Cerritos City Council Meeting Minutes
MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD JANUARY 28, 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
Reverend Dr. Suk-Boo Lee of Artesia/Cerritos United Methodist Church offered the invocation.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pro Tem Edwards.
ROLL CALL
The following Members of the City Council were in attendance:
Councilman Bruce W. Barrows
Councilman Joseph Cho, Ph.D.
Councilman John Crawley
Mayor Pro Tem Jim Edwards
Mayor Laura Lee
PRESENTATIONS
Proclamations were presented to the following: Lorenza and Augusto Teodoro on the occasion of their 65th wedding anniversary; to the following Festival of Friendship participants: Carmenita Friends Club, Cerritos Chinese American Senior Citizens Association, Cerritos Chinese School, Cerritos Korean-American Association, Chinese Yunchi Dance Association of America, Da' Hawaii Seniors Club, Formosa Senior Association, Happy Seniors of Cerritos, Indo-American Optimist Club, Mid Cities Korean-American Chamber of Commerce, Southern California Philippine-US Veterans Association, and to Festival of Friendship host Los Cerritos Center.
PUBLIC COMMENTS AND SUGGESTIONS
Phil Wendel, volunteer with the Long Beach Chapter of the American Red Cross, invited the community to the Heroes Breakfast on April 8, 2008 at the downtown Long Beach Hilton.
Chris Fuentes, Cerritos resident, thanked the City for helping to facilitate filming and making Cerritos a film destination.
CONSENT CALENDAR
Approval of Registers of Demands
MOTION: It was moved by Councilman Barrows and seconded by Mayor Pro Tem Edwards to approve the Register of Demands dated January 28, 2008, Checks 96590 through 97184 in the total amount of $38,944,196.15. The motion carried unanimously.
Approval of Minutes
MOTION: It was moved by Councilman Barrows and seconded by Mayor Pro Tem Edwards to approve the minutes of the Cerritos City Council and Cerritos Redevelopment Agency Joint Special Meeting of January 8, 2008, and the City Council Regular Meeting of January 10, 2008. The motion carried unanimously.
Miscellaneous
Consideration and award of Bid No. 1064-08, purchase of one new riding mower with 72-inch deck.
MOTION: It was moved by Councilman Barrows and seconded by Mayor Pro Tem Edwards to award Bid No. 1064-08 for the purchase of one new riding mower with
72-inch deck to B & M Lawn & Garden, Inc. in the amount of $25,528.67. The motion carried unanimously.
Consideration and award of Bid No. 1065-08, printing of Cerritos Center for the Performing Arts 2008-2009 Season Brochures and the 2008-2009 Single Ticket Brochures.
MOTION: It was moved by Councilman Barrows and seconded by Mayor Pro Tem Edwards to award Bid No. 1065-08 for the printing of the Cerritos Center for the Performing Arts 2008-2009 Season Brochures to Penn in the amount of $290,353.43, and the Cerritos Center for the Performing Arts 2008-2009 Single Ticket Brochures to Anderson Lithograph in the amount of $129,608.03. The motion carried unanimously.
PUBLIC HEARINGS
A request by property owner Barry J. Weiss, College Hospital, 10802 College Place, Cerritos, California, 90703, to construct a new two-story office building with a subterranean floor for storage and to increase the number of hospital beds within the existing facility from 156 to 186 beds (APN 7016-002-038 and APN 7016-002-047).
Cerritos Redevelopment Agency Conformity Report 2008-1
Negative Declaration
Conditional Use Permit 2003-4(A)(2007) Amendment
Precise Plan 2007-21
The public hearing was opened and staff was called upon for a report.
Current Planning Manager Hamilton reviewed the staff report dated January 28, 2008.
Interested parties were invited to present testimony.
Steven Witt, College Hospital Chief Executive Officer, responded to an inquiry of the Council regarding any incidents at the hospital by noting that although the hospital has thousands of admissions they are rarely heard from and keep a low profile.
No one else wished to comment and the public hearing was closed.
MOTION: It was moved by Councilman Barrows and seconded by Councilman Cho that the City Council:
A. Receive and file Cerritos Redevelopment Agency Conformity Report 2008-1;
B. Receive, file, certify and approve the Negative Declaration related to Conditional Use Permit 2003-4(A)(2007) and Precise Plan 2007-21, making the findings set forth in Cerritos Planning Commission Resolution No. PC 2008-1;
C. Approve Conditional Use Permit 2003-4(A)(2007) Amendment, making the findings outlined in Cerritos Planning Commission Resolution No. PC 2008-2; and
D. Approve Precise Plan 2007-21, making the findings set forth in Cerritos Planning Commission Resolution No. PC 2008-3;
as recommended in the staff report dated January 28, 2008. The motion carried unanimously.
Consideration to waive reading of and adopt A JOINT RESOLUTION OF THE CERRITOS CITY COUNCIL AND CERRITOS REDEVELOPMENT AGENCY MAKING FINDINGS PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 33445 AND 33679 REGARDING THE PURCHASE OF TWO PROPERTIES LOCATED AT 12880 MOORE STREET IN CERRITOS (APN 7010-016-030) AND 12881 166TH STREET IN CERRITOS (APN 7010-016-032) TO ACCOMMODATE A KITCHEN/WAREHOUSE FACILITY AND ADMINISTRATIVE OFFICES FOR THE ABC UNIFIED SCHOOL DISTRICT, AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR SAID PURCHASE.
The public hearing was opened and staff was called upon for a report.
Advance Planning Manager Lopez presented an overview of the staff report dated January 28, 2008.
Interested parties were invited to comment. There was no response and the public hearing was closed.
Mayor Lee asked City Manager Gallucci if he or any of the Councilmembers have received a commission in this transaction and he responded that there is no commission in this transaction and that the City is acquiring directly from the property owner. Mayor Lee also asked Mr. Gallucci if he or any Councilmembers have any money invested in this project and he replied that he absolutely does not and assumes the Council also does not.
MOTION: It was moved by Councilman Barrows and seconded by Councilman Crawley to waive reading of and adopt Joint Resolution No. 2008-1 and CRA 2008-1 entitled A JOINT RESOLUTION OF THE CERRITOS CITY COUNCIL AND CERRITOS REDEVELOPMENT AGENCY MAKING FINDINGS PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 33445 AND 33679 REGARDING THE PURCHASE OF TWO PROPERTIES LOCATED AT 12880 MOORE STREET IN CERRITOS (APN 7010-016-030) AND 12881 166TH STREET IN CERRITOS (APN 7010-016-032) TO ACCOMMODATE A KITCHEN/WAREHOUSE FACILITY AND ADMINISTRATIVE OFFICES FOR THE ABC UNIFIED SCHOOL DISTRICT, AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR SAID PURCHASE. 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 TITLE 5 OF THE CERRITOS MUNICIPAL CODE BY ADDING CHAPTER 5.35 TO ESTABLISH TOBACCO RETAIL LICENSING REGULATIONS.
Community and Safety Services Director Berg reviewed the staff report dated January 28, 2008 and the provisions of the proposed ordinance. In response to Council inquiry, he discussed the rationale in recommending a 3-year cycle to calculate violations and monitoring of retailers and related costs. In response to further Council inquiry, it was noted that current retail business license fees are based on square footage, and the equity of basing tobacco retail licensing fees on store size/sales volume was addressed.
Alon Barlevy, Cerritos resident, indicated the ordinance did not provide for retailers who sell tobacco products without a license or with a suspended or revoked license and lacked provision for access to tobacco products or sale of individual cigarettes. He expressed a preference for a progressive license fee.
Ken Cha, Cerritos resident, indicated that the penalties are too lenient because first offenders are given a written notice rather than a suspension, and added that the license fee is too low and would not cover administration and enforcement costs.
Catherine Gaughen, Cerritos Regional Chamber of Commerce Executive Director, opposed the proposed ordinance, stating it is redundant and not a solution, and cited existing State and Federal laws that regulate tobacco sales to minors as sufficient. She asserted that only a few merchants are not in compliance, the proposed regulations send an anti-business message, and there is no data indicating where minors in Cerritos are obtaining cigarettes. Ms. Gaughen suggested alternatives such as education programs with the ABC School District, sponsoring of merchant education programs, educational advertising, diversion programs, citizens' action committee, and an ordinance that restricts self-service displays.
Cheryl Toledo, Asian-American Drug Abuse Program Community Organizer, favored the proposed ordinance, noting that State laws are not sufficient. She suggested setting a higher fee, possibly $280, which other cities have done, to ensure a more stable funding source and more active compliance checks. In response to inquiry, Ms. Toledo indicated that she is a resident of Culver City and that her organization is a non-profit health organization working in the City of Cerritos to prevent youth access to tobacco in affiliation with the County of Los Angeles.
Paul Bellenbaum, Cerritos resident, commented on the negative health effects of smoking and indicated the age restriction for smoking should be increased to 21 years.
Chris Fuentes, Cerritos resident, noted that although there are legitimate concerns associated with youth smoking, there are individuals from outside of the City requesting adoption of this ordinance. In referring to Ms. Gaughen's comments, Mr. Fuentes added that there are other ways to channel that advocacy by doing something positive, and he expressed concern regarding the cost of the program.
Mr. Berg was requested to respond to public comments. He observed that Section 5.35.070 of the ordinance provides a penalty for retailers who sell tobacco products with a suspended license; Section 5.35.010 and 53.35.055 provide definitions and prohibition of self-service displays; and indicated that State law prohibits the sale of single cigarettes. Mr. Berg observed that many similar ordinances provide for revocation of a license on the first offense up to a specified number of days and not a mandatory number of days' suspension, and that staff is recommending a warning for the first offense to address instances where a violation may have occurred that is short of negligence, possibly a clerk seeking revenge on store owners or not paying attention. He indicated that after the first offense the retail establishment would be monitored closely.
The following points were addressed during ensuing discussion: possibility of deferring consideration of the ordinance pending the outcome of a County ordinance that could address similar concerns; Federal and State laws encourage local government to establish and enforce ordinances; most cities' fees are set and not based on a sliding scale; misdemeanor fines are imposed by the court; the Chamber should be enlisted to assist in informing affected businesses of the ordinance; adoption of the ordinance would be contrary to an 8-1 vote of the Community Safety Committee recommending the ordinance not be adopted; the ordinance penalizes businesses for selling tobacco, in general, not solely to minors; the ordinance establishes an unnecessary tax; and minors could obtain tobacco products in nearby cities even though Cerritos has an ordinance of this type.
MOTION: It was moved by Mayor Pro Tem Edwards and seconded by Councilman Cho to waive reading of and introduce Ordinance No. 933 entitled AN ORDINANCE OF THE CITY OF CERRITOS AMENDING TITLE 5 OF THE CERRITOS MUNICIPAL CODE BY ADDING CHAPTER 5.35 TO ESTABLISH TOBACCO RETAIL LICENSING REGULATIONS, including the $50 annual tobacco retail license fee for merchants that sell tobacco products in Cerritos, as recommended in the staff report dated January 28, 2008.
The motion carried by the following vote:
AYES: Cho, Edwards, Lee
NOES: Barrows, Crawley
ABSENT: None
ABSTAIN: None
Resolution for consideration
Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS DESIGNATING THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH, ENVIRONMENTAL HEALTH, SOLID WASTE MANAGEMENT PROGRAM AS THE LOCAL ENFORCEMENT AGENCY RESPONSIBLE FOR ENFORCING ALL LAWS AND REGULATIONS RELATING TO THE MANAGEMENT OF SOLID WASTE IN THE CITY OF CERRITOS.
MOTION: It was moved by Councilman Barrows and seconded by Councilman Crawley to waive reading of and adopt Resolution No. 2008-2 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS DESIGNATING THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH, ENVIRONMENTAL HEALTH, SOLID WASTE MANAGEMENT PROGRAM AS THE LOCAL ENFORCEMENT AGENCY RESPONSIBLE FOR ENFORCING ALL LAWS AND REGULATIONS RELATING TO THE MANAGEMENT OF SOLID WASTE IN THE CITY OF CERRITOS. The motion carried unanimously.
RECESS AND RECONVENE
A recess was called at 8:35 p.m. The meeting reconvened at 8:45 p.m. with all Councilmembers in attendance.
PUBLIC WORKS ACTIVITIES
Consideration and review of the current condition of privately owned arterial walls and possible options for an Arterial Wall Rehabilitation Program.
Public Works Director Arbogast provided an overview of the staff report dated January 28, 2008.
During ensuing discussion, staff responded to Council inquiries indicating that the proposal this evening involves 250,000 linear feet of arterial streets; the block walls would be constructed to current building standards, including waterproofing; the source of funds to initiate the project would come from the general fund or from reserves; the project would involve an open bid process; materials costs could increase in succeeding program years; and a lump sum payment for the cost of wall replacement would eliminate interest costs.
Administrative Services Director Manoogian reviewed a summary of the financial status of the Redevelopment Agency based on Fiscal Year 2007-2008 expenditures and expected revenue as well as the City budget status for the same time frame.
Additional discussion followed regarding initial funding of the program as it relates to potential commitment of future redevelopment funding participation for the Los Cerritos Center parking structure and the negative effect on interest income should a reduction in the reserves occur. Further points addressed included the potential loss of revenue as a result of the State budget shortfall; the possible issuance of bonds for the program; the declining condition of the identified arterial wall on Norwalk Boulevard; clarification that the arterial walls are privately owned and not owned by the City; and the recommendation to use general fund monies to initiate the program, should the Council choose to implement a low-interest loan program to assist residents in the replacement of their arterial street block walls that have been identified as part of the program.
Chris Fuentes, Cerritos resident, asserted that due to the aging of the City a number of maintenance/infrastructure issues such as uplifted sidewalks and broken planter areas would require attention through the use of redevelopment monies. He suggested including in the program the street fences on 195th Street near the bridge; providing financial assistance based on income; posting an online audited budget; and an evaluation of where to cut wasteful spending.
Alon Barlevy, Cerritos resident, indicated the program is an investment because the City is lending the money and not giving the money away, and he inquired if liens would be placed against the properties of those participating in the loan program.
Carol Chen, Cerritos resident, commented on the program as a necessary part of maintaining the overall appearance of the City as well as ensuring the structural integrity of the walls. She commented on other City loan and grant programs that could be utilized for this purpose and suggested an incremental approach to undertaking the program to better manage related financial and construction program aspects.
Discussion continued with regard to the aging of the City; the importance of maintaining a uniform appearance of the arterial walls, which could be achieved with the Option 2 loan assistance program; the preference to refer the matter back to staff for a recommendation that would shorten the time frame for completion of the program to ensure that the walls are replaced in a more timely manner; and the preference to use redevelopment monies for the program.
MOTION FAILS: It was moved by Mayor Lee and seconded by Councilman Crawley to approve Option 2, with the use of redevelopment monies rather than the general fund, a residential loan program to fund the replacement of privately owned arterial street walls; (2) to proceed with the replacement of privately owned arterial walls – Norwalk Boulevard, east side, from Yearling Street to 195th Street; and (3) to hold a neighborhood meeting with all Year #1 property owners to review the arterial wall replacement program. The motion failed, with Councilmembers Barrows and Cho and Mayor Pro Tem Edwards dissenting.
MOTION: It was moved by Councilman Cho and seconded by Mayor Pro Tem Edwards to direct staff (1) to proceed with the implementation of Option 2, a residential loan program to fund the replacement of privately owned arterial street walls; (2) to proceed with the replacement of privately owned arterial walls – Norwalk Boulevard, east side, from Yearling Street to 195th Street; and (3) to hold a neighborhood meeting with all Year #1 property owners to review the arterial wall replacement program; as outlined in the staff report dated January 28, 2008. The motion carried with Councilman Barrows and Mayor Lee dissenting.
Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS AMENDING THE EXCLUSIVE INTEGRATED SOLID WASTE MANAGEMENT CONTRACT WITH CALMET SERVICES, INC. TO IMPLEMENT A FRANCHISE FEE ON RESIDENTIAL WASTE MANAGEMENT SERVICES.
Environmental Services Manager O'Grady provided an overview of the staff report dated January 28, 2008.
In response to Council inquiry, City Attorney Steres indicated that Proposition 218 would not apply in this case because the City does not provide the trash collection services directly and is in a contractual relationship with the service provider, and the service fees come from the contractor.
Reference was made to previous Council action to place the matter on this agenda as a possible funding source for the arterial block wall replacement program, with the fees being placed in the general fund for this purpose. Mr. Steres commented further that although the trash contractor fees would be deposited in the general fund, there is no specific requirement to spend those monies on the block wall program.
Carol Chen, Cerritos resident, opposed the proposed franchise fee, noting that the fees would be deposited in the general fund without being identified for a specific purpose.
L.B. Strawn, Cerritos resident, concurred with the comments of the previous speaker and opposed paying another fee. He suggested the Council take those who are unable to pay this fee into account when a decision is made.
Chris Fuentes, Cerritos resident, indicated that the proposed fee is another tax that would be deposited in the general fund with no specific purpose.
The following points were considered during ensuing discussion: Proposition 218 does apply in this case; the City should develop new funding sources given the sun-setting of the redevelopment agency in the near future and the negative impact of economic downturns on interest income, sales tax generation, and lower property values, which affect tax increment; the $11 per year fee is not excessive and would help build City revenues; Cerritos residents pay no library tax, utility tax, street tax and enjoy low water rates, unlike many other surrounding cities; and the trash contract should have been put out to bid.
MOTION FAILS: It was moved by Councilman Cho and seconded by Mayor Pro Tem Edwards to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS AMENDING THE EXCLUSIVE INTEGRATED SOLID WASTE CONTRACT WITH CALMET SERVICES, INC. TO IMPLEMENT A FRANCHISE FEE ON RESIDENTIAL WASTE MANAGEMENT SERVICES. The motion failed, with Councilmembers Barrows and Crawley and Mayor Lee dissenting.
NEW AND OLD BUSINESS
Consideration of the artwork for the joint public art project between the City of Cerritos/Cerritos Redevelopment Agency and the County of Los Angeles for Cerritos Regional Park generally located at 19800 Bloomfield Avenue bounded by 195th Street, the Coyote Creek Channel and the Cerritos Sports Complex (APN 7044-015-906).
The City Manager indicated that a resident has requested written information be placed in the record for items 10B and 13A.
Councilman Crawley indicated that he had a potential conflict of interest with regard to the item because he lives too close to Cerritos Regional Park and he left the Council Chambers at 10:02 p.m.
Assistant City Manager Matsumoto presented the staff report dated January 28, 2008.
Kim Emerson, artist who created the proposed artwork, responded to Council inquiry by indicating that the piece is durable, can repel graffiti, and is easily cleaned. She commented on the materials and construction methods, adding that she has successfully sited pieces in a similar sports environment, and would repair any tiles that come loose, although this has not been necessary in the past.
During ensuing discussion there was some concern expressed with regard to the proposed location of the piece too close to the high traffic picnic and swimming pool areas, which could result in maintenance problems, and a possible relocation to the northeast entrance of the park or east or south side of the lake was suggested.
Ms. Emerson observed that she selected the site for placement of the pieces on flat ground, to ensure the least disruption from irrigation materials, to avoid the bird factor, and for the aesthetic, intimate experience offered by that location. She added that the final specific site has yet to be determined.
MOTION: It was moved by Councilman Barrows and seconded by Mayor Pro Tem Edwards to approve the artwork by Kim Emerson for placement in Cerritos Regional Park, generally located on the southeast corner of Bloomfield Avenue and 195th Street, as the joint public art project with the Los Angeles County Arts Commission, as recommended by the Fine Arts and Historical Commission. The motion carried with Councilman Crawley absent.
Councilman Crawley returned to the dais at this juncture, 10:23 p.m.
REPORT ON PENDING LEGISLATION
City Manager Gallucci noted that the staff is monitoring legislation offered by the City and will keep the Council informed of the status of those bills.
CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS
Mayor Pro Tem Edwards reported on the trip to Sacramento for the purpose of encouraging passage of bills offered by the City and encouraged the community to attend the Festival of Friendship on Saturday, February 2nd at Los Cerritos Center from 12 noon to 4 p.m. He asked that the meeting be adjourned in memory of Cerritos residents Scott Lawrence and Paul Carlson who perished in a recent airplane crash.
Councilman Barrows reported on his attendance at the League of California Cities Transportation Committee meeting in Sacramento. He requested the meeting be adjourned in memory of his father-in-law Fred Crofts who recently passed away.
CONSENSUS: The City Council concurred with Councilman Barrows' request to attend a future Assembly Budget Committee meeting in Sacramento, if necessary, to address the Committee with regard to a City-sponsored bill.
Councilman Crawley made the following statement: I guess now is the time for me to confirm the worst kept secret in Cerritos. So, I'm going to start at the beginning. It was about 8 or 9 years ago I got diagnosed with Type II diabetes. Well, at that time I felt no different before I was diagnosed than I did afterwards. But that's been about 8 or 9 years ago and it's starting to affect me and to the extent that I don't feel that I can go any longer as a school teacher. Sometimes I get so tired I feel like I could fall asleep standing up at nine in the morning. I've been hoping that this would get better, but it apparently has not. So, I've decided to retire from teaching effective Friday, February 1st. And this is where the whole scenario gets a little complicated. There is a tie-in between the teachers' retirement plan and the PERS retirement plan. To prevent getting an unfavorable treatment I have to retire from both plans on the same day. This is not what I want to do. Health is not an issue for my leaving the City Council. When I was elected in the year 2005 I fully expected to finish a full term. But, I must retire from teaching subsequently I also have to retire from the City Council also on February 1st. Now, I've tried every scenario to retire and stay on the Council, including volunteering to serve my last year for free with no compensation. A few days ago we tried a different scenario and again PERS has said no. I'm left without any other options. So, I guess this is goodbye. I'd like to thank the people that elected me. And, I hope I didn't make too many bad decisions.
Councilman Crawley submitted to the City Clerk a letter of retirement from the City Council dated January 28, 2008, effective February 1, 2008, with Councilman Crawley's last day as a Member of the City Council being January 31, 2008.
Mayor Lee reported on the Mayor's Conference she attended in Washington, D.C. last week at which she spoke about the City's water reclamation program and attended sessions on the sub-prime mortgage crises and green energy. She urged those who may have problems with their mortgage to call 888-995-HOPE or visit www.995HOPE.org. She asked that staff review materials she gathered at the conference with regard to water meter leak detectors and the City Manager indicated that staff would research the information for dissemination through articles to the community.
Councilman Cho thanked Councilman Crawley for his devotion to the community and for his support in helping him adjust as a new Councilmember, and expressed hope for his recovery and enjoyment in retirement.
Councilman Barrows expressed his pleasure with working with Councilman Crawley, acknowledged his contribution to the City and years of dedicated service, and wished him well in retirement and in stabilizing his health.
Mayor Lee observed the importance of placing health first and wished Councilman Crawley good health.
Mayor Pro Tem Edwards wished Councilman Crawley good health and a good retirement.
ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at 10:40 p.m. in memory of Cerritos residents Scott Lawrence and Paul Carlson who perished in a recent airplane crash, and in memory of Councilman Barrows' father-in-law Fred Crofts who recently passed away.
/s/ Josephine Triggs
Josephine Triggs, City Clerk
ATTEST:
/s/ Laura Lee
Laura Lee, Mayor
Approved: February 14, 2008
