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Cerritos City Council Meeting Minutes

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

Cerritos resident Pastor Chang Soo Kim with the 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 following Members of the City Council were in attendance:

Councilman Bruce W. Barrows
Councilman Joseph Cho, Ph.D.
Mayor Pro Tem Jim Edwards
Mayor Laura Lee

PRESENTATIONS

Girl Scout Daisies, Brownies and Juniors Troop No. 767 presented the City Council with Girl Scout cookies in recognition of National Girl Scout Week.  A plaque was presented to Dr. Philip I. Kress in appreciation of dedicated service to the Friends of Arts Education at the Cerritos Center; and Andrew Manabu Ogata received a proclamation for attaining the rank of Eagle Scout.

PUBLIC COMMENTS AND SUGGESTIONS

Chris Fuentes, Cerritos resident, reported that long-established Cerritos business King Kelly Marmalade had closed it doors, commented on the history of the company, and requested historic designation of the shingle-roofed structure associated with King Kelly.

Evangeline Damron, Cerritos resident, indicated she was the owner of a day spa establishment in Cerritos.  She requested the Council amend the City's massage ordinance, asserting that its provisions are too restrictive and have resulted in difficulty in securing message therapists for her business.

Simon Kuo, Cerritos resident, discussed the history and circumstances related to code enforcement action associated with a garage conversion case involving his residence.

City Manager Gallucci indicated that Mr. Kuo's case is pending and staff is attempting to resolve issues prior to a trial date being set.

CONSENT CALENDAR

Approval of Register of Demands

MOTION:  It was moved by Councilman Barrows and seconded by Mayor Pro Tem Edwards to approve the Register of Demands dated February 28, 2008, Checks 97550 through 97924 in the total amount of $13,267,991.95.  The motion carried unanimously.

Approval of Treasurer's Report for the period ending January 31, 2008

MOTION:  It was moved by Councilman Barrows and seconded by Mayor Pro Tem Edwards to approve the Treasurer’s Report for the period ending January 31, 2008.  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 Special Meetings of February 11, 2008 and February 21, 2008,  and the Regular Meeting of February 14, 2008.  The motion carried unanimously.

PUBLIC HEARINGS

A development proposal by Transpacific Development Company (TDC), 2377 Crenshaw Boulevard, Suite 300, Torrance, California 90501, to construct a five-story office building within the Cerritos Towne Center.  The proposed building will be located at 12800 Center Court Drive, Cerritos, California, 90703.  The property measures approximately ±3.87 acres of land and is zoned Area Development Plan Two (ADP-2), Towne Center, and is located within the Los Coyotes Redevelopment Project Area (APN 7030-011-913).

Cerritos Redevelopment Agency Conformity Report 2008-2

Mitigated Negative Declaration*

Conditional Use Permit 2008-1

Precise Plan 86-16(H)(2008) Amendment

City Manager Gallucci recommended removing the above-noted item from the agenda pending its consideration by the Planning Commission at its next meeting.

MOTION:  It was moved by Councilman Barrows and seconded by Mayor Pro Tem Edwards to remove from the Agenda consideration of Conditional Use Permit 2008-1 and Precise Plan 86-16 (H)(2008) Amendment and related Cerritos Redevelopment Agency Conformity Report 2008-2 and Mitigated Negative Declaration, pending consideration of the same by the Planning Commission.  The motion carried unanimously.

In response to Council inquiry, City Manager Gallucci noted that the dome associated with the proposal has been scheduled for review by the Fine Arts and Historical Commission, with a final determination to be made by the City Council.

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 SECTION 33433 REGARDING THE GROUND LEASE BY SCE CERRITOS, LLC, OF REAL PROPERTY LOCATED AT 12800 CENTER COURT DRIVE IN THE LOS COYOTES REDEVELOPMENT PROJECT AREA, MEASURING APPROXIMATELY ±3.87 ACRES IN AREA, AND AUTHORIZING THE EXECUTION OF A GROUND LEASE FOR SAID PROPERTY (APN 7030-011-913).

Mitigated Negative Declaration*

*One Negative Declaration has been prepared for the above referenced item, Precise Plan 86-16(H)(2008) Amendment and Conditional Use Permit 2008-1.

City Manager Gallucci recommended removing the above-noted item from the agenda pending its consideration by the Planning Commission at its next meeting.

MOTION:  It was moved by Councilman Barrows and seconded by Mayor Pro Tem Edwards to remove from the Agenda consideration of a joint resolution of the Cerritos City Council and Cerritos Redevelopment Agency making findings pursuant to California Health and Safety Code Section 33433 regarding the ground lease by SCE Cerritos, LLC, of real property located at 12800 Center Court Drive in the Los Coyotes Redevelopment Project Area, measuring approximately +3.87 acres in area, and authorizing the execution of a ground lease for said property (APN 7030-011-913), pending consideration by the Planning Commission.  The motion carried unanimously.

Consideration to waive reading of and introduce AN ORDINANCE OF THE CITY OF CERRITOS FURTHER EXTENDING THE TIME LIMITS OF THE REDEVELOPMENT PLAN FOR THE LOS CERRITOS REDEVELOPMENT PROJECT FOR (I) THE EFFECTIVENESS OF THE REDEVELOPMENT PLAN AND (II) THE PAYMENT OF INDEBTEDNESS AND THE RECEIPT OF PROPERTY TAXES.

Consideration to waive reading of and introduce AN ORDINANCE OF THE CITY OF CERRITOS FURTHER EXTENDING THE TIME LIMITS OF THE REDEVELOPMENT PLAN FOR THE LOS COYOTES REDEVELOPMENT PROJECT FOR (I) THE EFFECTIVENESS OF THE REDEVELOPMENT PLAN AND (II) THE PAYMENT OF INDEBTEDNESS AND THE RECEIPT OF PROPERTY TAXES.

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

Redevelopment/Economic Development Administrator Anthony reviewed the staff report dated February 28, 2008.

Those wishing to present testimony were called upon for comment.  No one wishing to speak, the public hearing was closed.

MOTION:  It was moved by Mayor Pro Tem Edwards and seconded by Councilman Barrows to waive reading of and introduce Ordinance No. 934 entitled AN ORDINANCE OF THE CITY OF CERRITOS FURTHER EXTENDING THE TIME LIMITS OF THE REDEVELOPMENT PLAN FOR THE LOS CERRITOS REDEVELOPMENT PROJECT FOR (I) THE EFFECTIVENESS OF THE REDEVELOPMENT PLAN AND (II) THE PAYMENT OF INDEBTEDNESS AND THE RECEIPT OF PROPERTY TAXES.

The motion carried by the following vote:

AYES:             Barrows, Cho, Edwards, Lee

NOES:             None

ABSENT:        None

ABSTAIN:       None

MOTION:  It was moved by Mayor Pro Tem Edwards and seconded by Councilman Barrows to waive reading of and introduce Ordinance No. 935 entitled AN ORDINANCE OF THE CITY OF CERRITOS FURTHER EXTENDING THE TIME LIMITS OF THE REDEVELOPMENT PLAN FOR THE LOS COYOTES REDEVELOPMENT PROJECT FOR (I) THE EFFECTIVENESS OF THE REDEVELOPMENT PLAN AND (II) THE PAYMENT OF INDEBTEDNESS AND THE RECEIPT OF PROPERTY TAXES.

The motion carried by the following vote:

AYES:             Barrows, Cho, Edwards, Lee

NOES:             None

ABSENT:        None

ABSTAIN:       None

NEW AND OLD BUSINESS

Review and consideration of Playful City U.S.A. Award application.

Recreation Superintendent Titus provided an overview of the staff report dated

February 28, 2008.  With regard to Commitment 1:  Create a Play Committee, Commission, or Task Force, Ms. Titus indicated that the Parks and Recreation Commission discussed appointment of the Chair or Vice Chair of the Parks and Recreation Commission as the community citizenry member, with the selection of the business member at staff discretion.

MOTION:  It was moved by Mayor Pro Tem Edwards and seconded by Councilman Barrows to authorize the filing of a Playful City U.S.A. Award application.  The motion carried unanimously.

Review and consideration of a senior citizen commission.

Recreation Superintendent Titus reviewed the staff report dated February 28, 2008.

A brief discussion ensued regarding limited potential direct costs of such a commission/committee, and other additional costs such as staff time, cable casting, and the potential impact on developing/implementing senior programs associated with compensatory time off for staff who would attend commission/committee meetings.

Chris Fuentes, Cerritos resident, indicated the process is flawed because the Parks and Recreation Commission does not create Commissions; senior groups were not notified of the Parks and Recreation Commission consideration of this matter; none of the Parks and Recreation Commissioners belong to any of the senior organizations, attend Gadabouts, are participants in senior programs, utilize Dial-A-Ride, or have the day-to-day senior experiences.  He noted that many cities have senior commissions, which enhance staff's work and include seniors in the process, and that generally in Cerritos staff develops a program and then presents it to the commission rather than the reverse, asserting that this process pits staff against the commissions and public input.  He commented on the benefits of a non-profit status for a senior citizens commission; indicated that many of the seniors he has spoken to support the proposal; discussed the need for enhanced Dial-A-Ride services, stating that not one of the Councilmembers bothered to talk to a Dial-A-Ride driver or those who ride Dial-A-Ride.

Councilman Cho indicated that the creation of a commission or committee is a Council decision not a commission decision, noting that it is natural for the Parks and Recreation Commission to vote against the creation of a senior citizens commission that would take away part of its authority, and asserted that the recommendation of the Parks and Recreation Commission in this matter should not be considered by the City Council.  He stated that the well-being of senior citizens is a broad concept including housing, medical, food, and health care, which are not fully handled by the Parks and Recreation Commission, noting the benefits to the community that seniors offer and utilizing their participation in making the City senior citizen-friendly.

MOTION:  Councilman Cho moved for the formation of a senior citizens committee that includes 5 Council appointees, 5 representatives of the senior housing facilities, and up to 10 representatives of Cerritos senior citizen associations to meet every other month to discuss issues and concerns regarding their well-being.

Simon Kuo, Cerritos resident, wished to address the Council regarding Code Enforcement and was advised that this discussion was for consideration of a senior citizens commission.

Mayor Pro Tem Edwards indicated that he was a Parks and Recreation Commissioner when the senior center concept/development was undertaken.  He indicated that he had recently contacted seniors, and in his discussions with 6 senior center staff members, each of them had indicated that no seniors had requested a senior citizens commission.  He asserted that the needs of seniors are currently being met, noting that every senior group has a liaison at the Senior Center, the presidents of these groups meet with senior center staff to discuss concerns, a commission would be redundant, and he would not be in favor of asking extra staff to do extra things that are already being done.

Councilman Barrows expressed a preference for utilizing a task force to address special needs issues for senior residents; observed that most of the City's commissions and committees are made up of seniors, as is the Council; noted that in his discussions with senior residents, none had noted any deficiencies with the City meeting the needs of seniors; expressed that the City does a phenomenal job of meeting senior resident needs; and indicated that he would not be in favor of creating a new commission or committee.

At the request of the Mayor, City Attorney Steres indicated that typically public input on an item is received prior to the City Council deliberating and taking action, noting that this process discourages the repeated opening and closing of the public input and lends itself to a more orderly meeting, however, it is the Mayor's prerogative in the process in which public input is accepted on an agenda item.

Denise Hamilton, Cerritos resident, expressed that the senior population could benefit from a senior citizens committee as a resource to accommodate the growing senior population and complete the entire range of services offered by the City for the various age groups.

Fred Shen, Cerritos resident and current President of the Chinese-American Senior Citizens Association, indicated that the Association has more than 1,000 members and asked that the Council spend the City's money wisely on necessities, noting that creating a new commission would result in spending money on hiring extra staff.  He commented on the benefits of the Senior Center and the bridge that has been built between the City Council and the Association, observing that a senior citizens commission would create another level between the Council and the Association.

Mayor Lee commented that when she first ran for Council, a senior citizen commission was one of her platforms, but since then she understands and realizes that the City's senior center staff and the various senior groups have a close relationship with the Council and the Senior Center.  She commented on her discussions with quite a few seniors who indicated to her that they are happy with the current service levels, their ability to talk directly with Councilmembers or Parks and Recreation Commissioners, and their preference to avoid another layer of authority between them and the Council or Commission.  It was also noted that it is often difficult to make decisions in large groups of 20 people and it appears a senior citizens commission or committee is not necessary at this time.

Councilman Cho reiterated his assertions about the broad scope of services seniors require and the need for a forum to address their issues and concerns.

PREVIOUS MOTION DIES FOR LACK OF A SECOND:  The Mayor called for a second to the previous motion:  Councilman Cho moved for the formation of a senior citizens committee that includes 5 Council appointees, 5 representatives of the senior housing facilities, and up to 10 representatives of Cerritos senior citizen associations to meet every other month to discuss issues and concerns regarding their well-being.  Hearing no response, the previous motion died for lack of a second.

MOTION:  It was moved by Councilman Barrows and seconded by Mayor Pro Tem Edwards to receive and file the staff report dated February 28, 2008 entitled Review and consideration of a senior citizen commission.  The motion carried with Councilman Cho dissenting.

Consideration of appointment to City Council Personnel Committee

MOTION:  It was moved by Mayor Pro Tem Edwards and seconded by Councilman Cho to appoint Councilman Barrows to the City Council Personnel Committee.  The motion carried unanimously.

REPORT ON PENDING LEGISLATION

City Manager Gallucci apprised the Council that he would be transmitting a demand letter to the county to stop charging excessive administrative fees in the distribution of State triple flip bond proceeds.  He indicated that this practice is occurring statewide and a number of cities are sending similar letters to their counties as well.

At the request of the Council, City Manager Gallucci commented on the recent $82,000 fine levied by the State, and possible further fines, for failure to achieve the AB939 mandated 50% solid waste diversion requirement, noting that the City's previous solid waste hauling agreement provides that CalMet would assume responsibility for any fines levied upon the City for AB939 non-compliance.  Public Works Director Arbogast then provided an overview and answered inquiries of the Council regarding the new three-barrel trash collection system.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS

Mayor Pro Tem Edwards thanked the Girl Scouts for their presentation this evening, and also commented on the Volunteer Coaches Recognition Dinner and the Miss Cerritos Scholarship Contest.

Councilman Barrows requested staff check the traffic signal timing at Bloomfield Avenue and Towne Center Drive, and he asked that the meeting be adjourned in memory of Nixon Elementary 4th-Grader Christopher Ung who recently succumbed to leukemia.

Mayor Lee reported on the Friends of Arts Education at Cerritos Center Scholarship Awards, Volunteer Coaches Recognition Dinner/Awards, Miss Cerritos Scholarship Contest, and noted that a press conference in recognition of the City's Recycled Water Distribution System would be held at 11:30 a.m. tomorrow at the Library.

ADJOURNMENT

There being no further business to come before the City Council, the meeting adjourned at 9:00 p.m. in memory of Christopher Ung who recently passed away.

/s/ Josephine Triggs       
Josephine Triggs, City Clerk                                                       

ATTEST:

/s/ Jim Edwards      
Jim Edwards, Mayor/Chair

Approved:  March 27, 2008

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