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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 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

Councilwoman Lee 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:

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

CONSIDERATION OF APPOINTMENTS TO COMMISSIONS, COMMITTEES AND BOARDS

MOTION:  It was moved by Councilman Cho and seconded by Councilwoman Lee to appoint Julietta Williams to the Fine Arts and Historical Commission and to appoint Gloria Kappe to the Board of the Friends of Arts Education at the Cerritos Center for the Performing Arts.  The motion carried unanimously.

Reference was made by the Mayor to Los Angeles and Orange counties initial discussions regarding possible boundary changes, and it was noted that the City would continue to monitor and participate in this matter as discussions are held.

PUBLIC COMMENTS AND SUGGESTIONS

Katherine Chu, Cerritos resident, indicated that the Mayor should not have voted on the portion of the budget adopted by the Council with regard to the Gahr High School refurbishment capital improvement because of a potential conflict of interest related to his association with the ABC Unified School District.

Mayor Edwards clarified that as of June 2005 he retired from the ABC Unified School District, noted he represents the residents of Cerritos and not the School District, and that he will continue to vote in the best interests of Cerritos residents.

Robin Sumner, Cerritos resident, referenced the City's recreational adaptive program, noting that at a previous Council meeting the matter of expansion of the program was referred to the Parks and Recreation Commission for a report back to the City Council.  She inquired about the status of the report.


City Manager Gallucci indicated that staff has met with parents of adaptive program participants regarding this matter.  It was noted that parents who attended the meetings with City staff were apprised of the September 4, 2008 Parks and Recreation Commission meeting at which this matter would be addressed and would also receive additional notification as requested.

David Brown, Cerritos resident, expressed security concerns with regard to the height of the arterial block wall that borders his house on Shoemaker Avenue.  He asserted that the Shoemaker Avenue overpass was constructed after the homes were built and the City should bear the expense of extending the height of the block wall.

Rita Quintana, Cerritos resident, commented on privacy issues associated with those traversing the Shoemaker Avenue overpass looking into her home and traffic that generates excessive noise.  She asked that the City Council assist residents in that area by increasing the height of the block wall.

Gay Arakawa, Cerritos resident, referenced the City's recreational adaptive program, noting shortened class session length, fewer slots, and increased fees for the upcoming season.

Discussion ensued regarding efforts to bring adaptive class fees more in line with the non-adaptive classes; the higher instructor to student ratio required for adaptive classes; the specialized instructor training required of adaptive instructors; and the possibility of guidelines to determine when class fee increases are brought before the City Council.

Steve Stallings, Cerritos resident, reiterated his request that the City increase the height of the Shoemaker Avenue perimeter block wall between 183rd Street and Droxford Avenue, noting that residents in this area would be pursuing resolution of this situation.

Ram Kakkar, Cerritos resident, also referenced the Shoemaker Avenue overpass block wall and expressed security concerns, noting that affected residents plan to meet with Councilmembers individually to discuss their concerns.

Chris Foster, Cerritos resident, referenced the City's recreational adaptive program and asked that the Council look upon the requests of parents as a human issue rather than a fiscal issue.

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 August 28, 2008, Checks 102021 through 102329, in the total amount of $7,858,588.87.  The motion carried unanimously.

Approval of Treasurer's Report

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilman Cho to approve the Treasurer's Report for the period ending July 31, 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 August 14, 2008.  The motion carried unanimously.

PUBLIC HEARINGS

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS, CALIFORNIA, APPROVING THE AGREEMENT BETWEEN THE CITY OF CERRITOS AND THE CITY OF WEST HOLLYWOOD, CALIFORNIA, REGARDING THE EXCHANGE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR GENERAL FUNDS FOR THE FISCAL YEAR 2008-2009.

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

Advance Planning/Redevelopment Manager Lopez provided an overview of the staff report dated August 28, 2008.

Interested parties were invited to present testimony.

Katherine Chu, Cerritos resident, asked that the exchanged monies be allocated to the City's recreational adaptive program.

No one else wishing to speak, the public hearing was closed.

MOTION:  It was moved by Councilwoman Chen and seconded by Councilwoman Lee to waive reading of and adopt Resolution No. 2008-27 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS, CALIFORNIA, APPROVING THE AGREEMENT BETWEEN THE CITY OF CERRITOS AND THE CITY OF WEST HOLLYWOOD, CALIFORNIA, REGARDING THE EXCHANGE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR GENERAL FUNDS FOR THE FISCAL YEAR 2008-2009; and authorize the City Manager to execute those agreements applicable to this fund exchange of the City of Cerritos Fiscal Year 2008-2009 Community Development Block Grant Fund allocation for not less than 67 cents on the dollar in General Fund monies.  The motion carried unanimously.

It was noted by the City Manager that the exchanged funds would go into the General Fund, with further specific allocation to be determined by the City Council.

PENDING LEGAL MATTERS

Resolution for consideration

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS RESTRICTING AND/OR PROHIBITING THE PARKING OF MOTOR VEHICLES ON PORTIONS OF ARTESIA BOULEVARD WITHIN THE CITY OF CERRITOS, AMENDING RESOLUTION NO. 76-51, AND REPEALING RESOLUTION NO. 88-6.

Assistant City Engineer Vancheswaran reviewed the staff report dated August 28, 2008.  A brief overview of the Gahr High School traffic circulation improvements was also provided.

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Cho to waive reading of and adopt Resolution No. 2008-28 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS RESTRICTING AND/OR PROHIBITING THE PARKING OF MOTOR VEHICLES ON PORTIONS OF ARTESIA BOULEVARD WITHIN THE CITY OF CERRITOS, AMENDING RESOLUTION NO. 76-51, AND REPEALING RESOLUTION NO. 88-6.  The motion carried unanimously.

PUBLIC WORKS ACTIVITIES

Consideration and award of contract for the construction of street improvements in Artesia Boulevard from Bloomfield Avenue to Carmenita Road, Project No. 14005, Bid No. 1077-09.

MOTION:  It was moved by Councilwoman Lee and seconded by Councilwoman Chen that the City Council award a contract for the construction of street improvements in Artesia Boulevard from Bloomfield Avenue to Carmenita Road, Project No. 14005, Bid No. 1077-09, to Sully Miller Contracting in the amount of $609,000.85, and reject all other bids.  The motion carried unanimously.

NEW AND OLD BUSINESS

Review and consideration of an estoppel certificate and consent in connection with a financing proposal by Sheraton Cerritos Hotel owner Sunstone Center Court, LLC, to add the hotel owner as a guarantor to a corporate credit facility.

Management Analyst Carey provided an overview of the staff report dated August 28, 2008.

Bryan Giglia, Vice President of Corporate Finance Sunstone Center Court, LLC, responded to City Council inquiry by stating that there is no debt on the hotel at this time and the proposal would not allow Sunstone to take on more debt, but is replacing a hotel that was sold.

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Cho to authorize the City Manager to execute the estoppel certificate and consent in connection with a financing proposal by Sheraton Cerritos Hotel owner Sunstone Center Court, LLC, to add the hotel owner as a guarantor to a corporate credit facility substantially in the form submitted with the staff report dated August 28, 2008.  The motion carried unanimously.

Review and consideration of standard wall details for arterial block walls.

Advance Planning/Redevelopment Manager Lopez reviewed the staff report dated August 28, 2008.

A brief discussion followed and it was noted that details regarding selection of pilasters were being developed and that consistency along a length of an arterial wall as well as along a particular arterial street would be a goal when pilasters are selected.

Steve Stallings, Cerritos resident, asserted that the proposed six-inch slump stone does not have the same life expectancy as the block walls, and that the proposed pilasters are of an artificial material that would lack the same life expectancy of the block walls.  He asked that the City Council take these points into consideration.

Jay Gray, Cerritos resident, expressed that the cost to replace the walls would be a financial hardship to residents and that proposed low interest loans or deferred loans are not a solution.  He offered that the City should bear the cost of the block wall replacement and advise all affected residents of Council consideration of this proposal.

Discussion ensued regarding the proposed standard wall details for arterial block walls and it was pointed out during the discussion that the standard would likely result in a block wall/pilaster life expectancy of 50+ years.  It was noted further that the initial step in addressing block wall replacement was the proposed standard, followed by staff/engineer meetings with affected residents prior to final consideration by the City Council.  Budget allocations in addition to loan/grant programs to assist residents were also discussed, and it was observed that walls not requiring replacement would not be replaced.

MOTION:  It was moved by Councilman Cho and seconded by Councilwoman Lee to approve the standard wall details for arterial block walls as contained in the staff report dated August 28, 2008.  The motion carried unanimously.

Review and consideration of the role and responsibilities of the Fine Arts and Historical Commission.

Assistant City Manager Matsumoto indicated that the City Council continued consideration of this matter from its June 26, 2008 meeting, reviewed the staff report of that same date, and responded to Council inquiries regarding the Beverly Hills model.

Elayne Shiohama, Cerritos resident, indicated she was speaking on her behalf and she serves as Vice Chair of the Cerritos Fine Arts and Historical Commission.  Ms. Shiohama suggested the matter be referred back to the Commission to further define the role of the Commission as an advisory body.

Discussion ensued regarding the advisory role of the Fine Arts and Historical Commission in contrast to that of the Beverly Hills model and the creation of a handbook for the Fine Arts and Historical Commission as a means of providing guidelines for Commission Members.

MOTION DIES FOR LACK OF SECOND:  Following discussion, it was moved by Mayor Pro Tem Barrows to refer the matter of creating a handbook to the Fine Arts and Historical Commission with no changes to the appointment process and no changes to the municipal code, with the addition of the Chairs of the Planning Commission and Parks and Recreation Commission as Members of the Fine Arts and Historical Commission.  The motion died for lack of a second.

MOTION DIES FOR LACK OF SECOND:  It was then moved by Councilwoman Lee to refer the matter back to the Fine Arts and Historical Commission directing the Commission to develop a well-defined handbook with direction not to change the Commission Member selection process and not to change the Municipal Code.  The motion died for lack of a second.

MOTION:  It was moved by Mayor Edwards and seconded by Councilwoman Chen to direct staff to draw up a handbook, which they have done in the past for both the Planning Commission and the Parks and Recreation Commission, in dealing with the Commission as an advisory commission, and then take that to the Fine Arts and Historical Commission for its approval, and then bring that back to the City Council.  The motion carried with Councilman Cho and Mayor Pro Tem Barrows dissenting.

Review and consideration of membership to the Independent Cities Association for the City of Cerritos.

Assistant City Manager Matsumoto reviewed the staff report dated August 28, 2008.

It was noted during ensuing discussion that the Independent Cities Association (ICA) roster includes mainly Los Angeles County cities; the meetings are held on the second Thursday of the month in conflict with City Council meetings; the City is well-served by current membership in existing organizations; and the ICA is not limited to contract issues, provides quality programs and information, and the City's interests should be represented by current organizations as well as the ICA.

MOTION FAILS:  It was moved by Mayor Pro Tem Barrows that the City acquire membership in the Independent Cities Association.  The motion was seconded by Councilwoman Chen and failed with Councilman Cho, Councilwoman Lee and Mayor Edwards dissenting.

REPORT ON PENDING LEGISLATION

City Manager Gallucci indicated that City-sponsored Assembly Bill 2000 passed the Senate and Assembly, however, due to the budget crisis the bill was removed from the Governor's desk to avoid automatic rejection.  He commented further on the potential taking of redevelopment increment by the State in an effort to end the Budget stalemate and cities' efforts to prevent the taking.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS

Councilwoman Chen reported on her attendance at the dedication of the Alex Beanum Therapeutic Riding Arena.

In response to Councilwoman Lee, City Manager Gallucci commented on freeway off/on-ramps by Caltrans.

CONSENSUS:  At the suggestion of Councilwoman Lee, it was the consensus of the City Council to direct that the matter of installation of flag poles, planting of trees, or other recognition in memory of those who have passed away be referred to the Parks and Recreation Commission for study and report back to the City Council.

Councilman Cho reported on his participation in activities in recognition of Korea Independence Day and India Independence Day; his attendance at the Cerritos Korean Tennis Club Korean Independence Day Tournament on August 17, which was open for the first time to all cultural communities, and his sponsorship of a Neighborhood Meet and Greet/Korean style B.B.Q. on August 23 to discuss issues of interest to residents of the west side of the City.

Mayor Edwards commented on the success of the Cerritos Center for the Performing Arts Opening Night sold-out performance of Bernadette Peters and his attendance at the Alex Beanum Therapeutic Riding Arena and the Cerritos Korean Tennis Club Korean Independence Day Tournament awards ceremony on August 17.  The Mayor also read a letter of thank you from Meritorious Marine Corporal William L. Bain for City-sponsorship of his recent visit to Cerritos, and announced the Marine Corps 1st Combat Engineer Battalion Golf Classic scheduled for October 18, 2008.

ADJOURNMENT

The meeting adjourned at 9:25 p.m.

/s/ Josephine Triggs
Josephine Triggs, City Clerk

ATTEST:

/s/ Jim Edwards
Jim Edwards, Mayor

Approved:  September 11, 2008

 

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