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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD MARCH 27, 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 Leonard Tan with the First Evangelical Church of Cerritos offered the invocation.

PLEDGE OF ALLEGIANCE

Mayor Pro Tem Barrows led the assembly in the salute to the flag.

ROLL CALL

The following Members of the City Council were in attendance:

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

PRESENTATIONS

Cerritos Smoke Free Coalition presented a certificate in appreciation of adopting Ordnance No. 932 prohibiting smoking at Cerritos Iron-Wood Nine Golf Course; and a proclamation was presented to Cerritos-Artesia VFW Post #1846 proclaiming March 30, 2008 as Welcome Home Vietnam Veterans Day in the City of Cerritos to honor those members of the United States Armed Forces who served in Vietnam.

PUBLIC COMMENTS AND SUGGESTIONS

Bob Buell, Cerritos resident, commented on the construction status of a covering, arena and stables in conjunction with the Ride Your Horse! therapeutic riding program, noting that a piece about the program would air on Access Hollywood this evening at 7:30 p.m. and on Animal Planet on Monday, March 31, at 8:00 p.m.

Catherine Gaughen, Cerritos Chamber of Commerce, discussed the printing and distribution of the 2008 Business Directory & Community Guide.

Jeffrey Enomoto, Cerritos resident and Post Commander, Cerritos-Artesia Veterans of Foreign Wars Post #1846, commented on initial discussions regarding honoring of deceased veterans during Memorial Day ceremonies.

It was noted that the City would be conducting a Memorial Day service at 10:00 a.m. at the Civic Center.

Youn-Joo Park, Buena Park resident, commented on the circumstances surrounding her mother receiving a ticket for using the area in the front of the Library as a passenger loading zone.

Community and Safety Services Director Berg commented on the loading and unloading of passengers in this area and indicated that the citation referenced by Ms. Park has been cancelled.

Capt. Daryl Evans, Los Angeles County Sheriff's Department, provided call for service response time statistics and specifics with regard to response times related to public comments at the March 13, 2008 City Council Meeting by Cerritos resident Alex Torres.  He indicated that the taped conversations with dispatch and computer generated logs were reviewed with Mr. Torres to his satisfaction.

CONSENT CALENDAR

Approval of Register of Demands

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilman Cho to approve the Register of Demands dated March 27, 2008, Checks 97925 through 98675 in the total amount of $40,579,953.94.  The motion carried unanimously.

Approval of Treasurer's Report for the period ending February 29, 2008

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilman Cho to approve the Treasurer’s Report for the period ending February 29, 2008.  The motion carried unanimously.

Approval of Minutes

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilman Cho to approve the minutes of the Regular Meeting of February 28, 2008 and the Joint Regular Meeting of March 13, 2008.  The motion carried unanimously.

Ordinances for second reading and adoption.  Reading of ordinances waived and ordinances adopted.

ORDINANCE NO. 934 - 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.

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilman Cho to waive reading of and adopt 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:          Councilmembers        -     Cho, Lee, Barrows, Edwards

NOES:          Councilmembers        -     None

ABSENT:     Councilmembers        -     None

ABSTAIN:    Councilmembers        -     None

ORDINANCE NO. 935 - 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.

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilman Cho to waive reading of and adopt 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:          Councilmembers        -     Cho, Lee, Barrows, Edwards

NOES:          Councilmembers        -     None

ABSENT:     Councilmembers        -     None

ABSTAIN:    Councilmembers        -     None

The following item was taken out of order.

NEW AND OLD BUSINESS

Consideration of a request of the Cerritos Regional Chamber of Commerce regarding its April 30, 2008 City Council Candidate Forum.

Catherine Gaughen, Cerritos Chamber of Commerce, spoke in support of the forum.

MOTION:  It was moved by Councilwoman Lee and seconded by Mayor Pro Tem Barrows to authorize the Cerritos Regional Chamber of Commerce to use the Council Chambers on Wednesday, April 30, 2008 from 6:00 p.m. to 9:30 p.m. for the purpose of holding a forum for Cerritos City Council candidates in the upcoming June 3, 2008 Special Consolidated Municipal Election, with the City absorbing the costs associated with cable casting the event.  The motion carried unanimously.

The regular order of the agenda was resumed at this juncture, with the Agenda Items 11A, 11B and 12D being considered concurrently.

PUBLIC HEARINGS

Agenda Item 11A

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*

PUBLIC HEARINGS

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

Agenda Item 11B

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

*One Mitigated Negative Declaration has been prepared for the related joint resolution, Precise Plan 86-16(H)(2008) (Amendment) and Conditional Use Permit 2008-1.

Agenda Item 12D

Review and consideration of the proposal submitted by Transpacific Development Company (TDC) to approve the architecture as artwork for the five-story office building to be located at 12800 Center Court Drive, Cerritos, California, 90703 (APN 7030-011-913).

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS APPROVING THE ARCHITECTURE AS ARTWORK FOR THE PROPOSED OFFICE BUILDING THAT WILL BE LOCATED AT 12800 CENTER COURT DRIVE, CERRITOS, CALIFORNIA, 90703 (APN 7030-011-913) PURSUANT TO SECTIONS 22.94.160 AND 22.94.170 OF THE CERRITOS MUNICIPAL CODE.

The public hearings were opened and staff called upon for reports.

Management Analyst Carey reviewed the staff report dated March 27, 2008 identified as Agenda Item 11A; Community Development Director Contreras reviewed the staff report dated March 27, 2008 identified as Agenda Item 11B; and Assistant City Manager Matsumoto reviewed the staff report dated March 27, 2008 identified as Agenda Item 12D.

Discussion ensued regarding new jobs generation as result of the proposal; replacement of increment flow through ground rents and ground rent increases; and Towne Center buildings reverting back to City ownership at the end of the lease terms.  It was also pointed out that there is no City contribution clause in the agreement for the dome/art piece, with the developer paying for the entire dome/art piece at a cost of approximately $1 million, which is in excess of the one percent public art requirement, and receiving a $250,000 rent credit.

Interested parties were invited to present testimony.

Alan Pyenson, Transpacific Development Company, spoke in support of the project and noted that efforts would be made to hire local labor for project construction.

John Spohrer, project architect, Archisystems International, commented in favor of the proposal.

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

Agenda Item 11A

MOTION:  It was moved by Councilwoman Lee and seconded by Mayor Pro Tem Barrows to waive reading of and adopt Joint Resolution No. 2008-8 and CRA 2008-2 entitled 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).  The motion carried unanimously

Agenda Item 11B

MOTION:  It was moved by Councilwoman Lee and seconded by Mayor Pro Tem Barrows to:

A.        Receive and file Cerritos Redevelopment Agency Conformity Report 2008-2;

B.         Receive, file, certify and approve the Mitigated Negative Declaration making the findings set forth in Cerritos Planning Commission Resolution No. PC 2008-7;

C.        Approve Conditional Use Permit 2008-1, making the findings outlined in Cerritos Planning Commission Resolution No. PC 2008-8; and

D.        Approve Precise Plan 86-16(H)(2008) Amendment, making the findings contained in Cerritos Planning Commission Resolution No. 2008-9;

as recommended in the staff report dated March 27, 2008.  The motion carried unanimously.

Agenda Item 12D

MOTION:  It was moved by Councilman Cho and seconded by Councilwoman Lee to waive reading of and adopt Resolution No. 2008-11 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS APPROVING THE ARCHITECTURE AS ARTWORK FOR THE PROPOSED OFFICE BUILDING THAT WILL BE LOCATED AT 12800 CENTER COURT DRIVE, CERRITOS, CALIFORNIA, 90703 (APN 7030-011-913) PURSUANT TO SECTIONS 22.94.160 AND 22.94.170 OF THE CERRITOS MUNICIPAL CODE.  The motion carried unanimously.

Consideration to waive reading of and introduce AN ORDINANCE OF THE CITY OF CERRITOS DETERMINING AND DECLARING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS IN THE CITY OF CERRITOS AND AMENDING CHAPTER 10.04 OF THE CERRITOS MUNICIPAL CODE.

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

Public Works Director Arbogast provided an overview of the staff report dated March 27, 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 Barrows and seconded by Councilman Cho to waive reading of and introduce Ordinance No. 936 entitled AN ORDINANCE OF THE CITY OF CERRITOS DETERMINING AND DECLARING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS IN THE CITY OF CERRITOS AND AMENDING CHAPTER 10.04 OF THE CERRITOS MUNICIPAL CODE.

The motion carried by the following vote:

AYES:             Cho, Lee, Barrows, Edwards

NOES:             None

ABSENT:        None

ABSTAIN:       None

PENDING LEGAL MATTERS

Ordinance for consideration

Consideration to waive reading of and introduce AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 5.04 OF THE CERRITOS MUNICIPAL CODE AS IT RELATES TO BUSINESS LICENSE ISSUANCE AND DENIAL.

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilman Cho to waive reading of and introduce Ordinance No. 937 entitled AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 5.04 OF THE CERRITOS MUNICIPAL CODE AS IT RELATES TO BUSINESS LICENSE ISSUANCE AND DENIAL.

The motion carried by the following vote:

AYES:             Cho, Lee, Barrows, Edwards

NOES:             None

ABSENT:        None

ABSTAIN:       None

Resolutions for consideration

Consideration to waive reading of and adopt A RESOLUTION OF THE CERRITOS CITY COUNCIL ADOPTING THE 2008 LOS ANGELES COUNTY BUILDING, ELECTRICAL, MECHANICAL, PLUMBING AND FIRE CODES FOR THE CITY OF CERRITOS.

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Cho to waive reading of and adopt Resolution No. 2008-9 entitled A RESOLUTION OF THE CERRITOS CITY COUNCIL ADOPTING THE 2008 LOS ANGELES COUNTY BUILDING, ELECTRICAL, MECHANICAL, PLUMBING AND FIRE CODES FOR THE CITY OF CERRITOS.  The motion carried unanimously.

Options and timeline for actions regarding the Los Coyotes Lighting and Landscaping District.

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS PROPOSING THE CONTINUATION OF THE LOS COYOTES LIGHTING AND LANDSCAPING DISTRICT AND ORDERING THE CITY ENGINEER OR DESIGNEE TO PREPARE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE PROVISIONS OF ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION.

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Cho to waive reading of and adopt Resolution No. 2008-10 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS PROPOSING THE CONTINUATION OF THE LOS COYOTES LIGHTING AND LANDSCAPING DISTRICT AND ORDERING THE CITY ENGINEER OR DESIGNEE TO PREPARE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE PROVISIONS OF ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION.  The motion carried, with Mayor Pro Tem Barrows dissenting, noting his position that a vote would be required in compliance with Proposition 218.

NEW AND OLD BUSINESS

Consideration of pending legislation and taking action regarding same if appropriate - AB 2262 (Torrico):  a proposal to amend the Safely Surrendered Baby Law which provides for the safe surrender of newborn babies.

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Lee that the City Council oppose AB 2262 (Torrico) and direct staff to prepare letters for the Public Safety and Judiciary Assembly Committees advising of the City Council's action with copies to the City's representatives, Senator Alan Lowenthal and Assemblymember Tony Mendoza.  The motion carried unanimously.

CONSIDERATION OF APPOINTMENT OF AN ALTERNATE MEMBER TO THE COUNTY SANITATION DISTRICTS 2, 3, 18 AND 19

MOTION:  It was moved by Mayor Edwards and seconded by Councilman Cho to appoint Mayor Pro Tem Barrows as the Alternate to the County Sanitation Districts 2, 3, 18 and 19, with Councilman Cho as the first Temporary Alternate and Councilwoman Lee as the second Temporary Alternate.  The motion carried unanimously.

CONSIDERATION OF CITY COUNCIL COMMITTEE ASSIGNMENTS

MOTION:  It was moved by Mayor Edwards and seconded by Mayor Pro Tem Barrows to make the following City Council Committee Assignments for 2008-2009:

Standing Committees
(Subject to the Brown Act)
Councilmember
ABC Unified School District 1. Jim Edwards
2. Laura Lee
Budget/Finance 1. Jim Edwards, Chair
2. Laura Lee
Performing Arts 1. Joseph Cho
2. Laura Lee
3. Bruce Barrows
4. Jim Edwards
Personnel 1. Jim Edwards, Chair
2. Bruce Barrows
One-Member Standing Committees
(not subject to Brown Act requirements)
Councilmember
Auto Mall Jim Edwards
Business and Industry Bruce Barrows
Cerritos Community College–Liaison Laura Lee
Chamber of Commerce–Liaison Joseph Cho
County Health Department/Health Insurance Joseph Cho
Legislative Jim Edwards
Library Joseph Cho
Parks and Recreation Jim Edwards
Senior Services/Senior Center Laura Lee
Other Organizations Councilmember Alternate
California Contract Cities Association Jim Edwards Laura Lee
California Joint Powers Insurance Authority Jim Edwards *
Consolidated Youth Services Network Joseph Cho Bruce Barrows
Gateway Cities Council of Governments Jim Edwards Bruce Barrows
Gateway Cities Council of Governments–91/605 Corridor Cities Committee Jim Edwards Bruce Barrows
League of California Cities/City Selection/Metropolitan Transportation Authority Jim Edwards Bruce Barrows
Orange Line Development Authority Bruce Barrows Jim Edwards
Sanitation Districts 2, 3, 18 & 19/Waste Management Jim Edwards Bruce Barrows
Joseph Cho, 1st Temporary Alternate
Laura Lee, 2nd Temporary Alternate
Southeast Water Coalition Jim Edwards Bruce Barrows
Workforce Investment Board–Policy Board Laura Lee Joseph Cho
Staff Committees City Representative
California Joint Powers Insurance Authority *Art Gallucci, City Manager, Alternate
Central Basin Water District Joe Holdren, Water Superintendent
Gateway Cities Council of Governments–91/605 Corridor Cities Committee Art Gallucci, City Manager
Youth/Juvenile Diversion Greg Berg, Community & Safety Services Dir.

The motion carried unanimously.

REPORT ON PENDING LEGISLATION

City Manager Gallucci reported that two City-sponsored bills are scheduled for committee hearings in Sacramento in April.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS

In response to inquiry of Councilman Cho, City & Theater Marketing Manager Hylton commented on the circumstances and City response to interruption in service from the City's cable provider.  Councilman Cho also reported on his attendance at the National League of Cities Annual Conference March 9-10, 2008 in Washington, D.C.

CONSENSUS:  At the suggestion of Councilman Cho, it was the consensus of the City Council to direct staff to research and prepare not only for a grant, but a comprehensive Green Cerritos Plan to reduce energy consumption and save resources for the future generation and report back to the City Council.

Councilwoman Lee briefly commented on the City's solar energy accomplishments; reported on her attendance at the Youth Basketball Awards Ceremony on March 27 at Gahr High School and thanked the coaches for their efforts; reported on her attendance on March 22 at the Whitney High School Foundation fundraising event at which Gretchen Whitney was honored; and noted that on Saturday, March 29 a Celebration of Life would be held at the Cerritos Center for the Performing Arts in memory of recently deceased, former Cerritos City Manager Gaylord Knapp.

Mayor Pro Tem Barrows reported on his attendance at legislative meetings in Sacramento at which the Green Line and other transportation issues were discussed.

CONSENSUS:  At the suggestion of Mayor Pro Tem Barrows, it was the consensus of the City Council to direct staff to arrange for a study session for review of the City Charter.

Mayor Edwards thanked Councilwoman Laura Lee for her year as Mayor and the Council for the honor to serve as Mayor; he commented on the recent passing of Gaylord Knapp; and urged the community to attend the Welcome Home Vietnam Veterans Day Celebration on Sunday, March 30, 2008 from 1:00 to 5:00 p.m. at the California High School football field in Whittier.

CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54957.6

Agency Designated Representatives:          Mayor Pro Tem Bruce W. Barrows

                                                                        and Councilmember Laura Lee

Unrepresented Employees:               City Manager, City Clerk and City Attorney

The City Council convened in Closed Session at 8:55 p.m.  The meeting reconvened at 9:10 p.m.

CONSIDERATION OF SALARY AND COMPENSATION ADJUSTMENTS FOR CITY CHARTER EMPLOYEES

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Lee that the City Manager and City Clerk receive a four percent (4%) cost of living salary adjustment retroactive to July 1, 2007, in keeping with the cost of living salary adjustment that was previously given to all other City employees, with all other terms and conditions of employment remaining the same.

ADJOURNMENT

There being no further business to come before the City Council, the meeting adjourned at 9:13 p.m.

/s/ Josephine Triggs       
Josephine Triggs, City Clerk

ATTEST:

/s/ Jim Edwards      
Jim Edwards, Mayor/Chair

Approved:  April 10, 2008

 

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