the matter back to the Fine Arts and Historical Commission to ensure that the art work recommended for placement in the Cerritos Sculpture Garden is of a higher standard than public art installed elsewhere because of the permanent nature of the collection.  It was noted that typically art pieces are protected by the Visual Artists Rights Act from being moved or altered unless agreed to by the artist.  There was a question posed during the discussion as to who authorized the open call and the budget for the art piece, and the possibility of allocating more funding for a more substantial piece that would fit the scale of the Sculpture Garden was addressed.  It was noted further that the original vision of the piece was 15 feet wide instead of the 12 feet that was submitted, and a clarification was made by staff that the $75,000 was for the art piece and the installation.  It was suggested that the decision is not urgent and should be carefully considered to ensure that the art piece selected would be compatible with the Sculpture Garden.

MOTION FAILS:  It was then moved by Councilman Cho and seconded by Councilman Crawley to refer back to the Fine Arts and Historical Commission the matter of the art piece for the Cerritos Sculpture Garden.  The motion failed with Councilman Barrows, Mayor Pro Tem Edwards and Mayor Lee dissenting.

MOTION:  It was moved by Councilman Barrows and seconded by Mayor Pro Tem Edwards to approve and commission the "Mirage" art piece by Ted Schaal for placement in the Cerritos Sculpture Garden as recommended in the staff report dated January 10, 2008; and authorize an increase in the budget for said art piece up to an additional $25,000, directing staff to contact the artist to discuss the possible increase in the scale of this piece, and if it is decided at the staff level, with the artist's input, that an increase is appropriate, staff is authorized to spend up to an additional $25,000 to commission this piece.  The motion carried, with Councilman Cho dissenting.

REPORT ON PENDING LEGISLATION

City Manager Gallucci reported that the Council would be in Sacramento on January 14 and 15 to address bills related to the City and reported on the status of the filing of the validation lawsuit for the affordable senior housing project.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS

Councilman Barrows indicated he would be attending the League of California Cities Transportation Policy Committee meeting in Sacramento January 15 through January 18.

MOTION:  It was moved by Councilman Crawley and seconded by Councilman Cho to place on the next City Council agenda the matter of the six percent surcharge on residential waste management services for block wall replacement.  The motion carried unanimously.

Councilman Cho wished everyone a happy new year and commented briefly on his tenure on the Council.

Mayor Pro Tem Edwards wished everyone a prosperous new year and commended residents and staff for their work on the Cerritos Rose Parade Float, which won the most beautiful entry by a non-commercial sponsor.

Councilwoman Lee wished everyone a happy, healthy new year; thanked volunteers and staff for their efforts on the Cerritos Rose Parade Float and thanked former and current Fine Arts and Historical Commissioners for choosing the float design.

CONSENSUS:  At the suggestion of Mayor Lee, the City Council directed staff to place on a future agenda the matter of the Mayor's spouse riding with the Mayor on future Rose Parade Floats.

In response to inquiry of Mayor Lee regarding residents' mail being stolen, Mr. Gallucci indicated that staff is in the process of preparing information to be presented to the City Council at a future Council meeting.

ADJOURNMENT

There being no further business to come before the City Council, the meeting was adjourned at 10:10 p.m. in memory of former Cerritos resident and former Planning Commissioner Jack Gonsalves.
 

/s/ Josephine Triggs       
Josephine Triggs, City Clerk

ATTEST:

/s/ Laura Lee      
Laura Lee, Mayor

Approved:  January 28, 2008

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