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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD SEPTEMBER 25, 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 Joseph Lo of the First Evangelical Church of Cerritos offered the invocation.

PLEDGE OF ALLEGIANCE

Girl Scout Troop 767 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

Fine Arts and Historical Commissioner Janet Beach accepted proclamations observing October 3, 2008 as California Arts Day and the month of October 2008 as National Arts and Humanities Month.

CONSIDERATION OF APPOINTMENTS TO COMMISSIONS, COMMITTEES AND BOARDS

MOTION:  It was moved by Councilwoman Lee and seconded by Mayor Pro Tem Barrows to appoint Frederick F. Shen to the Let Freedom Ring Committee and Pierre Barit to the Community Safety Committee.  The motion carried unanimously.

Mr. Shen and Mr. Barit took the oath of allegiance.

PUBLIC COMMENTS AND SUGGESTIONS

Jay Gray, Cerritos resident, questioned the calculations contained in a City document dated February 29, 2008 with regard to costs to rehabilitate arterial block walls, noting that based on these calculations the block walls would cost $27,000 each.

Steve Stallings, Cerritos resident, commented on State codes related to boundary fences, asserting that according to his research the arterial block walls may be owned by both the residents and the City, and he asked for clarification from the City regarding this point.  Mr. Stallings also referenced willful trespass and potential mortgage ramifications with regard to the arterial block wall rehabilitation and asked that these issues be addressed prior to moving forward.

PUBLIC COMMENTS AND SUGGESTIONS

Federico Quinto, Jr., Cerritos resident, suggested the use of non-union labor for the arterial block wall rehabilitation and called for a liaison officer to answer residents' inquiries.

A. R. Jha, Cerritos resident, asserted that the cost estimate for the arterial block wall rehabilitation is excessive and suggested utilizing non-union labor.

Vikram Turakhia, Cerritos resident, commented on the Shoemaker Avenue arterial block wall, noting that it presents noise and security concerns as presently constructed, and indicated that residents should not bear the cost of the arterial block wall rehabilitation program.

Ram Kakkar, Cerritos resident, requested a response with regard to a petition he submitted relating to the Shoemaker Avenue arterial wall; requested transparency and a good line of communication with affected residents; referenced an approved expenditure in the budget related to arterial block walls; and asserted that residents were not required to pay for other arterial block wall replacements on 183rd Street and the north side of South Street between Belshire and Stefani.

MOTION:  Following discussion, it was moved by Councilman Cho and seconded by Mayor Pro Tem Barrows to direct a report back at the October 23, 2008 City Council meeting with regard to issues raised over the arterial block wall rehabilitation program as well as the Shoemaker Avenue block wall, and to notify affected residents of the meeting.  The motion carried unanimously.

The following agenda item was taken out of order.

PENDING LEGAL MATTERS

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS IN OPPOSITION TO ANY PROPOSAL TO RE-ALIGN THE JURISDICTIONAL BOUNDARY BETWEEN LOS ANGELES COUNTY AND ORANGE COUNTY AND REQUEST THAT ALL PROPERTIES LOCATED IN THE CITY OF CERRITOS BE REMOVED FROM CONSIDERATION IN THE PROPOSAL TO RE-ALIGN THE JURISDICTIONAL BOUNDARY BETWEEN LOS ANGELES COUNTY AND ORANGE COUNTY.

Consideration to authorize the City Clerk to forward copies that have been received by the City of Cerritos of the "Protest to Proposed County Boundary Changes" to the Los Angeles County Board of Supervisors.

Consideration of report concerning procedures for a boundary change between Orange County and Los Angeles County.

Assistant City Manager Matsumoto provided an overview of the staff report dated September 25, 2008 with regard to the proposed resolution, and the City Attorney reviewed his report to the City Council dated September 25, 2008 concerning procedures for a boundary change between Orange County and Los Angeles County.

During ensuing discussion it was suggested that the 75% figure in the Resolution representing the percentage of residents in the affected area opposed to the boundary change be modified to 80% and that the Resolution, if adopted, be sent to both the Los Angeles and Orange County Boards of Supervisors.  Additional discussion was held regarding the boundary change public hearing procedure and it was pointed out that the City has advised Orange County Board of Supervisors Chairman Moorlach's Chief of Staff that the City is not interested in any boundary line adjustment that affects Cerritos properties.

Rich Nagel, Cerritos resident, opposed the boundary change and suggested the Resolution and protests also be sent to the Orange County Local Agency Formation Commission.

Luanna Cancino, Cerritos resident, indicated that Cerritos residents want to stay in Los Angeles County as Cerritos residents and asked that future notices regarding this matter be forwarded to affected residents.

Jay Vaswani, Cerritos resident, urged the Council to be vigilant in this matter and asked that duplication of services be avoided, since that was one reason given for suggesting the boundary change.

Yvette Doucette, Cerritos resident, spoke in opposition to the boundary change proposal and asked that the protests be forwarded to the Los Angeles County Board of Supervisors.

Ram Gupta, Cerritos resident, opposed the proposed boundary change and added that the Orange County boundary change report indicates that if more than 50% written protests are received the County must abandon the proposal.

Hiro Badlani, Cerritos resident, indicated his sentimental attachment to Cerritos and spoke against the boundary change proposal.

Julio Gonzalez, Cerritos resident, opposed the proposed boundary change.

Lois Novak, Cerritos resident, expressed her preference to remain in the City of Cerritos.

In response to City Council inquiry, the City Attorney indicated that the written protests received by the City would constitute written protests for this matter and that copies of these protests would be forwarded to the Boards of Supervisors as directed by the City Council, with the originals remaining with the City until such time as they are required to be submitted to the County, if necessary.  He added that a public hearing would not be required by the City Council for the adoption of the proposed resolution.

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Lee to waive reading of and adopt Resolution No. 2008-30 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS IN OPPOSITION TO ANY PROPOSAL TO RE-ALIGN THE JURISDICTIONAL BOUNDARY BETWEEN LOS ANGELES COUNTY AND ORANGE COUNTY AND REQUEST THAT ALL PROPERTIES LOCATED IN THE CITY OF CERRITOS BE REMOVED FROM CONSIDERATION IN THE PROPOSAL TO RE-ALIGN THE JURISDICTIONAL BOUNDARY BETWEEN LOS ANGELES COUNTY AND ORANGE COUNTY, as amended to change the 75 percent reference to 80 percent; and direct the City Clerk to forward Resolution No. 2008-30 as well as copies of the "Protest to Proposed Boundary Changes" from the affected residents to the Los Angeles County Board of Supervisors, Orange County Board of Supervisors, Los Angeles County Local Agency Formation Commission and the Orange County Local Agency Formation Commission.  The motion carried, with Councilman Cho abstaining.

Councilman Cho indicated his support of the Council action, however, he indicated his preference to conduct a public hearing at the next Council meeting before making a decision on this matter to avoid any challenges and ensure due process.

The regular order of the Agenda was resumed at this time.

CONSENT CALENDAR

Approval of Register of Demands

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Chen to approve the Register of Demands dated September 25, 2008, Checks 102636 through 103072, in the total amount of $8,527,409.33.  The motion carried unanimously.

Approval of Minutes

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Chen to approve the Minutes of the Regular Meeting of September 11, 2008.  The motion carried unanimously.

Ordinance for second reading and adoption.  Reading of ordinance waived and ordinance adopted.

ORDINANCE NO. 943 – AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 22.29 OF THE CERRITOS MUNICIPAL CODE TO ADD MARTIAL ARTS ACADEMIES AS A CONDITIONALLY PERMITTED USE IN THE INDUSTRIAL/ COMMERCIAL (MC) ZONE.

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Chen to waive reading of and adopt Ordinance No. 943 entitled AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 22.29 OF THE CERRITOS MUNICIPAL CODE TO ADD MARTIAL ARTS ACADEMIES AS A CONDITIONALLY PERMITTED USE IN THE INDUSTRIAL/COMMERCIAL (MC) ZONE.  The motion carried by the following vote:

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

NOES:             Councilmembers - None

ABSENT:        Councilmembers - None

ABSTAIN:       Councilmembers - None

Miscellaneous

Report to the City Council/Redevelopment Agency/Public Financing Authority regarding biennial review of Conflict of  Interest Codes.

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Chen to receive and file the staff report dated September 25, 2008 entitled Report to the City Council/Redevelopment Agency/Public Financing Authority regarding biennial review of Conflict of Interest Codes.  The motion carried unanimously.

PUBLIC HEARINGS

The following items were considered concurrently.

Councilwoman Chen left the Council Chambers at this juncture due to a potential conflict of interest related to her ownership of property within 500 feet of the proposal.

Consideration to waive reading of and introduce AN ORDINANCE OF THE CITY OF CERRITOS AMENDING CHAPTER 22.27, CR—REGIONAL COMMERCIAL ZONE, OF THE CERRITOS MUNICIPAL CODE TO REDUCE OFF-STREET PARKING STANDARDS FOR SHOPPING CENTERS GREATER THAN 100,000 SQUARE FEET IN GROSS FLOOR AREA.

Mitigated Negative Declaration*

Development Code Amendment 2008-4

*One Mitigated Negative Declaration was prepared for Precise Plan 2008-11 and Development Code Amendment 2008-4.

A development proposal by Macerich Cerritos, LLC, 401 Wilshire Boulevard, Suite 700, Santa Monica, California, 90401-1452, to demolish the building located at 300 Los Cerritos Center, formerly the Robinsons-May Department Store, and to construct a one-story multi-tenant retail commercial expansion and a two-story Nordstrom Department Store building generally located within the northeast quadrant of the Los Cerritos Center.  The Los Cerritos Center totals ±94.893 acres of land, is zoned Regional Commercial (CR), and is located within the Los Cerritos Redevelopment Project Area (APN 7038-014-012, APN 7038-014-013, APN 7038-014-014, APN 7038-014-015, APN 7038-014-016, APN 7038-014-017).

Cerritos Redevelopment Agency Conformity Report 2008-3

Mitigated Negative Declaration*

Precise Plan 2008-11

*One Mitigated Negative Declaration was prepared for Precise Plan 2008-11 and Development Code Amendment 2008-4.

City Manager Gallucci indicated that the applicant is requesting that the public hearings not be held at this time, and he recommended re-noticing the public hearings for these items for consideration by the City Council at a later date.

It was noted that there were no requests for public input on these items.

Development Code Amendment 2008-4

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Cho that the public hearing for Development Code Amendment 2008-4 and the related Mitigated Negative Declaration be re-noticed for consideration by the City Council at a later date.  The motion carried, with Councilwoman Chen absent.

Precise Plan 2008-11

MOTION:  It was moved by Councilwoman Lee and seconded by Councilman Cho that the public hearing for Precise Plan 2008-11 and the related Mitigated Negative Declaration be re-noticed for consideration by the City Council at a later date.  The motion carried, with Councilwoman Chen absent.

PENDING LEGISLATION

Councilwoman Chen returned to the Council Chambers and resumed her seat at the dais at this juncture.

Report on Pending Legislation

City Manager Gallucci reported on the State budget adoption and discussed specifics with regard to the taking of Redevelopment Agency increment, which will result in the taking of $2.4 million from the Cerritos Redevelopment Agency, and discussion followed regarding potential legal action by the California Redevelopment Association.  He also reported that the City's legislation AB 2000 is on the Governor's desk.

CONSENSUS:  Staff was directed to research and bring back a report regarding the impact of the State's actions with regard to taking of Cerritos Redevelopment Agency monies.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS

Mayor Pro Tem Barrows reported on Measure R and AB 375.

Councilwoman Chen and Councilman Cho reported on their attendance at the League of California Cities Conference in Long Beach, which concludes on Saturday.

Mayor Edwards indicated he is also attending the League Conference and invited the public to the dedication of Mirage, a new piece in the Cerritos Sculpture Garden, on Friday, October 3, 2008 at 5:30 p.m. with a concert at 6:30 p.m.  He also noted that October is Arts Month in the City of Cerritos and urged residents to participate in arts activities.

CLOSED SESSION

The City Council convened in Closed Session at 9:00 p.m.

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

The meeting reconvened at 9:30 p.m. with all Councilmembers in attendance and staff was directed to proceed with the meet and confer process as appropriate.

ADJOURNMENT

The meeting adjourned at 9:30 p.m. in memory of former Mayor and Councilman Paul Bowlen's mother-in-law Voneta Aday and his father Reverend Edward C. Bowlen, both of whom recently passed away.

/s/ Josephine Triggs
Josephine Triggs, City Clerk

ATTEST:

/s/ Jim Edwards
Jim Edwards, Mayor

Approved:  October 9, 2008

 

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