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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD AUGUST 14, 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

Councilwoman Carol Chen offered the invocation.

PLEDGE OF ALLEGIANCE

Girl Scout Troop 678 led the assembly in the salute to the flag.

ROLL CALL

The following Members of the City Council were in attendance:

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

PRESENTATIONS

Proclamations were presented to:  the Cerritos Synchronettes for placing first at the 2008 Esynchro National Championships at Binghamton University in New York and at the Southern California Association Meet at the Cerritos Olympic Swim and fitness Center; Jane Kok for placing first in the solo category at the 2008 Esynchro National Championships at Binghamton University in New York and at the Southern California Association Meet at the Cerritos Olympic Swim and Fitness Center; Keerthi Chandrashekar for achieving the rank of Eagle Scout; and Detective Aaron King for outstanding service and diligent efforts in solving an armored car heist that occurred in the City of Cerritos.

PUBLIC COMMENTS AND SUGGESTIONS

Larry Caballero, Field Representative to Assemblymember Tony Mendoza, wished the Mayor a Happy Birthday and reported that Assembly Bill 2000 relating to rollover of Regional Housing Needs Assessment allocations, which was sponsored by the City of Cerritos and authored by Assemblymember Mendoza, has passed the Assembly and the Senate and is before the Governor for signature.

Paul Bellenbaum, Cerritos resident, noted that he would be contacting public television personality Huell Howser with regard to his father's gardening pursuits.

Ram Kakkar, Cerritos resident, referenced the Shoemaker Avenue overpass and asked the Council to address noise and security concerns of residents whose homes are located near this location.

CONSENT CALENDAR

Approval of Register of Demands

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Cho to approve the Register of Demands dated August 14, 2008, Checks 101511 through 102020, in the total amount of $16,896,121.32.  The motion carried unanimously.

Approval of Treasurer's Report

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Cho to approve the Treasurer's Report for the period ending June 30, 2008.  The motion carried unanimously.

Approval of Minutes

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Cho to approve the Minutes of the Regular Meeting of July 24, 2008.  The motion carried unanimously.

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

ORDINANCE NO. 940 – AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 9.75 OF THE CERRITOS MUNICIPAL CODE AS IT RELATES TO THE MAINTENANCE AND PRUNING OF TREES.

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Cho to waive reading of and adopt Ordinance No. 940 entitled AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 9.75 OF THE CERRITOS MUNICIPAL CODE AS IT RELATES TO THE MAINTENANCE AND PRUNING OF TREES.  The motion carried by the following vote:

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

NOES:             Councilmembers - None

ABSENT:        Councilmembers - None

ABSTAIN:       Councilmembers - None

ORDINANCE NO. 941 – AN ORDINANCE OF THE CITY OF CERRITOS AMENDING TITLE 9, CHAPTER 9.48, SECTION 9.48.070 OF THE CERRITOS MUNICIPAL CODE TO REMOVE CERRITOS PARK EAST COMMUNITY CENTER BUILDING FROM THE LIST OF FACILITIES THAT ALLOW THE SALE, POSSESSION, DISPENSING AND CONSUMPTION OF ALCOHOLIC BEVERAGES.

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Cho to waive reading of and adopt ORDINANCE NO. 941 entitled AN ORDINANCE OF THE CITY OF CERRITOS AMENDING TITLE 9, CHAPTER 9.48, SECTION 9.48.070 OF THE CERRITOS MUNICIPAL CODE TO REMOVE CERRITOS PARK EAST COMMUNITY CENTER BUILDING FROM THE LIST OF FACILITIES THAT ALLOW THE SALE, POSSESSION, DISPENSING AND CONSUMPTION OF ALCOHOLIC BEVERAGES.  The motion carried by the following vote:

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

NOES:             Councilmembers - None

ABSENT:        Councilmembers - None

ABSTAIN:       Councilmembers - None

ORDINANCE NO. 942 – AN ORDINANCE OF THE CITY OF CERRITOS ADOPTING A FLOODPLAIN MANAGEMENT PROGRAM AND REGULATIONS AND ADDING CHAPTER 6.36 TO TITLE 6 OF THE CERRITOS MUNICIPAL CODE.

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Cho to waive reading of and adopt ORDINANCE NO. 942 entitled AN ORDINANCE OF THE CITY OF CERRITOS ADOPTING A FLOODPLAIN MANAGEMENT PROGRAM AND REGULATIONS AND ADDING CHAPTER 6.36 TO TITLE 6 OF THE CERRITOS MUNICIPAL CODE.  The motion carried by the following vote:

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

NOES:             Councilmembers - None

ABSENT:        Councilmembers - None

ABSTAIN:       Councilmembers - None

PUBLIC HEARINGS

Consideration of a development proposal by the property owner, Elie G. Malouf to add a new service bay to an existing Union 76 gas and auto service station located at 13363 Artesia Boulevard, Cerritos, California, 90703.  The subject property is zoned CN, Neighborhood-Commercial (APN 7008-015-001).

Negative Declaration

Precise Plan 69-22(B)(2008) Amendment

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

Current Planning Manager Hamilton provided an overview of the staff report dated August 14, 2008.

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

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

A.        Receive, file, certify and approve the Negative Declaration related to Precise Plan 69-22(B)(2008) Amendment as set forth in Cerritos Planning Commission Resolution No. PC 2008-22; and

B.         Approve Precise Plan 69-22(B)(2008) Amendment, making the findings contained in Planning Commission Resolution No. PC 2008-23;

as recommended in the staff report dated August 14, 2008.  The motion carried unanimously.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE 2008 CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089.

Management Analyst Kellam provided an overview of the staff report dated August 14, 2008.

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

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilman Cho to waive reading of and adopt Resolution No. 2008-25 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE 2008 CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089.  The motion carried unanimously.

PENDING LEGAL MATTERS

Resolution for consideration

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS ENDORSING THE CHILDREN'S OUTDOOR BILL OF RIGHTS.

Recreation Superintendent Titus provided an overview of the proposed resolution, noting that it is endorsed by the California Roundtable on Recreation, Parks and Tourism and encourages California's children to participate in outdoor recreational activities and discover their heritage.

Alon Barlevy, Cerritos resident and Parks and Recreation Commissioner, noted that the Children's Outdoor Bill of Rights is a concept and not a recommended program.

Discussion ensued regarding the varied programs currently provided by the City that encompass the ten fundamental list of experiences outlined in the Children's Outdoor Bill of Rights; the possibility of referring the matter to the Parks and Recreation Commission to develop a program aimed at encouraging outdoor activities in conjunction with the Children's Outdoor Bill of Rights; and the possibility of implementing a promotional program where participants would earn certificates/medals for participating in activities suggested in the list of experiences.

MOTION:  It was moved by Councilman Cho and seconded by Councilwoman Lee to waive reading of and adopt RESOLUTION NO. 2008-26 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS ENDORSING THE CHILDREN'S OUTDOOR BILL OF RIGHTS.  The motion carried unanimously.

Consideration of proposed amendments to City Charter regarding City Council term limitations.

City Attorney Steres reviewed the staff report dated August 14, 2008 regarding proposed amendments to the City Charter regarding City Council term limitations, as directed by the City Council at its May 8, 2008 meeting.

Chris Fuentes, Cerritos resident, provided background information regarding the charter initiative process that resulted in City Council term limitations; suggested that any change to the Charter in this regard be undertaken as an initiative; and further suggested only a two-term limit should the matter go to the voters.

Alon Barlevy, Cerritos resident, suggested a multiple choice ballot question rather than individual questions; asserted that any voter-approved term limitation should apply to current Councilmembers with two years remaining on their terms; and commented that repealing terms limits should not be an option.

Paul Bellenbaum, Cerritos resident, commented on voter registration and minority language requirements as well as reducing the number of precincts.

Discussion was held regarding current charter provisions; potential charter language alternatives; whether or not any change in term limits would apply to partial Council terms served; and the possibility of modifying the definition of a Council term.

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilman Cho to continue consideration of proposed amendments to the City Charter regarding City Council term limitations to the September 11, 2008 City Council meeting.

PUBLIC WORKS ACTIVITIES

Consideration and award of contract for the sole source purchase and installation of a replacement Rosemount 8705 Flow Meter Tube for water pumping equipment at the C-2 Booster Station, Cerritos Corporate Yard, 16450 Marquardt Avenue, Cerritos, CA, 90703 (APN 7003-002-900).

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Chen that the City Council make the following findings with regard to the Rosemount 8705 Flow Meter Tube the C-2 Booster Station, Cerritos Corporate Yard, 16450 Marquardt Avenue, Cerritos, CA:  that an emergency exists requiring the immediate replacement of the flow meter tube; that the unique qualities of the Rosemount product make it specially suited for the specific use at the C-2 Booster Station; that staff has negotiated fair and reasonable terms for the products and services; that staff has satisfied the purposes of the Bidding Statute of the Cerritos Municipal Code, and that it is reasonable and necessary to sole source the purchase and installation of the magnetic flow meter tube; and authorized the Senior Assistant City Manager to negotiate and execute a contract with Rosemount Inc. for the proposed project, appropriating sufficient funds to complete the proposed work estimated at $27,000.  The motion carried unanimously.

NEW AND OLD BUSINESS

Consideration of City/Agency annual financial auditing services.

Finance Manager Lingad provided an overview of the staff report dated August 14, 2008 and discussion followed regarding competitive fees; benefits of the bidding process; unique financial expertise required for City/Agency work; and qualifications of the current auditor and rotation of auditing staff.

MOTION FAILS:  It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Chen to table consideration of City/Agency annual financial auditing services and direct staff to contact financial consultant Len Wood to conduct a study session in early Summer of 2009 for staff and the Council/Agency to clarify options open to the City/Agency with regard to financial auditing services.  The motion failed with Councilman Cho, Councilwoman Lee, and Mayor Edwards dissenting.

MOTION:  It was moved by Councilman Cho and seconded by Councilwoman Lee to direct that an open bid process for City/Agency annual financial auditing services be undertaken; and that the bid documents include a multi-year component as well as reference to the level of seniority and expertise level of staff undertaking the work, specifying the use of more senior staff.  The motion carried unanimously.

Consideration of a residential Christmas lights display recognition program.

Community and Safety Services Director Berg provided an overview of the staff report dated August 14, 2008.

Alon Barlevy, Cerritos resident, expressed that a Christmas lights display recognition program would encourage energy consumption.  He called upon the Council to refrain from such a program and to promote energy conservation.

Following a discussion regarding the festive nature of Christmas lights versus the need to conserve energy, there was no action taken on consideration of a residential Christmas lights display recognition program.

Consideration of an administrative citation process related to property maintenance and other Municipal Code violations.

Community and Safety Services Director Berg reviewed the staff report dated August 14, 2008, and provided an overview of the current citation process and the proposal to include administrative citation as an additional means of addressing property maintenance violations.  Discussion followed regarding the benefits and efficiencies associated with administrative citations in Code Enforcement cases that would not require pursuing criminal prosecution.

MOTION:  It was moved by Councilwoman Chen and seconded by Councilman Cho to direct staff to prepare an ordinance for City Council consideration creating an administrative citation process related to property maintenance and other Municipal Code violations as outlined in the staff report dated August 14, 2008.  The motion carried unanimously.

Review of 2009 City Council/Redevelopment Agency meeting dates and possible rescheduling of dates conflicting with holidays and/or other events.

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Lee to modify the 2009 City Council meeting schedule as follows:

Thursday, January 29, 2009      in lieu of            Thursday, January 22, 2009

Monday, May 11, 2009           in lieu of            Thursday May 14, 2009

Tuesday, May 26, 2009           in lieu of            Thursday, May 28, 2009*

Tuesday, June 9, 2009              in lieu of            Thursday, June 11, 2009

Monday, November 16, 2009  in lieu of            Thursday, November 12, 2009

Monday, November 23, 2009  in lieu of            Thursday, November 26, 2009

Thursday, December 24, 2009                         Cancel

*Property Preservation Commission will move its Tuesday, May 26, 2009 meeting to Tuesday, May 19, 2009.

The motion carried unanimously.

REPORT ON PENDING LEGISLATION

Assistant City Manager Matsumoto reported that City-sponsored Assembly Bill 2000 relating to rollover of Regional Housing Needs Assessment allocations has passed the Assembly and the Senate and is before the Governor for signature.  She also reported on Senate Bill 375 regarding transportation planning.

CONSENSUS:  At the suggestion of Mayor Pro Tem Barrows, staff was directed to monitor and report back to the City Council on Proposition 1, which relates to high-speed passenger train bonds.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS

Councilwoman Lee commented briefly on her recent trip to Beijing, China last week during the Olympics.

Councilman Cho reported on his attendance at the August 11, 2008 22nd Annual Korean-American Soccer Tournament sponsored by the Cerritos Korean Soccer Club.  He noted that Tournament attendees commented on the closure of soccer fields for annual maintenance and suggested the Council direct staff to report back at a future meeting regarding the possible use of artificial turf on City soccer fields to avoid closure of fields for maintenance purposes.  Discussion ensued regarding the maintenance and cost-saving benefits of artificial turf as well as safety issues for sports participants that are associated with the tendency of artificial turf to reach extremely high temperatures.  Consensus was not reached on this matter.

Mayor Pro Tem Barrows commented on his attendance at the League of California Cities Los Angeles Division Meeting at which he took the Oath of Office as Treasurer of that organization.

Mayor Edwards commented on his attendance at the Youth Soccer Awards, City Wide Pride Event, and Teen Volunteer Recognition Dinner; noted the opening season for the Cerritos Center for the Performing Arts this coming Saturday; and announced the Philippine-American Services Group traveling exhibit of World War II photographs at the Library from August 16 through August 28, 2008.  He referenced a thank you letter from Commanding Officer of the United States Marine Corps 1st Combat Engineer Battalion Major Brian Dwyer for the City's support through the Friends of the 1st CEB.

CLOSED SESSION

The City Council/Redevelopment Agency convened in Closed Session at 10:05 p.m.  The meeting reconvened at 11:45 p.m. with all Councilmembers in attendance.

CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION pursuant to Subdivision (a) of CALIFORNIA Government Code Section 54956.9

Name of case:  City of Cerritos, et al. v. All Persons Interested in the Matter of the Validity of an Affordable Housing, Financing, and Disposition and Development Agreement, and Related Cross-Actions; Case Number:  Los Angeles Superior Court Case No. VC050114.

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Cho to direct the attorneys to continue to review pending litigation regarding the proposed Cuesta Villas senior housing development and to report back after the next court hearing.  The motion carried unanimously.

Personnel matters pursuant to CALIFORNIA Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS

Agency Negotiators:  Vince Brar, Denise Manoogian, Patricia Leyva and Charles Goldstein

Employee Organization:  AFSCME, Local 619

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Chen to authorize labor negotiators authority to continue negotiating and to keep the Council informed of progress as it relates to said negotiations.  The motion carried unanimously.

PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54957 AND LABOR NEGOTIATIONS WITH UNREPRESENTED EMPLOYEES PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54957.6

Title:  City Manager

Agency Designated Representative:          Art Gallucci

Title:  City Clerk

Agency Designated Representative:          Josephine Triggs

Agency Designated Representatives:        Mayor Jim Edwards and Mayor Pro Tem Bruce W. Barrows

This closed session item was not held.

ADJOURNMENT

The meeting adjourned at 11:50 p.m.

/s/ Josephine Triggs
Josephine Triggs, City Clerk


ATTEST:

/s/ Jim Edwards
Jim Edwards, Mayor

Approved:  August 28, 2008

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