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Cerritos City Council Meeting Minutes

MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CERRITOS
HELD OCTOBER 9, 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

Reverend Dr. Keith Tanis of New Life Community Church offered the invocation.

PLEDGE OF ALLEGIANCE

Boy Scout Troop 693 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

Assistant Fire Chief David Richardson was presented with a proclamation recognizing the month of October 2008 as Fire Prevention Month in the City of Cerritos.

PUBLIC COMMENTS AND SUGGESTIONS

Dr. A. R. Jha, Cerritos resident, urged the Council to withdraw consideration of arterial block wall replacement given the costs associated with the wall construction and the current economic environment.

Federico Quinto, Cerritos resident, presented a petition against arterial block wall replacement.  He commented on the possible use of non-union labor for arterial block wall construction and requested active participation in exploring cost-saving alternatives, with the City contributing toward the cost of the wall construction.

Humilde S. Prudencio, Jr., Cerritos resident, noted that during the real estate transaction to purchase his home he had not been apprised that maintenance of the arterial block wall was the responsibility of the homeowner and suggested that future transactions should require this disclosure.  He commented on the need for competitive bidding and asked for reconsideration of arterial block wall replacement because it may not be in the best interests of the residents.

Nelson Chou, Cerritos resident, asserted that arterial block wall rehabilitation would present a financial hardship because he is on a fixed income, and he reiterated previous comments regarding real estate disclosure of arterial block wall maintenance.  He added that the proposal is unfair and asked that it be reconsidered.

Sandra Watanabe, Cerritos resident, asked for reconsideration of arterial block wall rehabilitation due to the excessive cost and financial hardship.

Steve Stallings, Cerritos resident, asserted that the arterial block wall rehabilitation is subject to Proposition 218 or a special tax election; commented on damage awards with regard to boundary wall disputes and potential financial risk to the City; and asserted that comment was made at the December 13, 2007 City Council meeting regarding sharing of arterial block walls in the context of the residential waste management franchise.

Ram Kakkar, Cerritos resident, expressed that increased traffic, noise and trash and security concerns of residents along Shoemaker Avenue between Droxford and 183rd Streets as a result of the Towne Center construction require the extension of the Shoemaker Avenue arterial block wall in this area.

Elsie Mallari, Cerritos resident, indicated that arterial block wall rehabilitation would pose additional economic stress for residents on Thornlake Avenue and asked for reconsideration.

Janice Igarashi, Cerritos resident, asked that the City absorb or share in the cost of arterial block wall rehabilitation.

Jay Gray, Cerritos resident, noted that the Shoemaker Avenue arterial block wall issue and the arterial block wall rehabilitation are different and separate issues.  He requested consideration of the petition submitted by Ram Kakkar to raise the height of the Shoemaker Avenue arterial block wall.  With regard to arterial block wall rehabilitation, Mr. Gray asked for consideration of the petition presented this evening; asserted that comments regarding sharing arterial block walls were made at the December 13, 2007 Council meeting; commented on Council direction at its January 10, 2008 meeting to place on the next meeting agenda consideration of a six percent surcharge related to residential waste management for block wall replacement; opined that the plan is poorly researched, appears to violate state laws, and places a financial burden on residents; and questioned the priorities of the City Council.

Doris Chou, Cerritos resident, indicated her husband, Nelson Chou, had spoken on behalf of her family.

Sherry Hunt, Cerritos resident, noted apparent inconsistencies associated with proposed loans for arterial block wall rehabilitation and commented on the hardships in the current economic environment.  She requested clarification with regard to potential placement of the fence on residents' properties.

Wilfredo Credo, Cerritos resident, expressed that the street trees are pushing against his backyard block wall and noted his concern that the wall may fall as a result.  He asked that the City look into this matter.

Labdhi Sheth, Norwalk resident and Whitney High School student, invited the community to an e-waste fundraising event sponsored by the Indian Parent Association at Whitney High School on Saturday, October 18 from 10 a.m. to 2 p.m.

Cindy Yen Chen, Cerritos resident and Whitney High School Foundation Chairperson, invited the community to the Whitney High School Fall Festival on October 25, 2008.

Marie O'Donnell, Cerritos resident, thanked the City for its condolences and reward offered in the murder of her grandson Jonathan Muse; appealed for the return of a photograph of her grandson that was taken from her automobile; and commented on a Memorial Fund through Wells Fargo Bank.

It was noted that the photograph could be returned to any City facility with no questions asked.

At this juncture an announcement was made that the City Council would consider the arterial block wall rehabilitation matter at its next meeting on October 23, 2008.

CONSENT CALENDAR

Approval of Register of Demands

MOTION:  It was moved by Councilwoman Lee and seconded by Mayor Pro Tem Barrows to approve the Register of Demands dated October 9, 2008, Checks 103073 through 103374, in the total amount of $9,913,796.72.  The motion carried unanimously.

Approval of Treasurer's Report

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

Approval of Minutes

MOTION:  It was moved by Councilwoman Lee and seconded by Mayor Pro Tem Barrows to approve the Minutes of the Regular Meeting of September 25, 2008.  The motion carried unanimously.

Agenda Item 11C was taken out of order.

NEW AND OLD BUSINESS

Consideration and review of adaptive recreation programming and structure.

Community and Safety Services Director Berg and Recreation Superintendent Titus provided an overview of the staff report dated October 9, 2008, including Parks and Recreation Commission and staff recommendations.  The following formatting corrections to the staff report were noted:  Attachment 2, Programs offered as of Fall 2008, Non-Adaptive Recreation Programs changes:  Friday Night Kids Resident Fee from

$22 to $9/Non-Resident Fee from $33 to $14; Kidz Art Resident Fee from $37 to $76/Non-Resident Fee from $56 to $114; Private Swim Lessons (1-to-1 ratio) Resident Fee from $9 to $85/Non-Resident Fee from $14 to $128; and Semi-Private Swim Lessons (1-to-3 ratio) Resident Fee from $85 to $60/Non-Resident Fee from $128 to $89.

Katherine Patel, Cerritos resident, provided letters containing statistical data and information related to Cerritos residents/students who may be potential adaptive recreation program participants.

Katherine Chu, Cerritos resident, asked that the adaptive recreation program fee structure be examined in the context of economic hardships experienced by some adaptive program participant families, senior citizen programming, and non-adaptive programming extras such as t-shirts and awards.

Chris Foster, Cerritos resident, urged the City Council to approve the recommended full-time adaptive recreation coordinator position.

Alon Barlevy, Cerritos resident and Parks and Recreation Commissioner, commented on the Parks and Recreation Commission recommendations presented to the City Council for consideration this evening.  He noted the Commission considered a recommendation to open the adaptive recreation program to non-residents, which he favors, but the recommendation failed on a 3-2 vote.

Gail Grossman, Cerritos resident, indicated she is a Parks and Recreation Commissioner and noted she was not speaking as a Commissioner, but as a concerned resident.  She urged the City Council to support the recommendations as presented.

Joseph Lau, Senior Pastor, First Evangelical Church of Cerritos, indicated that families with special needs children require help because their financial obligations are greater, and he recommended that the budget for the adaptive recreation program remain intact in addition to the full-time coordinator.

The following points were then discussed:  the possibility of utilizing the Cerritos Regional Park swimming pool to address program capacity issues and reviewing the adaptive fee schedule; the proposed budget for the adaptive recreation program is larger than in previous years; the Parks and Recreation Commission recommendation did not contain an advisory board, however, staff would continue to meet with parents as requested; adaptive participants would be invited to fully participate in awards ceremonies; and use of Community Development Block Grant funds would fund the additional staff person and budget considerations would be carefully monitored for future allocations.

MOTION:  It was moved by Mayor Edwards and seconded by Councilwoman Chen that the amount of $95,000 be appropriated from the unrestricted, general fund monies that were received from the City of West Hollywood in a trade for the City's Community Development Block Grant (CDBG) monies to provide for the salary and benefits of one new, full-time staff member who will be assigned the responsibility of administering the adaptive recreation program; authorize the addition of three hourly staff members assigned to support the program, totaling approximately $50,000 in staff salaries and benefits; and authorize program expenses at approximately $9,000, for a total program allocation of approximately $154,000.  The motion carried unanimously.

Agenda Item 11a was taken out of order.

NEW AND OLD BUSINESS

Consideration of a flagpole dedication request at Sunshine Park in memory of Loring Hughes.

Due to a potential conflict of interest relating to her residence being located across the street from Sunshine Park, Councilwoman Chen left the Council Chambers at 9:15 p.m.

Discussion was held regarding the City's intent to illuminate the United States Flag around the clock, with care to not affect surrounding residents, and if the illumination is not possible, the Flag would be raised and lowered by staff, however, there may be days when the Flag would not be raised in the event there is no staff available to do so.

Kendall Nishibayashi, Cerritos resident and former Senior Patrol Leader of Boy Scout Troop 693, commented on the Troop's frequent use of Sunshine Park and the guidance and contributions of Loring Hughes.

Benjamin Domae, Cerritos resident and Member of Boy Scout Troop 693, discussed examples of other flagpole dedications and noted the positive influence of Loring Hughes.

Lawrence Stern, Cerritos resident and Boy Scout Troop 693 Assistant Scout Master, noted the Troop had raised enough money to pay for the purchase of the flagpole; requested a plaque be permanently affixed to the base of the flag pole; and acknowledged the commitment of Loring Hughes to the Boy Scouts.

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilman Cho that the City Council concur with the Parks and Recreation Commission's recommendation to install a flagpole at Sunshine Park; dedicate it to the memory of Loring Hughes; and authorize the amount of approximately $1,500 to fund the cost of the installation of the flagpole, as recommended in the staff report dated October 9, 2008; and to authorize a permanent plaque at the base of the flagpole.  The motion carried, with Councilwoman Chen absent.

Councilwoman Chen returned to the dais at this juncture, 9:26 p.m.

RECESS AND RECONVENE

The meeting recessed at 9:26 p.m. and reconvened at 9:36 p.m., with all Councilmembers in attendance.

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

PENDING LEGAL MATTERS

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, MARCH 3, 2009, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CHARTER.

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Lee to waive reading of and adopt Resolution No. 2008-31 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, MARCH 3, 2009, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CHARTER.  The motion carried unanimously.

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, MARCH 3, 2009.

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Lee to waive reading of and adopt Resolution No. 2008-32 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, MARCH 3, 2009.  The motion carried unanimously.

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE'S STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 3, 2009.

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilwoman Lee to waive reading of and adopt Resolution No. 2008-33 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE'S STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 3, 2009.  The motion carried unanimously.

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS AMENDING RESOLUTION NO. 2008-28, REVISING PARKING RESTRICTIONS ON ARTESIA BOULEVARD.

Discussion was held regarding the following:  steps taken to monitor and improve traffic circulation in the area of Gahr High School; what constitutes a traffic violation; cost to the City in addressing this matter; possible closure of Mapes Avenue and required vote by residents in the affected area; traffic citations as a deterrent and the number of traffic citations issued in the Gahr High School area since the beginning of this school year; parent education; and cooperation of Gahr High School administration.

Paul Bellenbaum, Cerritos resident, suggested building a foot bridge from the area near the cemetery to Gahr High School.

MOTION:  It was moved by Councilman Cho and seconded by Councilwoman Lee to waive reading of and adopt Resolution No. 2008-34 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS AMENDING RESOLUTION NO. 2008-28, REVISING PARKING RESTRICTIONS ON ARTESIA BOULEVARD.  The motion carried unanimously.

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS PROVIDING FOR CERTAIN ADJUSTMENTS IN THE EMPLOYMENT SYSTEM AND THE PERSONNEL POLICIES, FOR FULL-TIME NON-EXEMPT EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 619, AND REPEALING RESOLUTION NO. 2006-26.

Consideration to waive reading of and adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS PROVIDING FOR CERTAIN ADJUSTMENTS IN THE EMPLOYMENT SYSTEM AND THE PERSONNEL POLICIES, FOR FULL-TIME EXEMPT EMPLOYEES, FULL-TIME CONFIDENTIAL EMPLOYEES AND ALL PART-TIME TEMPORARY EMPLOYEES, INCLUDING TEMPORARY PART-TIME EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 619, AND REPEALING RESOLUTION NO. 2006-35 AND RESOLUTION NO. 2006-27 AND ALL RELATED AMENDMENTS.

MOTION:  It was moved by Councilman Cho and seconded by Councilwoman Chen to waive reading of and adopt Resolution No. 2008-35 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS PROVIDING FOR CERTAIN ADJUSTMENTS IN THE EMPLOYMENT SYSTEM AND THE PERSONNEL POLICIES, FOR FULL-TIME NON-EXEMPT EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 619, AND REPEALING RESOLUTION NO. 2006-26.  The motion carried unanimously.

MOTION:  It was moved by Councilman Cho and seconded by Councilwoman Chen to waive reading of and adopt Resolution No. 2008-36 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CERRITOS PROVIDING FOR CERTAIN ADJUSTMENTS IN THE EMPLOYMENT SYSTEM AND THE PERSONNEL POLICIES, FOR FULL-TIME EXEMPT EMPLOYEES, FULL-TIME CONFIDENTIAL EMPLOYEES AND ALL PART-TIME TEMPORARY EMPLOYEES, INCLUDING TEMPORARY PART-TIME EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 619, AND REPEALING RESOLUTION NO. 2006-35 AND RESOLUTION NO. 2006-27 AND ALL RELATED AMENDMENTS.  The motion carried unanimously.

Consideration of information regarding residential mailbox regulations.

MOTION:  It was moved by Mayor Pro Tem Barrows and seconded by Councilman Cho to receive and file the staff report dated September 25, 2008 entitled Consideration of information regarding residential mailbox regulations.  The motion carried unanimously.

PENDING LEGISLATION

Report on Pending Legislation

The City Manager reported on the potential lawsuit by the California Redevelopment Association with regard to the taking of redevelopment monies from local redevelopment agencies and noted that staff is monitoring this situation.

CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS/REPORT ON MEETINGS

CONSENSUS:  Following comment by Councilwoman Lee regarding the financial crisis in the stock market, and at her suggestion, staff was directed to report back at the next City Council meeting regarding how much we lost, where we are and what in the future we can do because the State is attempting to take money from us and we are losing interest income.

Councilwoman Lee reported on the dedication of the sculpture Mirage in the Cerritos Sculpture Garden on October 3, 2008.

Mayor Pro Tem Barrows also commented on the Mirage sculpture dedication and his attendance at the 7th Annual Ukulele Festival in Cerritos.

Mayor Edwards commented on the dedication of the library bench art work.

EMERGENCY SITUATION

MOTION:  It was moved by Councilman Cho and seconded by Councilwoman Chen, that the City Council make a determination that an emergency situation exists related to letters that have been written regarding a request for a proposal to have a mediation in the Cuesta Villas validation action; that the need to take action on this matter came to the attention of the City subsequent to the agenda being posted; and that the matter be placed on this evening's agenda.  The motion carried unanimously.

CLOSED SESSION

The City Council convened in Closed Session at 10:20 p.m.

CONFERENCE WITH LEGAL COUNSEL

EXISTING LITIGATION PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54956.9 SUBDIVISION (a)

Case No.:  Los Angeles Superior Court Case No. VC050114

Name of Case:  City of Cerritos v. Interested Persons

The meeting reconvened at 11:15 p.m. with all Councilmembers in attendance and there was no report to be given as a result of Closed Session discussion.

The City Council convened in Closed Session at 11:15 p.m.

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 Clerk

Agency Designated Representative:  Josephine Triggs

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

The meeting reconvened at 12:05 a.m. with all Councilmembers in attendance and there was no report to be given as a result of Closed Session discussion.

ADJOURNMENT

The meeting adjourned at 12:05 a.m. October 10, 2008 in memory of Congresswomen Linda and Loretta Sanchez's brother Henry Sanchez who recently passed away.

/s/ Josephine Triggs
Josephine Triggs, City Clerk

ATTEST:

/s/ Jim Edwards
Jim Edwards, Mayor

Approved:  October 23, 2008

 

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